THIS BOOK MUST BE RETURNED 

"to the: 

LEGISLATIVE REFERENCE 
SERVICE 

AND NOT TO THE SHELVES 




Glass. 
Rnok. 






' Wot to -be taken fro 

tbe i 



CYCLOPEDIA 
OF AMERICAN 
GOVERNMENT 



<^.jr^\ 



LOPBDI A of 
AMERICAN 
GOVERNMENT 



EDITED BY 



Andrew c. Mclaughlin, a.m., ll.b., ll.d, 

PROFESSOR OF HISTORY, UNIVERSITY OF CHICAGO 



AND 



ALBERT BUSHNELL HART, PH.D., LITT.D., LL.D. 

PROFES 3 OR OF THE SCIENCE OF GOVERNMENT, HARVARD UNIVERSITY 




Library^ ingress 
l9i i 9 lative Reference Senr^ 

VOLUME II 

FINANCE-PRESENTMENT 



NEW YORK AND LONDON 
D. APPLETON AND COMPANY 

1914 







Copyright, 1914, by 
D. APPLETON AND COMPANY 



Printed in the United States of America 



MAPS AND CHARTS 



MAPS 

PAGE 

Florida 27 

Distribution of Foreign Elements in the Population 32 

Georgia 76 

Hawaii 113 

Idaho 138 

Illinois 140 

Indiana 159 

Indian Reservations 166 

Interurban Electric Railway Systems 232 

Iowa 238 

National Forests and Irrigation Projects 242 

Kansas ' 275 

Kentucky 278 

Louisiana 375 

Southern Louisiana Boundary Controversy 377 

Northern Louisiana Boundary Controversy '. 378 

Maine 387 

Maryland 404 

Massachusetts 407 

Mexico and Central America 421 

Texas Boundary Controversy 423 

Michigan 426 

Distribution of Principal Economic Minerals 444 

Minnesota 448 

Mississippi j 453 

Missouri 458 

Montana 470 

Nebraska 509 

Density of Negro Population 514 

Nevada 523 

New Hampshire 528 

New Jersey 531 

New Mexico 533 

New York 536 

New York City 540 

North Carolina 557 

North Dakota 559 

Northeastern Boundary Controversy 561 

Northwestern Boundary Controversy 563 

Ohio 574 

Oklahoma 577 

Oregon 589 

Pacific Islands 597 

Pennsylvania . 663 



MAPS AND CHARTS 

PAGE 

Philadelphia .;. 677 

Philippine Islands 681 

Physical Map of the United States . . . . 688 

Center of Population of the United States 741 

Frontier Line, 1790-1880 744 

Distribution of the Population in 1790 745 

dlsteibution of the population in 1810 746 

Distribution of the Population in 1830 ' 747 

Distribution of the Population in 1850 748 

Distribution of the Population in 1870 750 

Distribution of the Population in 1890 752 

Distribution of the Population in 1900 75"4 

Porto Rico 759 

charts 

Internal Organization of the Department of the Interior 200-201 

Internal Organization of the Department of Justice 272 

Internal Organization of the Department of Labor 287 

Internal Organization of the Navy Department 504-505 

Internal Organization of the Post Office Department 762 



V3 



CYCLOPEDIA OF 
AMERICAN GOVERNMENT 

VOLUME II 



FINANCE, EUROPEAN SYSTEM OF 



How Far National Systems are Similar. — 
Strictly, there is no European system of fi- 
nance. Each country has its own system which 
is a joint-product of historical conditions and 
an evolving science of finance. Both influences, 
reenforced by conscious imitation of other na- 
tions, cooperate to bring about an essential 
similarity of main features in the several na- 
tional systems. Like needs for public expendi- 
tures result from like constitutional limita- 
tions, and forms of political organization and 
social and political theories, and like indus- 
tries, trade, forms of property and income 
provide substantially similar sources of public 
revenue. The science of finance, dealing with 
similar data and being itself a product of col- 
laboration by scientists and administrators in 
all countries, also tends to create a uniformity 
of national systems. 

Expenditures. — The ordinary gross expendi- 
tures of leading European governments under 
main heads, according to Schwarz, were (in 
millions) in 1908: 



net national revenues partly because that gov- 
ernment defrays armament costs from current 
revenues. Continental countries extensively 
meet them by enlarging the debt — placing 
loans to cover resulting deficits or to pay "ex- 
traordinary" costs of armaments. (2) Costs 
of debt service; which are current payments 
towards costs of past wars, covering deficits 
created by armament expenses, besides making 
public improvements and acquiring more or 
less productive enterprises — railways, tele- 
graphs, telephones, tobacco and other factories. 
(3) Expenditures for education; improving 
public schools and educational facilities, pen- 
sioning retired teachers, enlarging the share 
of central government in these costs. (4) Pro- 
moting industries and commerce, including 
transport and communication facilities, a rap- 
idly increasing item. (5) Social welfare; es- 
pecially costs of public employment bureaus, 
old age pensions, workingmen's insurance. 
Even Great Britain, though tardily, has vigor- 
ously adopted these policies. 



Great Britain 

Germany (Empire 
and States) — 

France 

Italy 

Austria-Hungary 



Unit 



Pound 

Mark 

Franc 

Lira 

Crown 



State 
Enter- 
prises 


Collect- 
ing Rev- 
enues, 
Fiscal 
Monopo- 
lies 

3.2 

142.8 
233.4 
150.2 
23S.3 


Army, 
Navy 
and 
Pen- 
sions 


Edu- 
cation 


Deht 
Service 


Other 


17.5 

3.267.3 

304.0 
167.1 
998.7 


58.2 

1,162.1 

1,203.6 

400.6 

499.1 


17.4 

317.8 

271.2 

76.9 

151.7 


29.5 

735.5 

973.4 
592 7 
710.1 


26.0 

1.749.1 
886.0 
32^.7 
838.3 



Total 



151.8 

7.376.6 
3.871.6 
1,713.2 
3.436.2 



Expenditures for state enterprises — post, 
telegraph, government railways, domains — and 
for fiscal monopolies — tobacco, matches, salt — ■ 
are gross payments, usually offset by greater 
receipts, and hence figures on the revenue side 
of net budgets. 

Prominent among expenditures proper are 
the following: (1) cost of armaments; mili- 
tary and naval expenditures, including pen- 
sions, absorb almost half of Great Britain's 



An expanding local government expenditure, 
varying from country to country, adds from 
30 to 100 per cent to the fiscal burdens. They 
double certain items such as education and 
debt ; provide purely local services, and reduce in 
aggregate the disproportion between armament 
expenditures and other expenditure groups. 
There is a tendency for the National Govern- 
ments to limit and control local expenditures 
and debts and to assume a growing share in 



FINANCE, LOCAL SYSTEMS OF 



costs of general services — such as education, 
thoroughfares, prisons, police, public assist- 
ance. 

Revenues. — The relative proportions of net 
national revenues drawn from main -sources 
were, in 1908: 



prises — gas, water, light, tramways — and oc- 
trois (France, Italy). The tendency is to 
separate sources of national and local revenues, 
assigning to central governments taxes based 
on ability to pay, and to local governments 
taxes on land, buildings, businesses, services 



State enterprises _. 
Customs and taxes, 
Other receipts 



Great 
Britain 



5.4 
93.3 
1.3 



Germany 



30.5 
55.4 
14.1 



France 



3.6 
91.0 
5.4 



Italy 



6.1 
84.1 



Austria- 
Hungary 



11.0 
82.4 
6.6 



Despite varying methods of classification it 
is clear that state enterprises yield a striking 
part of net revenues in Germany, and notable 
and increasing sums in other continental states, 
where the acquisition of the more lucrative 
railway lines proceeds. These revenues, how- 
ever, have a tendency to decline in hard times, 
like customs duties. 

Customs and taxes provide nine-tenths of the 
British and French, and four-fifths of the 
Italian and Austro-Hungarian net revenues. 
On a similar basis — including fees above placed 
under "other receipts" — Germany's proportion 
would be about three-fifths. British customs 
duties yield over one-fifth of national revenue, 
95 per cent of this being from alcoholic 
liquors, tobacco and "colonial" products. The 
other governments derive approximately one- 
seventh of their national revenues from cus- 
toms, chiefly from duties designed for agricul- 
tural and industrial protection. Internal taxes 
are drawn mainly from income and consump- 
tion taxes, which are developing as parts of the 
tax system with increasing emphasis on the 
former. Some striking tendencies of income 
taxation are : ( 1 ) differentiation of sources 
and imposing of higher rates on funded in- 
comes; (2) accentuation of progressive rates 
on larger incomes, partly by exemption and 
abatement on smaller incomes, partly by direct- 
ly progressive rates, also by a super-tax (Great 
Britain) and by a supplementary property tax 
(Prussia). The latest English and German 
legislation seeks special contributions from the 
"unearned increment" in land. Inheritance 
taxes, rapidly progressive as to amount and 
kinship of successor, further accentuate those 
tendencies which result jointly from fiscal ex- 
igencies and practical recognition of faculty 
and social theories of taxation. Consumption 
taxes come chiefly from alcoholic drinks, to- 
bacco, extensively from sugar and salt. Fees, 
registration and stamp duties, variously classi- 
fied under taxes and other receipts, yield con- 
siderable sums. 

Local revenues present greater variety than 
national revenues, both between countries and 
between gradations in local government. They 
are chiefly derived from taxes on property, lim- 
ited additions to national taxes, funds allo- 
cated by the central government from special 
revenues or for special services ; especially from 
fees, licenses, earnings from municipal enter 



wherein values are directly affected by local 
improvements. The Miquel reforms in Prussia 
(1893-95) completely applied this principle. 
Besides attaining greater efficiency and equity 
in administration of revenues, they release the 
people from local consumption taxes and na- 
tional revenues from local additions. 

See Appropriations, American System of; 
Cost of Government in the United States ; 
Debt, Public Administration of; Financial 
Policy of the United States; Public Ac- 
counts; Statistics, Official Collection of; 
Tariff Policy of the United States; Taxa- 
tion, Constitutional Basis of. 

References: C. F. Bastable, Public Finance 
(3d ed., 1903), I-V; H. C. Adams, Sci. of Fi- 
nance (1898), Pt. I, Bk. I, Pt. II; C. C. Plehn, 
Introduction to Public Finance (3d ed., 1911), 
Pts. I-III ; E. R. A. Seligman, Essays in Taxa- 
tion (1897), ch. x, Income Tax (1911) ; J. W. 
Grice, National and Local Finance (1910); 
P. C. Brooks, "German Imperial Tax on Un- 
earned Increment" in Quart. Jour. Econ., XXV 
(1911), 682-709; Schonberg's Handbuch der 
Politischen Oekonomie, III (4th ed., 1897-98) ; 

0. Schwarz, "Finanzen der Gegenivart" in 
Conrad, Handworterbuch der Staatsioissenschaf- 
ten, IV (3d ed., 1909), 226-61; T. Eheberg, 
Finanzwissensclvaft (11th ed., 1911) ; P. Leroy- 
Beaulieu, Traite de la Science des Finances, 

1, II (8th ed., 1912). E. H. Vickers. 

FINANCE, LOCAL SYSTEMS OF. Types 
and Forms. — Heterogeneous systems of finance 
in the United States reflect with varying de- 
grees of fidelity characteristics derived from 
the main types of local administration: viz., 
township, county, and mixed systems. Auton- 
omous cities, to some extent towns and vil- 
lages, represent a fourth distinct, but varying 
type. Under each local system, many school 
districts levy taxes and appropriate funds for 
school purposes, though actual fiscal adminis- 
tration is exercised by township or county 
officials. Enabling powers conferred by legisla- 
tures on each kind of local administration 
limit variously and closely the purposes of ex- 
penditure, amount of debt, sources and amount 
of taxes. 

New England. — In New England towns, the 
town meetings (see) vote appropriations and 
tax levies. Selectmen (see) or assessors (see) 
value and assess real estate and personal prop 



2 



FINANCE, STATE SYSTEMS OF 



ertj, and prepare tax lists at rates which will 
yield the requisite sums including the appor- 
tioned quota for county and state taxes. The 
town treasurer, directly or through tax collec- 
tors, receives revenues and transmits to county 
and state treasurers their respective quotas. 
He holds the town revenues, and, subject to 
warrant of the selectmen, pays township ex- 
penditures, keeping detailed records of all re- 
ceipts and disbursements. The fiscal functions 
and administration of New England counties 
widely vary, being nil in Rhode Island. Coun- 
ty expenditures and tax levies are fixed in 
New Hampshire and Connecticut by county 
members of the legislature, elsewhere by county 
commissioners, with subsequent legislative en- 
actment in Massachusetts. A county treasurer 
receives, holds, and, subject to warrant of the 
county commissioners, disburses, the funds of 
the county. 

South. — In the southern states, county 
boards supervise county finances, determine the 
expenditures and fix tax levies, adding state 
taxes on general property — commonly by spe- 
cifying rates (mills) for each main object of 
expenditure. They assess the much used li- 
cense taxes, and sometimes act as boards of 
equalization and correction for tax assessments. 
In G-eorgia — as in Connecticut, New Hamp- 
shire, Indiana and Arkansas — separate officials 
fix tax levies, thus separating this function 
from appropriations. Elective assessors and 
deputy assessors value and assess locally tax- 
able property and prepare tax lists. Taxes are 
received by collectors, sheriff, or treasurer, and 
held usually in separate funds by the county 
treasurer, who, subject to warrant of the coun- 
ty board, makes disbursements. The county 
auditor, or clerk, audits bills. 

Middle States and West. — In the mixed sys- 
tems of New York, Pennsylvania and many 
western states, the characteristic features of 
township and county systems are variously 
combined. The township system is also repre- 
sented in the South. County fiscal functions 
increase in relative importance in most New 
England states and dominate in the West. 
Economy and efficiency of centralized admin- 
istration for such services as education, char- 
ities, and roads explain this tendency. County 
boards usually equalize aggregate assessments 
between districts, but sometimes they make 
adjustments between individuals. 



Expenditures. — Approximately 55 per cent 
of the aggregate government expenditures in 
the United States were disbursed by local 
governments in 1902 — almost three-fifths by 
cities. Besides costs of administration, the 
local expenditures were mainly for education, 
roads and bridges, courts and prisons, char- 
ities, interest on debt, and health. Cities and 
towns have additional expenses for fire protec- 
tion, sewers and drainage, lighting and parks. 
Distribution between county and minor divi- 
sions varies widely, counties bearing more in 
proportion as townships are less developed and 
urban population relatively small. 

Revenues. — For the whole country, the gen- 
eral property tax yielded ( 1902 ) most of the 
local revenues; viz., in cities of over 25,000, 
81.4 per cent; in cities of 8,000 to 25,000, 76.6 
per cent, in counties 79.9 per cent, other minor 
divisions 80.7 per cent. Subventions and 
grants, licenses (chiefly liquor), and poll taxes 
gave almost the whole remainder. Except in 
cities, the bulk of poll taxes and the major 
part of license taxes other than liquor were 
obtained in southern states. Subventions for 
various purposes, especially education, are 
granted by most states. The recent tendency 
in some states towards centralization of vari- 
ous taxes is often accompanied by division of 
the proceeds with local governments. Cities 
obtain revenues from similar sources, also 
largely from fees, municipal services and spe- 
cial assessments. 

See Assessment of Taxes; Budgets, State 
and Local; County Government; Expendi- 
tures, State and Local; Finance, State 
Systems of; Public Accounts; Taxation, 
Subjects of; Towns and Townships. 

References: J. A. Fairlie, Local Government 
in Counties, Towns and Tillages (1906), Pt. 
II, chs. v, vii, Pts. Ill, IV; "State Supervision 
of Local Finance" in Am. Pol. Sci. Assoc, Pro- 
ceedings, 1905, 151-163; K. L. Ashley, Am. 
Federal State ( 1903 ) , chs. xx, xxi ; F. J. Good- 
now, City Government in the U. S. (1904), 
ch. xiii; D. F. Wilcox, Municipal Franchises, 
II (1911), Pt. IV, ch. xliv; U. S. Census 
Office, Special Report on Wealth, Debt, and 
Taxation (1909), Pt. Ill, 618-620, 642-648, Pt. 
IV, Tables 6, 1 } 8, 10, 12-20, Statistics of Cities 
Having a Population of Over 30,000, 1908 
(1910); Am. Year Book, 1910, and year by 
year. E. H. Vickers. 



FINANCE, STATE SYSTEMS OF 



Diversity of State Systems.— Original sim- 
ilarity of economic conditions, constitutional 
limitations, administrative organization and 
functions gave wide uniformity of state sys- 
tems of finance, though variations were abun- 
dant in local systems. Efforts at reform, by 



following measures elsewhere successful, still 
tend to assimilate state systems. Nevertheless 
perplexing diversity of systems grows out of 
changing economic conditions, urban growth, 
diversification of interests, different methods of 
taxing new forms of property, and constitu- 



FINANCE, STATE SYSTEMS OF 



tional limitations. Where apparent similarity 
exists, variety actually arises from different 
methods of classification and accounting, and 
renders comparisons deceptive or impracticable. 
The resulting diversity of state fiscal systems, 
especially of revenues and administration, is 
such that only a separate exposition in detail 
for each state could be completely accurate. 

Expenditures. — The general expenditures of 
the states and territories aggregated (1902) 
$185,600,000 — somewhat less than the total ex- 
penditures of counties, one-third that of cities, 
four-fifths that of other minor divisions. One- 
third of the states' total went for education, 
common schools absorbing 75 per cent. " Di- 
rectly for education some states expend little 
(Tennessee 2, Massachusetts 5, per cent), oth- 
ers more than half their totals (New Jersey, 
Delaware, Michigan, Texas ) . Proportions for 
common schools range from almost nothing 
(Indiana) to practically all educational ex- 
penditure (New Jersey). These variations at- 
tach to varying degrees of decentralization. 
The enumerated expenditures for common 
schools are practically subventions paid to lo- 
cal governments which maintain such schools. 
The remaining two-thirds of the aggregate gen- 
eral expenditures went: for insane, 11 per 
cent; for charities, 10 per cent; for legislation 
and administration, 8.6 per cent; for penal in- 
stitutions,, 7.6 per cent; for courts, 6 per cent; 
for interest, 5.3 per cent; military, highways, 
sewers and drainage, agriculture, police and 
inspection, parks and recreation, health conser- 
vation, etc., took the rest. Under most of 
these different heads, expenditures by the sev- 
eral states range from nothing or almost noth- 
ing, to proportions doubling the average. Dif- 
ferent methods of accounting contribute to 
these statistical variations. Efficiency and newly 
assumed functions of more centralized adminis- 
tration continually increase state expenditures 
under every head, without arresting the growth 
of local expenditures. Besides general expendi- 
tures, further payments by states (1902), ag- 
gregating $86,000,000, were composed mainly 
of investments ($27;300,000) , book transfers 
$25,800,000, debt redemption 17,500,000, reve- 
nues collected for other civil divisions $10,400,- 
000. Excepting debt redemption, these pay- 
ments inequally distributed among states, rep- 
resent little actual charge for state uses on 
current revenues. 

Revenues. — Certain classes of state revenue 
connected with debt refunding, book transfers, 
various temporary receipts on account of local 
governments and disposal of state property, 
are nominal results of accounting methods or 
occasional resources. Omitting these, state 
revenues are classified as general and commer- 
cial. The percentage of aggregate general rev- 
enues derived by states and territories (1902) 
from the main sources was: general property 
tax, 51.7 per cent; special property and busi- 
ness taxes, 32.7 per cent; liquor licenses, 6.1 per 



cent; other licenses, 5.5 per cent; subventions 
and grants, 1.7 per cent; poll taxes, 1.4 per 
cent. Recent changes reduce somewhat the 
percentage from general property taxes, in* 
creasing that from special taxes. 

While general property yields about half of 
the total, yet proportions range from nothing 
(Connecticut, Delaware) to 90-96 per cent 
(South Carolina, Utah, North Dakota, Okla- 
homa). South Carolina supplements general 
property taxes with commercial revenues, using 
but slightly other forms. Over two-thirds of 
the states — including all the south central and 
western (except Montana), and most of the 
north central and south Atlantic, with New 
Hampshire in the north Atlantic divisions — 
receive above half of their general revenues 
from this source. But, while general property 
usually includes "all property, both real and 
personal," yet both legal exemptions and defi- 
nitions of real and personal property widely 
vary among states. Thus Vermont exempts 
personalty of residents which is located in 
another state. Deductions for debt and mort- 
gages are allowed variously, or not at all. 
Many states tax corporations separately by 
special methods — several using the general 
property tax but slightly for state purposes — 
while some state constitutions make all fran- 
chises taxable under general property. Differ- 
ences in classification make impossible accurate 
statistical comparisons — especially the ratio of 
realty to personalty — between the several 
states. Obvious inequalities of assessed valu- 
ation (see) cause widespread discontent with 
this tax as a main source of state revenue. 
Two reforms much urged are in some measure 
realized: (1) separation of sources, raising 
state revenue primarily from corporations, li- 
censes, fees, and leaving land and tangible 
property for local taxation (Connecticut, Dela- 
ware, Pennsylvania, West Virginia) ; (2) 
classification of property, and low tax rates 
on those classes which evade higher uniform 
rates. Several states now have low flat rates 
on moneys and credits (Maryland, Pennsylvan- 
ia, Indiana, Minnesota). Constitutional limi- 
tations, especially one requiring that all kinds 
of property be taxed at a uniform rate, hamper 
most states, or make constitutional amend- 
ments a preliminary to such reforms. 

Special property taxes are derived from in- 
heritances and mainly corporations. These and 
intimately related business taxes together 
yield one-third of all general revenues. States 
usually tax corporations under general prop- 
erty, but increasingly by special methods de- 
signed more simply, directly and equably to 
reach various forms of corporate property. To 
this tendency, state constitutions interpose ob- 
stacles. Hence few states have completely dif- 
ferentiated corporation taxes from general 
property. Nine-tenths of the aggregate special 
property taxes, including inheritance (1902), 
were raised by four states where separation 



FINANCE, STATE SYSTEMS OF 



of sources was extensively realized (Massachu- 
setts, Connecticut, Pennsylvania, New York). 

Business taxes variously share the nature of 
special property and license taxes, and apply 
to corporations and individuals. They supple- 
ment general property taxes, especially in 
southern states, differing frc<m state to state; 
and partly supplant general property, corpora- 
tion and license taxes. About three-fourths 
of the states have inheritance taxes. Many 
states exempt, other fix low rates for direct 
heirs. Rates are usually progressive collateral- 
ly, rarely as to value of estate. Collection 
is often lax, total yield, therefore, moderate 
but increasing. New York's law of 1910 ap- 
plied (double) progressive rates much below 
those in Great Britain. Circumvention by 
change of residence induced the governor to 
recommend repeal. The law of 1911 moderated 
the rates. 

Many states leave liquor licenses wholly for 
local use. New York, Pennsylvania, Ohio, Mas- 
sachusetts together obtained (1902) over three- 
fourths of the aggregate raised for state pur- 
poses from that source. Business licenses 
yielded important sums to Wisconsin, Pennsyl- 
vania, Texas, Louisiana and a few other states, 
chiefly in the south Atlantic and south central 
divisions, and largely from sources covered in 
some states by business and corporation taxes. 
Poll taxes yield state revenues only in Indiana, 
and the south Atlantic, south central and 
western divisions. Several states have income 
taxes of insignificant yield. Wisconsin levied 
an income tax to be effective 1912, progressive 
in rate, to supplant personal property taxation. 

Administration. — State systems of adminis- 
tration are differentiated primarily by the 
relative degrees of decentralization and by dif- 
ferences in the main forms of revenue, involv- 
ing differences in methods of control and ac- 
counting. States are assuming a larger share 
in expenditures and administration, both of 
which have rested mainly with local govern- 
ments. Expenditures are effected usually by 
the state treasurer (see) and auditor. Sev- 
eral states seek more effective supervision 
by vesting in a board of control (see) large 
powers over all expending agencies. Revenue 
administration centers in a state comptroller 
(see), or auditor and treasurer. Differences 
in the functions and powers of these several 
agencies attach especially to general property, 
corporation, business or license taxes. Ad- 
ministration of general property taxes, mainly 
under local systems (see), hinges on assessed 
valuation (see). Where apportioned, each 
township fixes the state rate, and unequal 
valuations affect only its contributions for 
county purposes. But where, in more central- 
ized systems, the. state government fixes 
the uniform rate to be added to local assess- 
ments, unequal valuations corresponding- 
ly increase or reduce local contributions 
for state purposes. Boards of equaliza- 



tion of varying efficiency, never adequate, re- 
adjust such inequalities. Some states more 
hopefully employ tax commissioners (see) to 
similar ends. Corporation taxes are variously 
assessed, increasingly under the "unit rule," 
by special boards which include with growing 
frequency tax commissioners and other experts. 
Corporations commonly so taxed are railway, 
telegraph, telephone, sleeping car, express, of- 
ten street car companies. Where taxed by 
special methods, the capital stock, or gross or 
net earnings, is the basis. Some states pro- 
hibit, some compel, taxation of "corporate ex- 
cess," or franchise, value. Individual share- 
holders in such corporations are rarely taxed 
separately. Corporate tangible property is 
commonly taxable in localities where situated. 
Bank stock is usually assessed at the bank 
against individual shareholders. Corporation 
and license taxes are with increasing frequency 
collected by state officials, especially officials 
who issue licenses, and in some cases such rev- 
enues are wholly or partly returned to local 
governments. 

See Appropriations, American System of; 
Assessed Valuations, Comparative; Assess- 
ment of Taxes; Auditor, State; Budgets, 
State and Local; Comptroller, State; Cost 
of Government in the United States ; Debt, 
Public, Administration of; Expenditures, 
State and Local; Public Accounts; Pub- 
lic Property; Purchase of Public Supplies 
and Property ; Revenue, Public, Collection 
of; Revenue, Public Sources of; Tax Com- 
missioners and Tax Commissions, State; 
State Departments, Heads of; Taxation, 
Subjects of. 

References: U. S. Census Bureau, Special 
Report on Wealth, Debt, and Taxation, 1909, 
Pt. Ill, Pt. IV, 953-974, Tables 9, 10, 12; J. A. 
Fairlie, Report on Taxation and Revenue Sys- 
tem of Illinois, 1910, chs. ix, x; C. C. Plehn, 
Introduction to Public Finance (1911), 197- 
203, Pt. Ill, ch. viii; Nat. Tax. Assoc, "State 
and Local Taxation" in Int. Conferences, 
Annual Proceedings (since 1908) ; R. T. Ely, 
Taxation in Am. States and Cities (1888), Pts. 
II, IV; J. Bryce, Am. Commonwealth (1910), 
I, ch. xliii; E. R. A. Seligman, Essays in Taxa- 
tion (1897), chs. ii, vi, viii, xiii; Johns Hop- 
kins University, Studies in State Taxation 
(Maryland, North Carolina, Kansas, Mississip- 
pi, Georgia, 1900) ; R. C. McCrea, "Taxation 
of Personal Property in Pennsylvania" in 
Quart. Journ. Econ., XXI (1906), 52-95; J. 
E. Brindley, "Recent Tax Legislation in Iowa" 
in ibid, XXVI (1911), 178-182; W. Eldred, 
"Taxation of Intangible Property in Minne- 
sota" in ibid, XXVI (1911), 182-185; T. S. 
Adams, "Wis. Income Tax" in Am. Econ. Re- 
vieiu, I (1911), 906-909; K. K. Kennan, "Wis- 
consin Income Tax" in Quart. Jour. Econ., 
XXVI (1911), 169-78; J. H. Gilbert, "Tax Ap- 
portionment in Oregon" in Pol. Sci. Quart., 
XXVI (1911), 271-289; E. L. Bogart, "Recent 



FINANCIAL POLICY OF THE UNITED STATES 



Tax Eeforms in Ohio" in Amer. Econ. Review, 
I (1911), 505-518; J. A. Fairlie, "Taxation 
in Illinois" in ibid, I (1911), 519-534; reports 



'in the several states by Comptrollers, Treas- 
urer, Tax Commissioners; Am. Year Book, 
1910, and year by year. E. H. Vickers. 



FINANCIAL POLICY OF THE UNITED STATES 



The financial policy of the Federal Govern- 
ment differs in a marked degree from that of 
the leading European nations because of the 
separation of powers between the national and 
state governments. This affects both revenue 
and expenditures, and more particularly the 
latter. The underlying principles which deter- 
mine this division of financial activities are 
described elsewhere {see Financial Powees, 
Constitutional Basis of). The most signifi- 
cant constitutional provision (Art. I, Sec. ix, 
If 4 ) , which has, of necessity, driven the Federal 
Government to indirect taxation, is that, until 
the passage of the Sixteenth Amendment {see) 
all direct taxes {see Taxes, Direct) were ap- 
portioned; while in expenditures, the exercise 
of certain powers by states has relieved the 
National Government of responsibilities which 
come upon other large countries. 

The financial policy of the United States may 
conveniently be discussed under four headings : 
(1) revenue; (2) expenditure; (3) indebted- 
ness; (4) participation in private business. 

Revenue. — For financial support the Govern- 
ment has rested almost entirely upon indirect 
taxes, as customs receipts on imports, and in- 
ternal revenue or excise duties; and until the 
close of the Civil War the former was almost 
the sole reliance. From the organization of 
the Government until 1910 inclusive, the total 
ordinary receipts were 20,320 millions; of 
this, 11,195 millions came from customs; 
8,445 millions from internal revenue; 28 mil- 
lions from direct taxes; 362 millions from 
sales of public lands; 1,391 millions from mis- 
cellaneous r-ources; 96 per cent of the total 
has been thus derived from customs and inter- 
nal revenue. Internal revenue duties were long 
regarded as emergency income, to be used only 
temporarily, as in case of war. 

When import duties were adopted as the 
main source of financial supplies, it was almost 
inevitable that the revenun system should be 
utilized to further industrial and commercial 
policies. There is no system of taxation which 
so keenly affects business relationship as does 
ths collection of duties on goods coming into 
a country, for it discriminates against certain 
merchandise in favor of other competing prod- 
ucts. A domestic tax, however, places the same 
burden upon all home producers and relatively 
does not change their positions as competing 
rivals {see Protection, Theory). 

The revenue system was, therefore, early di- 
verted into an agency to protect domestic in- 
dustry. At first protection was incidental to 



revenue, but since 1816 protection has been 
advocated with increasing force as a controlling 
principle in the making of tariffs. Duties have 
been laid upon thousands of different kinds of 
commodities so that the revenue is derived 
from a great variety and number of trade op- 
erations, and this, in turn, causes wide and 
sometimes violent fluctuations in receipts. As 
income cannot be predicted within reason- 
able limits of accuracy, the Treasury has never 
been in a stable position. Surpluses and de- 
ficits have been unexpectedly large, and each 
has created embarrassing problems. 

Taxation of domestic industry by internal 
revenue duties has been less restricted. In the 
two earlier levies of internal revenue taxes 
(1791 and 1814) duties were imposed upon dis- 
tilled spirits, carriages, manufacture of snuff 
and sugar, and auction sales; and in the Civil 
War period, upon almost every form of the 
manufacturing, mercantile and transportation 
industries. After the war, duties were prac- 
tically limited to whisky and tobacco. As the 
objects have been few, it has been possible to 
gauge in advance their productivity, and in 
so far these taxes have contributed to an order- 
ly budget. 

Unlike European nations, the Federal Gov- 
ernment has made but little use of an income 
tax {see). Until the Civil War it was not sug- 
gested, and its benefits, when then adopted, 
were retained for only a short time. During 
the past twenty years there has been an in- 
creasing desire to add this prop to the financial 
desire to add this prop to the financial system, 
system, but constitutional difnculties until 1913 
barred the way. One financial resource the 
Federal Government has neglected to employ — 
its great national domain. For one brief pe- 
riod (1830-1835) the Treasury receipts from 
the sales of public lands were large, in one 
year exceeding that from any other source; 
but as a whole the income has been insignifi- 
cant. Intentionally it has been the policy to 
dispose of public lands on easy terms to 
settlers, and revenue has been a secondary ob- 
ject. Only within recent years has the country 
been aroused to consider the advantage of a 
stricter policy, whereby national resources 
owned by the Government may be conserved 
and used to yield a public revenue {see Con- 
servation ) . 

Expenditures. — Until recently the policy of 
the Government in the matter of expenditures 
has been almost exclusively devoted to the 
maintenance of the primary agencies of Gov- 
6 



FINANCIAL POLICY OF THE UNITED STATES 



eminent — its executive, judicial, and legisla- 
tive branches; to the support of a diplomatic 
and consular service abroad; to the care of 
Indians; the improvement of rivers and har- 
bors; to pensioning soldiers who have engaged 
in the nation's wars; to the payment of in- 
terest on debts, wholly due to the necessities 
of war; and to protection of the nation's sov- 
ereignty by an Army and Navy. From 1810 
to about 1835 various proposals were made 
for national roads and turnpikes, and one was 
built ( see Cumberland Road ) . Until the Civil 
War, however, the nation kept closely to the 
above named objects. In 1862 Congress author- 
ized that grants be made for the establishment 
of agricultural colleges (see Morrill Grant), 
but payments for this purpose did not directly 
involve taxation, for the expenditures were to 
be made from the proceeds of sales of public 
lands. The burdens of the Civil War checked 
any disposition, if there was one, to expend 
money on other than the primary duties of 
government. 

After 1880 a surplus revenue stimulated pro- 
posals of expenditure which covered a wide 
range, among which federal grants to common 
school education received zealous, though un- 
successful, support. Congress still held to the 
traditional policy and applied its funds to the 
creation of a new Navy; and rather than em- 
bark on new policies, it refunded to the states 
$15,000,000 of direct taxes collected during the 
Civil War; just as fifty years earlier it dis- 
tributed back to the states a surplus derived 
from unexpected sales of public lands (see). 

With the beginning of the twentieth century 
the Government, through legislation by Con- 
gress, reached out in new directions; it en- 
gaged in the construction of the Panama Ca- 
nal; extended the work of the Department of 
Agriculture into new fields; and showed a 
disposition to engage in humanitarian services 
which formerly would have been left to the 
states to perform. The indications are that 
the expenditures of the Government will ex- 
tend over a much wider range of application. 

Debt. — The American people have never fav- 
ored the perpetuation of a large national debt. 
In the earlier years of the republic this feel- 
ing was influenced in some sections by the 
belief that public indebtedness magnified fed- 
eral power and responsibility at the expense of 
state sovereignty. Counter convictions as to 
payment of the national debt have rarely been 
put to the serious test of sacrifice because 
American revenues have continued so ample, 
often more than was expected. Notwithstand- 
ing these qualifications, Congress has been so- 
licitous to provide for prompt payment of in- 
debtedness. Bonds (see) have run for short 
periods as compared with indefinite loans of 
foreign nations. The issue of Treasury notes* 
(see) may appear to be an exception, but 
acceptance of this method of providing for im- 
mediate financial needs has been due rather 



to mistaken notions in regard to the benefits 
of an enlarged monetary medium, than to a 
desire to escape just obligations. An inflexible 
tax system has made it difficult for the Gov- 
ernment to meet sudden emergencies; and the 
apparent lack of loanable capital has frequent- 
ly tempted Congress to rely upon Treas- 
ury notes, but with the exception of the legal 
tender (see) notes of the Civil War, they have 
always been quickly funded; moreover, with 
the exception of the greenbacks, they have 
borne interest. They are, therefore, to be re- 
garded as short-term certificates of indebtedness 
rather than as paper money. In more recent 
years there has been a greater tolerance of a 
public debt, due to the necessities of the na- 
tional banking system which requires bonds 
for a basis of circulation. But the national 
debt of the United States is small compared 
with those of other countries. In the United 
States the per capita national debt in 1910 was 
$11.42 ; in the United Kingdom, $82.38 ; in 
France, $150.09; in Germany, $17.38; and in 
Canada, $45.09. 

Participation in Business. — The Federal Gov- 
ernment carries on several great enterprises, 
particularly the Post Office; but the chief in- 
fluence over business which the Treasury has 
exerted has been upon the money market, and 
indirectly upon commercial affairs, through 
the possession of large balances of idle public 
money. The .proper use of such state funds 
in its earlier aspects was concerned with the 
security of public funds; later, it has includ- 
ed the service which the Treasury could render 
by making its resources temporarily available 
for private use. The withdrawal of large sums 
by taxation in excess of current expenditures, 
if kept in government vaults, lessens by so 
much the amount of loanable capital in its 
most available form, that of money. 

After the establishment of the sub-treasury 
system (see) in 1846, the Treasury gave little 
concern to the money market; and after the 
Civil War it had abundant use for all its 
funds. In 1873, however, on the celebrated 
Black Friday, the Secretary of the Treasury, 
on the personal direction of the President, 
broke the corner in gold by selling gold in the 
public market out of the Treasury. 

Between 1880 and 1890 the question became 
more serious, for surpluses threatened to pile 
up a huge accumulation in the Treasury. The 
difficulty was temporarily met by buying bonds 
at a premium at considerable pecuniary sacri- 
fice to the government, as the price of the bonds 
was lifted to an artificial level. Then for a 
short time the deposits (see) in banks were 
increased, and the money was returned to com- 
mercial channels, but the Republican adminis- 
tration in 1889 reversed the policy. Renewed 
prosperity in 1898 again brought the question 
into prominence, and deposit in banks was 
chosen as the solution. The Treasury became 
more and more involved with the business 



FINANCIAL POWERS, CONSTITUTIONAL BASIS OF 



world, and new devices were invented whereby 
the Treasury could exert an influence upon the 
money market, particularly during the admin- 
istration of Secretary Shaw which extended 
from 1902 to 1907. 

According to A. P. Andrew, who has made a 
special study of this period, this administra- 
tion "was marked by at least six significant 
departures from the paths of his predecessors:" 
(1) placing government money with banks up- 
on other security than government bonds; (2) 
exempting banks from maintaining the legal 
reserves against Government deposits; (3) 
transferring to banks public money which had 
already been turned into the Treasury; (4) 
artificially stimulating the importation of 
gold; (5) deliberately withdrawing money 
from banks in certain seasons in order to re- 
deposit it later; (6) forcing alternately the 
enlargement and retirement of the note Issue, 
by changing his order about deposit security 
as the Secretary saw fit. His policy was criti- 
cised and some of these innovations will prob- 
ably not be repeated. But there is a general 
belief that the Treasury cannot maintain a 
position of isolation, and that statutory meth- 
ods should be authorized, so as to bring the 
Treasury into closer relationships with the 



money market. The deposit of customs re- 
ceipts as well as internal revenue receipts in 
banks has consequently been authorized; and a 
desire to place all the Government funds at the 
disposal of a banking agency is one of the 
arguments advanced in favor of a central bank 
(see Bank, Central) which shall hold Gov- 
ernment deposits and act as the fiscal agency 
of the Treasury. 

See Appeopriations, American System of; 
Budgets, Federal; Cost of Government in 
United States; Debt, Public, Administra- 
tion of; Debt, Public, Principles of; Ex- 
penditures, Federal; Financial Powers, 
Constitutional - Basis of; Financial Sta- 
tistics; Legal Tender Controversy; Rev- 
enue, Public, Collection of; Sub-Treasury 
System; Tariff Administration; Tariff 
Policy of the United States. 

References: Among general financial discus- 
sions are: A. S. Bolles, Financial Hist, of the 
U. 8. (2d ed., 1884-1886) ; A. D. Noyes, Forty 
Years of Am. Finance, 1865-1906 ( 1907 ) ; D. 
R. Dewey, Financial Hist, of the V. 8. (3d ed., 
1907) ; bibliographies in D. R. Dewey, Financial 
Hist, of the U. 8.; Channing, Hart and Turner, 
Guide to Am. History (1912). 

Davis R. Dewey. 



FINANCIAL POWERS, CONSTITUTIONAL BASIS OF 



The principal financial powers of the Federal 
Government as expressly defined in the Con- 
stitution may be classified as follows: (1) to 
tax: (2) to expend money (Art. I, Sec. viii, 
If 1) ; (3) to borrow (Art. I, Sec. viii, f 2) ; 
(4) to coin money (Art. I, Sec. viii, 1f 5). 

Federal Taxation. — Congress is given power 
to impose all kinds of taxes, "to pay the debts 
and provide for the common defense and gen- 
eral welfare of the United States." Such taxes 
must be uniform throughout the country. Di- 
rect taxes, with the exception of income taxes 
exempted from the rule by • the Sixteenth 
Amendment (1913), must be apportioned ac- 
cording to , population ; export duties are for- 
bidden; and revenue bills shall originate in 
the House of Representatives, "but the Senate 
may propose or concur with amendments." 

The present discussion is confined to the defi- 
nition and interpretation of the above clauses 
as developed by experience. There has been 
much discussion as to whether the power of 
taxation is unlimited or restricted by the 
clause, following a comma, "to pay the debts 
and provide for the common defense and gen- 
eral welfare." The approved interpretation is 
that of limitation to those objects, viz., pay- 
ment of debts, common defense, and general 
welfare. The discussion which formerly had 
a vital interest, particularly in its relation 
to the constitutionality of levying duties for 



8 



protection of domestic industry, is now largely 
academic. Congress alone decides as to what 
will promote general welfare; it therefore tax- 
es not only for education (see), but for exposi- 
tions {see), parks in remote sections of the 
country, the protection of seals whose skins can 
be used only by the wealthy; the preservation 
of game {see) on a National Bison Range; or 
for the erection of monuments (see). Prac- 
tically, therefore, the federal power of taxation 
is unlimited, except in one particular; by 
judicial interpretation it has been held that 
Congress cannot tax the instrumentalities of 
state governments; for example, it may not 
tax the income of a state judicial officer, the 
processes of state courts, or state bonds, or a 
municipal corporation in respect to its revenue. 
The provision that taxes shall be uniform 
refers to uniformity in all parts of the country, 
not to uniformity of incidence; one rate may 
be imposed upon an individual and another 
upon a corporation, provided that they bear 
alike in all sections. This clause has created 
some embarrassment in dealing with the new 
insular possessions, the Philippine Islands and 
Porto Rico, but the Supreme Court has decided 
that as these possessions are not foreign coun- 
tries, the ordinary tariff duties on imports do 
not applv. There is difficulty in the levying of 
direct taxes (see Taxes, Direct), due to un- 
certainty as to the meaning of the term direct. 



FINANCIAL POWERS, CONSTITUTIONAL BASIS OF 



The courts have decided that while a tax on 
individual income is a direct tax, a tax on the 
income of corporations (see Corporations, 
Taxes on) is indirect; so, too, a tax on state 
bank note circulation {see Bank Notes). The 
adoption of the Sixteenth Amendment in 1913, 
however, authorized the Federal Government to 
levy a tax on incomes, and the income tax was 
established by Underwood Tariff Act (see). 

Although the Constitution undoubtedly in- 
tended that the House of Representatives 
should bear the main responsibility in fram- 
ing revenue measures, the development of con- 
gressional procedure has practically nullified 
that requirement. The Senate not only freely 
amends bills, but in one instance, 1871, com- 
pletely revised a House bill by substituting for 
a brief bill of four lines covering rates on two 
commodities, a measure of general revision, 
twenty pages in length. In all of the recent 
tariff bills the Senate has been powerful in the 
final determination of rates. 

Federal Appropriations and Expenditures. — 
The only constitutional references to the ex- 
penditure of money are that no money shall 
be drawn from the Treasury except in conse- 
quence of appropriations made by law; and 
that appropriations for the Army shall not be 
for a longer term than two years (Art. I, Sec. 
ix, If 7; Sec. viii, If 12). Under the general 
division of powers between the executive and 
administrative branches, the President is given 
little opportunity to participate in the fram- 
ing of a budget (see), and this separation, by 
many considered unfortunate, is partly re- 
sponsible for the haphazard adjustment of reve- 
nue and expenditure characteristic of Ameri- 
can finance. 

Federal Power to Borrow. — The power to 
borrow is unlimited as to method. Congress 
may borrow by the sale of bonds or by the 
issue of Treasury notes either with or without 
interest. Under this power it has been de- 
cided that Congress may charter a bank which 
may act as an agency in securing public loans 
(McCulloch vs. Maryland) ; and the applica- 
tion of this principle justifies the creation of 
national banks which are obliged to invest in 
Government securities. So unrestricted are the 
conditions under which the Government may 
borrow, that the Supreme Court has decided 
that promissory notes bearing no interest may 
be made legal tender; the power to borrow 
money includes the power to issue obligations 
in any appropriate form; and, if desired, in a 
form adapted to circulation from hand to hand 
in the, ordinary transactions of commerce and 
trade (see Legal Tender Controversy). 

Coinage. — Under coinage it has been held by 
some that the power does not refer exclusively 
to the making of metallic money, but also in- 
cludes the issue of paper money. This opinion 
has been endorsed by a federal judge (Justice 
Strong, 52 Pa. 67 ) ; and in the legal tender 
case (see), Juilliard vs. Greenman (1884), the 



court held that the issue of legal tender notes 
is incident to the right of coinage. 

Powers of the States. — The provisions of the 
Federal Constitution relating to the financial 
powers of states are not explicit (Amend- 
ment X) ; and it has been left to the courts to 
develop principles under constitutional inter- 
pretation which shall guide the states in 
shaping their financial policies. The only ex- 
press declaration in the Constitution (Art. I, 
Sec. xj 2) on taxation prohibits states from 
levying import or export duties, except what 
may be necessary to execute inspection laws, 
nor shall they lay any duty on tonnage. States 
cannot tax any of the instrumentalities of the 
Federal Government; they may not tax land or 
buildings owned by the National Government, 
or bonds or currency issued by it, unless Con- 
gress waives its sovereign right and grants the 
privilege, as it has (1894) in the case of 
Treasury notes. That part of the capital 
stock of a national bank invested in United 
States bonds may not be taxed to the bank, 
though shareholders may be taxed on their 
certificates of stock. Nor can federal officials 
be taxed on their official income. A corpora- 
tion chartered by Congress, if undertaking 
functions of the Federal Government, may not 
be taxed; thus the property of branches of 
the Second United States Bank was exempt, 
and so the franchise and property of the Pacif- 
ic Railroad which was engaged in carrying 
mails and troops during the Civil War. 

The exclusive power of Congress to regulate 
foreign and interstate commerce (Art. I, Sec. 
viii, If 3) deprives states of the right to tax 
commercial operations between this and for- 
eign countries or between states. A state can- 
not levy a special tax on sales made by im- 
porters or dealers in goods not produced or 
manufactured in the state, or bills of exchange 
drawn in one state and payable in another, or 
an occupation tax on telegraph companies, or 
tax locomotives and cars used as vehicles 
of interstate commerce. According to the Fed- 
eral Constitution (Art. IV, Sec. ii, jf 1) the 
citizens of each state are entitled to all the 
privileges and immunities of citizens of the 
several states; taxes, therefore, cannot be im- 
posed in abridgment of these privileges. A 
state cannot tax citizens of other states at 
higher rates than it imposes on its own citi- 
zens; nor can a state impose taxation which is 
repugnant to treaty obligations. Corporations 
are not citizens within the meaning of the 
clause of the Constitution ; consequently the 
rule of uniformity is not here imperative. In 
general the financial powers of all local gov- 
ernments are delegations from the state govern- 
ments, and they are subjected to the same 
constitutional limitations as the states. 

A fundamental right underlying the Consti- 
tution, but which has been given distinct enun- 
ciation by the Fourteenth Amendment, since 
its adoption in 1868, has had an important 



FINANCIAL STATISTICS 



influence upon state taxation: "Nor shall any 
state deprive any person of life, liberty or 
property without due process of law" (see Due 
Process of Law). As McClain writes: 
"There must be a procedure of some kind to 
fix the valuation of the property for purposes 
of taxation, and some apportionment of taxes 
on the basis of such valuation, and the tax- 
payer must have some kind of notice to enable 
him to pay before his property is seized. . . . 
'Due process of law' in this connection means 
that taxes must be for a public purpose, and 
imposed and collected in the usual methods 
applicable in the collection of revenue." 

It is difficult to draw the line between public 
and private purposes, and often the decision 
must be made by the courts. The following 
are illustrations of taxes held to be for private 
purposes: a tax to aid private parties or cor- 
porations to establish themselves in business 
or manufactures; a tax to supply a fund to 
loan to individuals who suffered from the 
Boston fire of 1872; a tax to supply destitute 
farmers with provisions and seeds; a tax to 
build a dam which might, at discretion, be used 
for private purposes. Notwithstanding these 
adverse decisions, legislatures expend money 
for similar private purposes, and taxes are di- 
verted to such objects. The difficulty is to ap- 
ply the test at the time of collection of the 
tax. As Cooley says, if the tax law on its 
face discloses no illegality, there can be no 
remedy: "An intent to misapply some of the 
revenue produced cannot be a ground of illegal- 
ity in the tax itself." 



State constitutions often impose certain 
fundamental restrictions, as that taxation shall 
be equal and uniform; that all taxes shall be 
imposed in exact proportion to the value of 
property; that taxation shall be ad valorem; 
that the property of corporations shall be taxed 
the same as that of individuals, that taxes 
shall be proportional and reasonable. They 
make provision for exemptions (see) ; forbid 
taxation to be applied for certain purposes, as 
in aid to private corporations; and restrict 
municipalities as to their rate of taxation. 
The varying principles laid down in the con- 
stitutions of different states have given rise to 
different systems of state taxation, which in 
turn have greatly embarrassed tax reform and 
the adjustment of revenue measures to new 
social and business needs. Particularly is this 
the case since interstate relationships have 
become so intimate. 

See Implied Powers; Internal Improve- 
ments; Ordinances, Executive; Revenue, 
Bills for Raising; and under Constitution 
of the United States; Tax; Taxation; 
Taxes. 

References: E. McClain, Const. Laio in the 
U. 8. (2d ed., 1910), 119-147, bibliographies, 
119, 143; T. M. Cooley, Law of Taxation (2d 
ed., 1886), chs. iii, iv, vii, Principles of 
Const. Laic (3d ed., 1898), 55-66, 73-77, 
86, 90-94; J. N. Pomeroy, Introduction to 
the Const. Law of the U. 8. (10th ed., 1888), 
270-320; D. R. Dewey, Financial Hist, of the 
U. 8. (3d ed., 1907), 60-70. 

Davis R. Dewey. 



FINANCIAL STATISTICS 



Additional statistical tables relating to coin- 
age will be found under Coinage and Specie 
Currency in the United States, and in re- 
gard to bank and treasury note issues under 
Paper Money in the United States. Statis- 
tics in regard to taxation, Government receipts 
and expenditures will be found under Budgets, 
Federal; Expenditures, Federal; Expendi- 
tures, State and Local. Statistics of public 
indebtedness will be found under Debt, Public, 
Administation of. The following tables 
are here appended: 

I. Monetary circulation, 1800-1910. 
II. Paper currency outstanding, 1862-1910. 

III. Amount of each kind of money in the 

United States, 1865-1909. 

IV. Total stock of money 1870-1909. 

V. Gold holdings of the Treasury, 1878- 
1912. 
VI. Imports and exports of gold, 1864- 
1912. 
VII. Relation of New York City national 
banks to entire national banking sys- 
tem, 1870-1909. 



VIII. 



IX. 
X. 

XI. 



XII. 

XIII. 

XIV. 

XV. 

XVI. 

XVII. 



XVIII. 



XIX. 



Number of banks, national, state, sav- 
ings and private banks, and trust 
companies, 1880-1909. 

Ratio of silver to gold, 1790-1910. 

Banking institutions and their capital, 
1870-1910. 

National banks, number and capital, 
loans, deposits and circulation, 1863- 
1912. 

Transactions of the New York Clearing 
House, 1855-1910. 

Available funds in United States 
treasury, 1865-1910. 

Public indebtedness, national, state, 
and local, 1870-1902. 

National debt, 1800-1910. 

Changes in national debt, 1860-1910. 

United States bonds outstanding and 
amount deposited for bank circula- 
tion, 1880-1912. 

Receipts and expenditures of Federal 
Government, 1860-1910. 

Value of all property in the United 
States, 1850-1904. 



10 



FINANCIAL STATISTICS 



TABLE I. MONETARY CIRCULATION, NOT INCLUDING TREASURY HOLDINGS (1800—1910) 

(Millions) 









0B 






w 










a 
o 










+j 


























eS 






























ES 


© 








3 






Year 


•3 


u 

> 


O 


v> 

0) 

o3 


-4-> 

o 


- >> 

s-c 


VI 
OJ 

|l 

.2 -a 
+j a 


M 


eS 

n 


a 
a 

n 


O 

a 

03 

o 

03 


a 

CJ 

h 

5 
"3 


e3 

"S 

e3 
U 




o 
O 


55 


o 

O 


S a) 

MO 


P 


H o 


55 PQ 


ZGZa 


P 


§ 


o 




1800 


$1 


6 














$11 


$27 


$4.99 


1810 


2 


7 
















28 


55 


7.60 


1820 


2 


2 












$41 


$4 




67 


6.96 


1830 


2 


6 












48 


13 




87 


6.78 


1840 


7 


9 












107 






186 


10.91 


1850 


14 


7 












131 






278 


12.02 


1860 


22 


8 












207 






435 


13.85 


1865 


2 


5 






$379 




$146 






165 


715 


20.58 


1870 


2 


5 






325 




290 






36 


676 


17.51 


1880 


266 


69 


$8 


$6 


328 




337 








973 


19.41 


1890 


374 


110 


131 


298 


335 




182 








1,429 


22.82 


1900 


611 


142 


201 


408 


314 


$79 


300 








2,055 


26.93 


1910 


591 


208 


803 


479 1 


335 


. 2 


684 








3,102 


34.33 



TABLE II. 



PAPER CURRENCY OUTSTANDING (1862—1910) 
(Millions) 



Year 


Old 

Demand 

Notes 


U. S. 
Notes 


Treas- 
ury 
Notes 
of 1890 


Frac- 
tional 
Cur- 
rency 

2E>T 

39.9 
42.1 
15.6 
*15.3 
15.3 
15.3 
15.3 
15.3 
15.3 


Gold 
Certifi- 
cates 


Silver i 

Certifi- | 

cates 


" Certifi- 
cates 
Cur- 
rency 


National 
Bank 
Notes 


Total 


1862 
1865 


$51.1 
.5 
.1 


$96.6 
431.1 
356.0 
375.8 
346.7 
346.7 
346.7 
346.7 
346.7 
346.7 
346.7 




"~~$34X 

21.8 

8.0 

140.3 

157.5 

48.5 
227.8 
716.3 
862.9 




~"~146T 

299.8 
354.4 
344.5 
318.6 
186.0 
211.7 
309.6 
495.7 
713.4 


$147.7 
602.7 


1870 




730.3 


1875 






$59.0 
14.3 
29.3 
12.4 
55.8 
3.7 


794.2 


1880 






$12.4 
139.9 
301.5 
328.9 
416.0 
465.3 
489.1 


727.2 


1885 






960.9 


1890 






1,007.1 


1895 




$146.1 

76.0 

9.4 

3.7 


1,097.2 


1900 




1,395.1 


1905 




2,049.0 


1910 






2.431.1 











1 Estimated ; probably the larger part of it is lost or destroyed. 

TABLE III. AMOUNT OF EACH KIND OF MONEY IN THE UNITED STATES (1865—1909) 

(Millions) 



Year 


Gold Coin, In- 
cluding Bullion 
in Treasury. 


> 

S3 


CJ 
> 

02 

>> 
u 
_eS 

"w 

-O. 

a 

02 


o 
a 

<D 
H 

■— i '-> 

o3 a 
ao 
_o 

'-C u 

o o> 
es a 
r n c3 
fad, 


a 

oS 

So 

«2J5 


o 

OS 

a 

VI VI 

eS 0) 

HS5 


© 
55 

02 

P 


Vi 

ej 

l-H O 

■P a 

eS eS 


c3 

+-> 
o 


1865 


$352 

589 

696 

636 

1,034 

1,358 

1,642 


$70~ 

209 

380 

402 

490 

559 

564 


$72" 
75 
77 
77 
83 
115 
159 


$25 
40 
42 


143 
2 

1 




$431 
356 
376 
347 
347 
347 
347 
347 
347 
347 


$146 
300 
354 
344 
319 
186 
212 
310 
496 
690 


$745 


1870 




698 


1875 




773 


1880 
1885 
1890 
1895 


$146" 
76 
9 
4 


1,186 
1,537 
1,685 
1,819 
2,340 
2,883 
3,406 


1900 
1905 






1909 







TABLE IV. TOTAL STOCK OF MONEY (1870-1909) 
(Millions) 



Year 


Total 
Money 
in the 
U. S. 


Money 

in the 

Treasury 1 


Money 

in Reporting 

Banks 


Money 

not in 

Treasury 

or Banks 


Percentage 

in 

Treasury 


Percentage 

in 

Banks 


Percentage 

not in 

Treasury 

or Banks 


1870 
1880 
1890 
1900 
1909 


$722.8 
1.185.5 
1,685.1 
2,339.7 
3,406.3 


$47.6 
212.1 
255.9 
284.6 
300.1 


$187.6 
274.3 
488.1 
749.9 

1,452.0 


$487.6 

699.1 

941.1 

1.305.2 

1,654.2 


$7 
18 
15 
12 
9 


$26 
23 
29 
32 
43 


$67 
59 
56 
56 
48 



Not including certificates. 
51 



11 



FINANCIAL STATISTICS 



TABLE V. GOLD HOLDINGS OF THE TREASURY (1878-1912) 
(Millions) 







Held 








Held 




Year 


Amount 


Against 
Certificates 


Net 


Year 


Amount 

$144.0 


Against 
Certificates 


Net 


1878 


$128.5 


$24.9 


$103.6 


1896 


$42.3 


$101.7 


1879 


135.2 


15.3 


120.0 


1897 


178.1 


37.3 


140 8 


1880 


126.1 


8.0 


118.2 


1898 


202.8 


35.8 


167.0 


1881 


163.2 


5.6 


157.4 


1899 


273.4 


32.7 


240 7 


1882 


148.5 


5.0 


143.5 


1900 


421.1 


200.6 


220 6 


1883 


198.1 


59.8 


138.3 


1901 


494.3 


245.7 


248 6 


1884 


204.9 


71.1 


133.7 


1902 


560.2 


306.4 


253 8 


1885 


247.0 


126.7 


120.3 


1903 


631.4 


377.3 


254 2 


1886 


232.8 


76.0 


156.8 


1904 


681.8 


467.7 


216 2 


1887 


2/8.1 


91.2 


186.9 


1905 


706.6 


485.2 


2214 


1888 


313.8 


119.9 


193.9 


1906 


807.1 


516.6 


290 5 


1889 


303.5 


116.8 


186.7 


1907 


904.7 


600.1 


304.6 


1890 


321.6 


131.4 


190.2 


1908 


„ 1,004.9 


783.0 


221.9 


1891 


238.5 


120.2 


117.7 


1909 


1,042.7 


815.0 


227.7 


1892 


255.6 


141.2 


114.3 


1910 


1,045.2 


802.8 


242.4 


1893 


188.5 


93.0 


95.5 


1911 


1,163.9 


930.4 


233.5 


1894 


131.2 


66.3 


64.9 


1912 


1,207.5 


943.4 


264.1 


1895 


155.9 


48.4 


107.5 











TABLE VL IMPORTS AND EXPORTS OF GOLD, SHOWING NET BALANCE (1864—1912) 

(Millions) 





Excess of 


Excess of 




Excess of 




Fiscal Year 


Exports Over 


Imports Over 
Exports 


Fiscal Year 


Exports Over 


Imports Over 




Imports 




Imports 


Exports 


1864 


$89.5 




1889 


$49.6 




1865 


51.9 




1890 


4.3 




1866 


63.0 




1891 


68.1 




1867 


22.1 




1892 


.5 




1868 


63.7 




1893 


87.5 




1869 


21.9 




1894 


4.6 




1870 


21.5 




1895 


30.1 




1871 


59.9 




1896 


78.9 




1872 
1873 


40.8 
36.1 




1897 
1898 




$44.6 
105.0 


1874 


14.5 




1899 




514 


1875 


53.2 




1900 


3.7 




1876 


23.1 




1901 




12.9 


1877 


.3 




1902 




3.5 


1878 




$4.2 


1903 


2.1 




1879 




1.0 


1904 




17.6 


1880 
1881 




77.1 

97.4 


1905 
1906 


38.9 


~~57~6 


1882 





1.7 


1907 




63.1 


1883 




6.1 


1908 




75.9 


1884 


18.3 




1909 


47.5 




1885 




18.3 


1910 


75.2 




1886 


22.3 




1911 




51.1 


1887 




33.2 


1912 


8.4 




1888 





25.5 









TABLE VII. RELATION OF NEW YORK CITY NATIONAL BANKS TO ENTIRE NATIONAL 

BANKING SYSTEM (1870—1909) 
(Percentages of Total) 



Year 


Loans 


Lawful Money 
Reserve 


Individual 
Deposits 


Banks, etc. 

Government, 

Other Deposits, 


1870 
1880 
1890 
1900 
1909 


24 
21 
15 
21 
18 


45 
43 
31 
38 

36 


35 
30 

15 
17 
16 


32 
46 
38 
40 
33 



TABLE VIII. NUMBER OF BANKS IN THE UNITED STATES (1880—1909) 1 
(National, State, Savings and Private Banks and Trust Companies) 



Section 



New England States 

Eastern States 

Southern States 

Middle Western States 

Western States 

Pacific States 

United States 





Number of Banks 


Number of Inhabitants 
to Each Bank 


1880 


1890 


1900 


1909 


1880 


1890 


1900 


1909 


1,084 


1,114 


1,108 


1,080 


3,699 


4,219 


5,046 


5,795 


1,954 


1.455 


1,783 


2,715 


6.016 


7,919 


9,594 


7,418 


675 


1.051 


1,617 


5,143 


22,603 


17,438 


13,655 


4,950 


2,285 


2,664 


3,732 


7,709 


6,906 


7,269 


6,183 


3,371 


359 


1,503 


1,648 


4,331 


5,452 


2,540 


3,106 


1,555 


175 


414 


490 


1,481 


7,964 


5,480 


6,294 


2,461 


6,532 


8,201 


10,378 


22,459 


7,678 


7,635 


7,337 


3,934 



1 Materials in Statistics for the U. S. (issued by National Monetary Commission, 1910). 

12 



FINANCIAL STATISTICS 
TABLE IX. RATIO OF BULLION VALUE OF SILVER TO GOLD (1790-1911) 



Year 


Commercial 
Ratio 


Bullion Value of 
Silver Dollar 


Year 


Commercial 
Ratio 


Bullion Value of 
Silver Dollar 


1790 
1800 
1810 
1820 
1830 
1840 
1850 


15.04 
15.68 
15.77 
15.62 
15.82 
15.62 
15.70 


$1,023" 
1.017 


1860 
1870 
1880 
1S90 
1900 
1910 
1911 


15.29 
15.57 
18.05 
19.75 
33.33 
38.22 
38.33 


1.045 
1.027 
.886 
.809 
.479 
.418 
.417 



TABLE X. BANKING INSTITUTIONS AND THEIR CAPITAL (1870—1910) 





Number 


Capital, Including Surplus, 
(Millions) 


Year 


National 
Banks 


State 
Banks 

325 

551 

620 

975 

2,101 

3,774 

4,369 

7.794 

12,166 


Trust 
Companies 


Private 
Banks 


National 
Banks 


State 
Banks 

$86.5 
75.8 
109.6 
156.0 
240.6 
324.5 
328.4 
534.2 
435.8 


Trust 
Companies 

$28~8~ 

24.7 
37.1 
105.2 
173.1 
239.5 
524.4 
700.0 


Private 
Banks 


1870 


1,612 
2,076 
2,076 
2,689 
3,484 
3,715 
3,732 
5,668 
7,145 


$518,9 
634.7 
574.0 
672.8 
854.6 
906.0 
877.7 
1,205.0 
1,634.5 




1875 


35 

30 
40 
149 
242 
290 
683 
1,091 






1880 
1885 


•2,802 


! $76.1 


1890 
1895 
1900 
1905 
1910 


1,344 
1,070 

989 
1,028 

934 


50.5 
40.4 
22.5 
29.4 

18.9 



TABLE XL NATIONAL BANKS (1863—1912) 



Year 1 


Number of 


Capital and 
Surplus 

{Millions) 


Loans 


Deposits 


U. S. Bonds 


, Circulation 


Banks 


(Millions) 


(Millions) 


Held 
(Millions) 

5.6 

108.0 


(Millions) 


1863 


66 

508 


7.2 
88.8 


5.4 
93.2 


9.5 

157.0 




1864 


45.2 


1865 


1,517 


431.9 


487.2 


723.3 


427.7 


171.3 


1866 


1,644 


469.8 


603.3 


735.5 


426.8 


280.2 


1867 


1,642 


486.7 


609.7 


6S0.9 


418.9 


293.9 


1868 


1,643 


498.6 


657.6 


726.2 


416.6 


295.7 


1869 


1,617 


513.5 


682.9 


641.9 


384.1 


293.6 


1870 


1,615 


524.4 


715.9 


642.8 


378.5 


291.8 


1871 


1,767 


559.4 


831.5 


798.7 


410.3 


315.5 


1872 


1,919 


589.9 


877.2 


769.5 


409.6 


333.5 


1873 


1,976 


611.4 


944.2 


811.6 


411.9 


339.1 


1874 


2,004 


622.7 


954.4 


856.1 


411.2 


333.2 


1875 


2,088 


639.2 


984.7 


855.1 


39S.4 


318.3 


1876 


2,089 


632.0 


931.3 


842.1 


385.6 


591.5 


1877 


2,080 


602.2 


891.9 


788.4 


3S1.8 


291.9 


1878 


2,053 


583.0 


S34.0 


830.3 


442.3 


301.9 


1879 


2,048 


568.8 


878.5 


935.4 


428.4 


313.8 


1880 


2,090 


578.1 


1,041.0 


1,152.3 


401.4 


317.3 


1881 


2,132 


591,9 


1.173.8 


1,378.0 


419.8 


320.2 


1882 


2,269 


615.1 


1,243.2 


1,394.8 


395.0 


314.7 


1883 


2,501 


651.7 


1,309.2 


1,334.0 


382.0 


310.5 


1884 


2,664 


671.3 


1,245.3 


1,235.7 


357.8 


289.8 


. 1885 


2,714 


674.1 


1.306.1 


1.416.3 


339.4 


268.8 


1886 


2,852 


705.4 


1,450.9 


1,498.1 


290.9 


228.7 


1887 


3,049 


752.4 


1,587.5 


1,604.3 


223.7 


167.3 


1888 


3,140 


778.1 


1,684.2 


1.782.1 


232.6 


151.7 


1889 


3,290 


810.1 


1,817.2 


1,947.3 


194.9 


128.4 


1890 


3,540 


864.0 


1,986.0 


2.020.6 


170.6 


122.9 


1891 


3,677 


895.0 


2,005.4 


2,039.1 


175.9 


131.3 


1892 


3,773 


925.4 


2,171.0 


2,309.9 


183.4 


143.4 


1893 


3,781 


924.3 


1,843.6 


1,814.7 


224.0 


182.9 


1894 


3,755 


914.0 


2,007.1 


2,269.0 


225.5 


172.3 


1895 


3,712 


903.6 


2,059.4 


2,210.1 


234.8 


182.5 


1896 


3,676 


896.2 


1,893.2 


2,028.1 


262.4 


209.9 


1897 


3,610 


877.8 


2,066.8 


2,515.2 


259.9 


198.9 


1898 


3,585 


869.1 


2,172.5 


2,804.9 


339.1 


194.5 


1899 


3,595 


854.2 


2,516.0 


3,458.4 


329.9 


200.3 


1900 


3,871 


892.1 


2,709.9 


3,698.6 


408.7 


283.9 


1901 


4,221 


934.9 


3,051.7 


4,229.8 


444.4 


323.8 


1902 . 


4,601 


1,031.9 


3,314.2 


4,533.5 


456.9 


318.0 


1903 


5,002 


1,124.1 


3,508.6 


4,532.4 


522.7 


375.0 


1904 


5,412 


1,177.2 


3.757.9 


5,130.2 


540.2 


411.2 


1905 


5,833 


1,229.1 


4,071.2 


5,554.8 


561.8 


485.5 


1906 


6,137 


1.325.3 


4,331.4 


5,896.7 


628.8 


517.9 


1907 


6,544 


1,444.7 


4,709.0 


6,075.5 


660.3 


551.9 


1908 


6,853 


1.487.0 


4.781.5 


6,616.1 


717.1 


613.7 


1909 


6,977 


1,542.6 


5,158.4 


7.077.4 


731.0 


658.0 


1910 


7,372 


1,605.1 


5,467.2 


7,140.0 


740.6 


674.8 


1911 


. 7,301 
7,372 


1,695.4 

1,727.5 


5,402.6 
5.810.4 




766.2 

778.1 


697 


1912 




708.7 



1 Figures are given for the date nearest October 1. 

13 



FINANCIAL STATISTICS 



TABLE XII. TRANSACTIONS OF THE NEW YORK CLEARING HOUSE (1855—1912) 

(Millions) 







Balances 


Percentage 






Balances 


Percentage 


Year 


Clearings 


Paid in 


of Balances 


Year 


Clearings 


Paid in 


of Balances 






Money 


to Clearings 






Money 


to Clearings 


1855 


$5,363 


$290 


5.4 


1890 


37,661 


1,753 


4.7 


1860 


7,231 


381 


5.3 


1895 


28,264 


1,897 


6.7 


1865 


26,032 


1,036 


4.0 


1j00 


51,965 


2,730 


5.3 


1870 


27,805 


1,036 


3.7 


1L05 


91,8*9 


3,954 


4.3 


1875 


25,061 


1,409 


5.6 


mo 


102,554 


4,195 


4.1 


1880 


37,182 


1,517 


4.1 


1911 


£4,420 


4,383 


4.7 


1885 


25,251 


1,295 


5.1 


1912 


96,672 


5,051 


5.2 



TABLE XIII. AVAILABLE FUNDS IN THE TREASURY OF THE UNITED STATES (1865—1912) 

(Millions) 



Year 


In Treasury 


In Depository 


Total 


Number of 


Offices 


Banks 


Depository Banks 


1865 


$2.4 


$24.1 


$26.4 


330 


1866 


78.4 


34.1 


112.5 


382 


1867 


135.3 


25.9 


161.2 


385 


1868 


92.4 


22.8 


115.1 


370 


1869 


117.9 


8.6 


126.5 


276 


1870 


105.3 


8.2 


113.5 


148 


1871 


84.8 


6.9 


91.7 


159 


1872 


61.9 


12.5 


74.4 


163 


1873 


52.5 


7.2 


59.8 


153 


1874 


64.7 


7.4 


72.2 


154 


1875 


51.7 


11.6 


63.3 


145 


1876 


51.4 


7.5 


58.9 


143 


1877 


84.4 


7.2 


91.7 


145 


1878 


130.6 


46.9 


177.5 


124 


1879 


159.0 


208.0 


367.1 


127 


1880 


160.5 


7.8 


168.3 


131 


1881 


174.0 


8.7 


182.7 


130 


1882 


152.9 


9.4 


162.3 


134 


1883 


151.6 


9.8 


161.4 


140 


1884 


154.6 


10.5 


165.0 


135 


1885 


171.9 


10.8 


182.6 


132 


1886 


218.3 


13.8 


232.1 


160 


1887 


188.6 


19.0 


207.6 


200 


1888 


189.4 


54.7 


244.1 


290 


1889 


167.6 


43.1 


210.7 


270 


1890 


164.1 


26.8 


190.8 


205 


1891 


135.4 


21.4 


156.8 


185 


1892 


118.7 


10.5 


129.2 


159 


1893 


114.9 


10.0 


124.8 


160 


1894 


108.5 


10.4 


118.9 


155 


1895 


185.4 


11.0 


196.3 


160 


1896 


258.2 


11.4 


269.6 


160 


1897 


232.3 


12.6 


244.5 


168 


1898 


175.4 


33.8 


209.3 


172 


1899 


202.5 


72.4 


274.8 


357 


1900 


64.2 i 


92.6 


156.8 


442 


1901 


85.0 


93.4 


178.4 


448 


1902 


95.0 


117.1 


212.2 


577 


1903 


98.7 


140.0 


238.7 


713 


1904 


69.8 


102.3 


172.1 


842 


1905 


80.7 


64.8 


145.5 


837 


1906 


100.0 


80.7 


180.7 


928 


1907 


105.3 


166.8 


272.1 


1,255 


1908 


57.5 


147.7 


245.2 


1,436 


1909 


65.9 


60.4 


126.4 


1,414 


1910 


66.3 


40.6 


106.9 


1,380 


1911 


104.1 


36.0 


140.2 


1,362 


1912 


129.2 


37.9 


167.2 


1,352 



x By act of March 14, 1900, a reserve fund of $150,000,000 was set aside for the redemption of 
U. S. notes, and not included henceforth in "available" balance. 

TABLE XIV. PUBLIC INDEBTEDNESS (1870-1902) 
(Millions) 



Year 



1870 



1890 
1902 



National 
Government 



Total 



$2,331 
1,919 - 
852 
925 



Per 
Capita 



$60.46 
38.27 
13.60 
11.77 



States and 
Territories 



Total 



$353 
275 
211 
235 



Per 

Capita 



$9.15 
5.48 
3.37 
2.99 




FINANCIAL STATISTICS 

TABLE XV. NATIONAL DEBT (1800—1910) 

(Millions) 





Total (Less 


Per 
Capita 


Interest- 


Annual 


Interest 


Year 


Cash in 


Bearing 


Interest 


Per 




Treasury) 


Debt 


Charge 


Capita 


1800 


$83.0 


$15.63 


$83.0 


$3.4 


$0.64 


1810 


53.2 


7.34 


53.2 


3.2 


.44 


1820 


91.0 


9.44 


91.0 


5.2 


.53 


1830 


48.6 


3.77 


48.6 


1.9 


.15 


1840 


3.6 


.21 


3.6 


.2 


.01 


1850 


63.5 


2.74 


63.5 


3.8 


.16 


1860 


60.0 


1.91 


64.6 


3.4 


.11 


1870 


2,331.2 


60.46 


2,046.5 


118.8 


3.08 


1880 


1,919.3 


38.27 


1,724.0 


79.6 


1.59 


1890 


890.8 


14.15 


725.3 


29.4 


.47 


1900 


1,107.7 


14.58 


1,023.5 


33.5 


.44 


1910 


1.046.4 


11.35 


913.3 


21.3 


.23 



TABLE XVI. CHANGES IN NATIONAL DEBT (1860— 1912) ] 
(Millions) 





Receipts from 


Redemption of 


Total Debt 


Year 


Issue of Bonds and 


Bonds and Other 


Less Cash in 




Other Securities 


Securities 


Treasury 


1860 


$20.8 


$13.9 


$60.6 


1861 


41.9 


18.7 


87.7 


1862 


529.8 


96.1 


505.3 


1863 


775.2 


179.0 


1,111.4 


1864 


1,088.2 


388.0 


1,709.5 


1865 


1,474.5 


607.2 


2,674.8 


1866 


612.3 


530.3 


2,636.0 


1867 


486.7 


586.9 


2,508.2 


1868 


544.4 


610.5 


2,480.9 


1869 


101.4 


140.4 


2,432.8 


1870 


31.6 


156.8 


2,331.2 


1871 


91.6 


216.7 


2,247.0 


1872 


173.7 


292.8 


2,149.8 


1873 


38.7 


101.7 


2,105.5 


1874 


183.2 


177.8 


2,104.1 


1875 


133.1 


151.2 


2.090.0 


1876 


133.2 


166.1 


2,060.9 


1877 


141.3 


151.2 


2,109.3 


1878 


198.9 


144.0 


1,999.4 


1879 


619.1 


479.9 


1,996.4 


1880 


73.1 


283.2 


1,919.3 


1881 


.7 


87.2 


1,819.7 


1882 


.2 


166.5 


1,675.0 


1883 


304.4 


438.4 


1,538.8 


1884 


1.4 


101.3 


1,438.5 


1885 


.1 


46.0 


1,375.4 


1886 




44.6 


1,282.1 


1887 




128.0 


1,175.2 


1888 




83.1 


1,063.0 


1889 




138.6 


975.9 


1890 




125.0 


890.8 


1891 




111.4 


851.9 


1892 




24.3 


841.5 


1893 




.7 


839.0 


1894 


~T8~6 


.3 


899.3 


1895 


92.5 


2.5 


901.7 


1896 


142.3 


7.3 


855.3 


1897 




11.4 


986.7 


1898 





29.9 


1,027.1 


1899 


199.2 


14.6 


1,155.3 


1900 


.1 


55.9 


1,107.7 


1901 




50.8 


1,044.7 


1902 




70.3 


969.5 


1903 


1~5 


27.5 


925.0 


1904 


.5 


19.9 


967.2 


1905 




.6 


989.9 


1906 


" ~5 


1.7 


964.4 


1907 


32.7 


30.6 


878.6 


1908 


25.4 


34.4 


983.8 


1909 


30.7 


15.4 


1,023.9 


1910 




.8 


1.046.4 


1911 


"l8"I 


.2 


1,015.8 


1912 


33.6 


to 


1,027.6 



1 Includes premiums both on receipts and disbursements. 

15 



TABLE XVII. 



FINANCIAL STATISTICS 

UNITED STATES BONDS OUTSTANDING, AND AMOUNT DEPOSITED FOR 
BANK CIRCULATION (1880-1912) 

(Millions) 



Year 


Outstanding 


Deposited 


Percentage 
Deposited 


Year 


Outstanding 


Deposited 


Percentage 
Deposited 


1880 


$1,774.6 


$361.7 


20.3 


1897 


$912.0 


$230.5 


$25.2 


1881 


1,690.2 


360.5 


21.3 


1898 


861.4 


220.2 


25.5 


1882 


1,514.4 


360.7 


23.8 


1899 


1,046.0 


229.7 


21.9- 


1883 


1,388.9 


356.6 


25.0 


1900 


1,023.5 


284.4 


27.8 


1884 


1,277.2 


334.1 


26.1 


1901 


987.1 


326.1 


33.0 


1885 


1,246.8 


312.1 


25.0 


1902 


931.1 


317.0 


34.0 


1886 


1,196.6 


276.0 


23.0 


1903 


914.5 


375.1 


41.0 


1887 


1,072.3 


192.0 


17.9 


1904 


895.2 


416.0 


46.4 


1888 


1,001.1 


178.3 


17.8 


1905 


895.2 


468.1 


52.2 


1889 


880.5 


148.1 


16.8 


1906 


895.2 


520.6 


58.1 


1890 


775.9 


145.2 


18.7 


1907 


894.8 


558.4 


62.4 


1891 


675.2 


142.5 


21.1 


190S 


897.5 


628.2 


69.9 


1892 


649.7 


163.2 


25.1 


1909 


913.3 


660.8 


72.3 


1893 


649.7 


176.6 


27.1 


1910 


913.3 


687.0 


75.2 


1894 


699.7 


201.7 


28.8 


1911 


915.4 


698.5 


76.3 


1895 


780.8 


207.7 


26.5 


1912 


963.8 


724.5 


75.2 


1896 


912.0 


228.9 


25.1 











TABLE XVIII. RECEIPTS AND EXPENDITURES OP THE FEDERAL GOVERNMENT 

(1860— 1912) i 

(Millions) 



Year 



1860 

1861 

1862 

1863 

1864 

1865 

1866 

1867 

1868 

1869 

1870 

1871 

1872 

1873 

1874 

1875 

1876 

1877 

1878 

1879 

1880 

1881 

1882 

1883 

1884 

1885 

1886 

1887 

1888 

1889 

1890 

1891 

1892 

1893 

1894 

1895 

1896 

1897 

1898 

1899 

1900 

1901 

1902 

1903 

1904 

1905 

1906 

1907 

1908 

1909 

1910 

1911 

1912 



Ordinary- 


Ordinary 


Receipts 


Expenditures 


$56.1 


$63.2 


41.5 


66.7 


51.9 


469.6 


112.1 


718.7 


243.4 


865.0 


322.0 


1,295.1 


519.9 


519.0 


462.8 


346.7 


376.4 


370.3 


357.2 


321.2 


396.0 


293.7 


374.4 


283.2 


364.7 


270.6 


322.2 


285.2 


299.9 


301.2 


284.0 


274.6 


290.1 


165.1 


281.0 


241.3 


257.4 


237.0 


272.3 


266.9 


333.5 


264.8 


360.8 


259.7 


403.5 


258.0 


398.3 


265.4 


348.5 


244.1 


323.7 


260.2 


336.4 


242.5 


371.4 


267.9 


379.3 


259.7 


387.1 


282.0 


403.1 


297.7 


392.6 


355.4 


354.9 


345.0 


385.8 


383.5 


297.7 • 


367.5 


313.4 


356.2 


327.0 


352.2 


347.7 


365.8 


405.3 


443.4 


516.0 


605.1 


567.2 


487.7 


587.7 


510.0 


562.5 


471.2 


560.4 


506.1 


539.7 


532.2 


544.6 


563.4 


594.7 


549.4 


663.1 


551.7 


601.1 


621.1 


603.6 


662.3 


675.5 


659.7 


701.4 


654.1 


691.8 


634.6 



Excess of Receipts 


Excess of Expend- 


over Expenditures 


itures over Receipts 




$7.1 




25.1 




422.8 




602.6 




321.9 




973.8 


.1 




116.1 




6.1 




36.0 




102.3 




91.3 




94.1 




36.9 






1.3 


9.4 




25.0 





39.7 





20.5 




5.4 




68.7 




101.1 




145.5 




132.9 




104.4 




63.5 




94.0 




103.5 




119.6 




105.1 




105.3 




37.2 





9.9 





2.3 






69.8 




42.8 




25.2 




18.1 




38.0 




89.5 


79.5 




77.7 




91.3 




54.3 




7.5 






18.8 


45.3 




111.4 






20.0 




58.7 


15.8 




47.3 




37.2 


| 



lOrdinarv receipts include receipts from customs, internal revenue, sale of public lands and 
miscellanSuI; ^S^^di^nndude disbursements for war navy Indians pensions, inter- 
est on debt, and miscellaneous. Neither includes loans, premiums, or postal accounts. 

1G 



FINES AND FORFEITURES— FINES AS SOURCES OF REVENUE 



TABLE XIX. VALUE OF ALL PROPERTY IN THE UNITED STATES (1850—1904) 

(Millions) 



Year 


Taxable 


Exempt 


Total 


Per Capita 


1850 


$7,136 






$308 2 


1860 


16,160 






514 2 


1870 


24,055 






624 2 


1880 







$43,642 


870 


1890 


61,204 


$3,833 


65.037 


1,036 


1900 


82,305 


6,213 


88,517 


1,165 


1904 


100,273 


6,831 


107,104 


1,318 



^•For methods of estimating national wealth at different dates, se3 United States Census Bureau, 
Special Report, Wealth, Debt and Taxation (1907), 27. 
2 Taxable property only. 



See Assessed Valuations, Comparative; 
Banks and Banking Acts, National; Coin- 
age and Specie Currency; Cost of Govern- 
ment in the United States; Debt, Public, 
Administration of; Duty on Imports, Aver- 
age Rate of; Expenditures, Federal; Public 
Accounts; Statistics, Official Collection 
of; Tariff Statistics. 

References: Financial statistics must be 
sought for in current public documents, espec- 
ially Statistical Abstract of the U. S., in which 
(annual), use tables on "Progress of the U. 
S.," and index; U. S. Secy, of the Treasury, 
U. S. Comptroller of the Currency, U. S. Direc- 
tor of Mint, and U. S. Commissioner of In- 
ternal Revenue, Annual Reports in Finance Re- 
port; A. Piatt Andrew, Statistics for the U. 
S. 1867-1909 (issued by National Monetary 
Commission, 1910), with supplement, Finan- 
cial Diagrams (1910); U. S. Census Bureau, 
Special Report on Wealth, Debt and Taxation 
(1909) ; Statistics of Cities (annual) ; D. R. 
Dewey, Financial Hist, of the U. S., tables and 
charts. Davis R. Dewey. 

FINES AND FORFEITURES. As a punish- 
ment for a crime committed of which the ac- 
cused has been duly convicted he may be re- 
quired to pay a penalty in money into the 
public treasury (or into some specified public 
fund such as the school fund) ; or property 
which he has acquired as the result of his 
crime or which has been used by him in the 
perpetration of the crime may become forfeited 
to the government. In this sense fines and 
forfeitures are simply forms of criminal pun- 
ishment. In a more general sense a fine is a 
penalty for failing to perform an act which it 
is one's duty to perform and for the nonper- 
formance of which he has undertaken to pay 
such penalty, as where the members of an as- 
sociation are by its articles or by-laws obligat- 
ed to pay an additional sum of money on 
account of delinquency in the payment of 
specified dues. The term forfeiture is also 
used in a quite general sense to signify a sur- 
render of property or property rights on fail- 
ure to comply with some agreed condition. In 
either case the obligation is enforceable by 
legal proceedings. 

In many of the constitutions (see U. S. 
Const., Amend. VIII) are prohibitions against 



17 



imposition of excessive fines by way of criminal 
punishment, such a prohibition being found in 
the English Bill of Rights (1689). As a con- 
stitutional guaranty this provision is of slight 
significance, as the discretion of the legisla- 
tive and judicial departments in providing the 
amount of the fine which may be imposed for 
any particular class of crimes and the amount 
to be paid in any particular case within the 
limit provided by law can not very well be 
inquired into (see Cruel and Unusual Pun^ 

ISHMENTS). 

The forfeitures which resulted in England 
from conviction for a felony or might be im- 
posed by bills of attainder are not recognized 
under our constitutional system. There is a 
specific provision in the Federal Constitution 
(Art. Ill, Sec. iii, Tf 2) that no attainder of 
treason shall work corruption of blood or for- 
feiture except during the life of the person 
attainted, the object being to prevent the sins 
of the father in this respect being visited on 
the son. In accordance with this constitutional 
declaration the Confiscation Acts of 1861 pro- 
vided that forfeiture of real estate thus con- 
fiscated should not extend beyond the natural 
life of the offender. 

See Attainder, Bill of; Confiscation 
Acts. 

References: Cooper vs. Telfair, 4 Dallas 14; 
Ex parte Garland, 4 Wallace 333; Cummings 
vs. Missouri, 4 Wallace 277. E. McC. 

FINES AS SOURCES OF REVENUE. Fines 
and pecuniary penalties are revenues collected 
under the penal rather than the fiscal power 
of a government. In modern practice they are 
the inheritance of the crude financial systems 
of the middle ages; not only were governments 
often at a loss to secure revenue by orderly 
methods of taxation, but there were few penal 
institutions in which offenders against the law 
could be imprisoned. For punishment for 
which capital punishment or physical pain ap- 
peared too severe, it was common to provide 
elaborate schedules of monetary payments or 
penalties. 

Such practices have been retained in certain 
branches of legal and judicial procedure; they 
are applied, for example, in case of infraction 
of the customs laws, as for smuggling, buying 
goods known to have been smuggled, making 






FIRE DEPARTMENTS— FIRE PROTECTION 



a false invoice, or concealing or destroying an 
invoice; of the internal revenue laws, for carry- 
ing on business of distilling without payment 
of tax; for failing to give bonds; for obstruct- 
ing public officers; for distilling during for- 
bidden hours, etc. 

Statistics as to the exact amount of a federal 
revenue collected by fines are unsatisfactory, 
as these receipts in current finance reports are 
classed with fees. During the three years 
1909-11, the amount collected for fines, for- 
feitures and penalties in the customs receipts 
greatly increased. Between 1894 and 1908 the 
average was only $62,000 a year; but in the 
next three years, 1909-1911, it averaged 
$2,100,000 a year. 

In local government fines are frequently 
used as punishment for petty delinquencies, as 
for drunkenness or failure to obey civil and 
criminal laws and local ordinances. Under 
this head are included penalties collected be- 
cause taxpayers fail to meet their taxes within 
the time required by law, fines collected by 
criminal courts; forfeitures in criminal and 
civil transactions, such as forfeits on criminal 
bonds or contractors' bonds. In 1908 the pen- 
alties collected on the non-payment of the 
general property tax, in cities of 30,000 popula- 
tion or over, was $2,643,000, as compared with 
$377,341,000 collected on original levies. From 
fines and forfeits these same municipalities 
received $3,894,000. The largest part of this 
latter sum was derived from fines imposed by 
courts, and forfeits of deposits for appearance 
in courts. 

See Revenue, Public, Sources of; Sugar 
Frauds. 

References: E. R. A. Seligman, Essays in 
Taxation (2d ed., 1897), 268; C. F. Bastable, 
Public Finance (2d ed., 1895), 154; Commis- 
sioner of Internal Revenue, Annual Report; 
Census Bureau, Special Report, Wealth, Debt, 
and Taxation (1909), consult index. 

Davis R. Dewey. 

FIRE DEPARTMENTS. It is estimated 
that over $200,000,000 is expended annually 
in the United States for the equipment and 
maintenance of fire departments. Such de- 
partments are usually classified as "volunteer," 
"partly paid," or "fully paid." (1) Volunteer 
departments consist of mechanics, and other la- 
borers, who, when the alarm is sounded, drop 
their regular work and proceed to the fire ; and 
either give their services gratuitously, or are 
paid by donations or by the hour while on 
service. (2) Partly paid departments are those 
where a limited number, such as the driver and 
engineer (where there is an engine) are paid 
so that they may devote their full time to the 
service, the other members, however, with the 
exception of a limited few, being volunteers or 
"call men" who are paid by the hour while 
on duty. (3) Fully paid departments are those 
where the entire force consists of men constant- 



ly on duty, who sleep in the engine house, and 
whose one business is fire fighting. 

According to some of the leading fire rating 
schedules of the country, such as the Dean 
schedule, cities and towns are divided into 
seven classes, in accordance with the degree of 
efficiency of the fire department and the rates 
are fixed accordingly. Some schedules, how- 
ever, such as the universal mercantile schedule, 
itemize the good and bad features of the 
particular fire department under consideration, 
and make deductions from or additions to the 
basis rate which is applicable to all properties 
in the town. 

See Fire Limits; Fire Protection; Insur- 
ance, Legal Basis and Regulation of. 

References: W. D. Matthews, Manual of 
Inspections (1902) ; City Fire Departments, 
Reports. S. S. Huebner. 

FIRE-EATERS. A term applied in the ante- 
bellum days to the radical uncompromising 
pro-slavery advocates in the South, whose an- 
tagonism against the North and eagerness on 
every occasion to take up the gauntlet to 
further the cause of slavery went far toward 
making the war inevitable. Also at a later 
day to violent extremists, particularly if from 
the South. O. C. H. 

FIRE LIMITS. A fire limit ordinance may 
be defined as a "law passed by a city council 
defining the boundaries of territory (usually 
including the principal business district) in 
which only certain kinds of buildings may be 
constructed." The purpose of such ordinances 
is to prohibit the construction of frame build- 
ings, and to regulate the construction of build- 
ings which exceed a certain height, with a view 
to preventing the spread of fires. A joint 
committee of the senate and assembly of New 
York, in 1911, gave hearty endorsement to a 
law which will require the insurance companies 
to report their amounts at risk in the con- 
gested value districts in large cities, so that 
the public may have exact knowledge as to the 
manner in which the various companies con- 
duct their underwriting operations. See Fire 
Departments; Fire Protection; Insurance, 
Legal Basis and Regulation of. S. S. H. 

FIRE PROTECTION. Fire losses in the 
United States far exceed those of any other 
civilized nation, and amount annually to ap- 
proximately $200,000,000. In proportion to 
insurable values it has been computed that our 
national fire waste is from six to twenty times 
that of any European nation; and that in a 
normal year our per capita destruction of prop- 
erty by fire exceeds $2.50 as compared with 
only 33 cents in the six leading cities of 
Europe. This appalling waste is traceable to 
a number of factors, such as the common use 
of wood for the construction of walls, floors 
and roofs; the limited amount of fireproof 



18 



FIRE PROTECTION 



construction; absence of precaution against 
fire in non-fireproof risks; congestion of busi- 
ness sections in our large cities, and the ab- 
sence, late adoption, or poor enforcement of 
efficient municipal building regulations. Fire 
prevention is a much greater issue today than 
is insurance against fire. 

Protection Against the Spread of Fire. — To 
reduce the nation's fire waste two main lines 
of effort can be pursued: (1) to prevent 
the spread of fire; (2) to prevent the 
origin of fire. From the standpoint of con- 
struction it is customary to classify buildings 
as "ordinary," "slow burning," or "mill con- 
struction," "semi-fireproof," and "fireproof." 
The slow burning building is so constructed as 
to make the floors at least three inches in 
thickness with a view to separating the stories 
of the building in such a manner that a fire in 
combustible material will, under ordinary cir- 
cumstances, require at least one or two hours 
to burn through the flooring. A fireproof 
building, on the other hand, is constructed with 
a view to isolating each floor from those below 
or above it so effectively that the contents on 
any floor may be consumed without the fire 
being able to communicate with other parts 
of the building. To meet this requirement, the 
building should be of steel cage construction, 
all its structural members should be properly 
insulated, all stairways and elevators should 
be encased in fireproof shafts; and all the 
tiers of windows should be fitted with wire 
glass in fireproof frames. Semi-fireproof build- 
ings, while constructed of non-inflammable ma- 
terials, differ from fireproof buildings in that 
their structural members are not properly in- 
sulated against heat. 

As has been well said, "Every fireproof 
structure built among combustible buildings 
might be regarded as a policeman standing be- 
tween belligerents threatening to destroy each 
other." While existing buildings cannot be 
torn down or reconstructed, instant results can 
be obtained by the adoption and rigid enforce- 
ment of statutes and ordinances which will 
serve: (1) to prescribe the type of building 
construction permitted within certain city lim- 
its, and regulate the equipment of such build- 
ings with fire windows, shutters and doors, 
with fire extinguishing facilities, with proper 
electrical fittings, etc.; (2) to regulate the 
planning of new buildings as regards fire 
service tanks, boilers, elevator and other floor 
communication, the localization of dangerous 
processes, and the subdivision of the property 
into separate fire areas; (3) to supervise the 
storage and sale of highly combustible ma- 
terials; (4) to maintain inspection sufficiently 
frequent to assure the proper observance of 
the law on the part of the property owners. 

Agencies for Improvement. — Probably no 
agencies are doing more to improve conditions 
in the construction of buildings tlian the Na- 
tional Fire Protection Association and the Na- 



tional Board of Fire Underwriters. The first 
of these associations formulates rules and 
standards through its various special commit- 
tees for the guidance of inspectors, and in its 
publications makes this information available 
to architects, builders and property owners. 
Laboratories are also maintained by this as- 
sociation for the purpose of verifying by 
proper tests the merits of fire protection facili- 
ties and building materials, as claimed by their 
inventors. The last named organization has 
prepared a model building code, already adopt- 
ed by a number of municipalities, copies of 
which are freely distributed to the officers of 
our cities. Its expert fire protection engineers 
also visit the leading cities of the country 
periodically, with a view to studying and re- 
porting on the conflagration hazard. 

Mention should also be made of private ef- 
forts along this line, such as the work of the 
Factory Mutuals. The insurance companies, 
likewise, through the application of the sched- 
ule system of rating, exert a very wholesome 
influence. By computing the rate according 
to an elaborate system of specific additions 
for defects or deductions for specially good 
features, instead of quoting the rate in a 
single lump sum, the insured is enabled to see 
just how certain changes in construction, or 
management, will give him a lower rate. This 
direct appeal to the pocket book operates not 
only to improve existing risks, but leads to 
the better construction of new risks, most of 
which are now planned with reference to the 
advantages in fire insurance rates resulting 
from improvements suggested by the rating 
systems of the several fire underwriters' as- 
sociations. 

FIRE LOSS PER CAPITA 



Year 


Total Loss 


Per Capita Loss 


1875 


$78,102,285 
74,643,400 
102,818,796 


$1.77 
148 


1880 . 


1885 


1.83 


1890 


108,993,792 


1.73 


1895 


142,110,233 


2.06 


1900 


160,929,805 


2.24 


1905 


165,221,650 


1.96 


1906 


518,611,800 


6.05 


1907 


215,084,709 


2.46 


1908 


217,885,850 


2.44 


1909 


188,705,150 


2.08 


1910 


214,003,300 


2.32 


1911 — 


217,004,575 


2 31 







Protection Against the Outbreak of Fires — 
But the fire waste of the country, especially 
that of initial fires, may be much further re- 
duced by equipping buildings with fire extin- 
guishing facilities in proportion to area and 
height, and with due regard to the fire hazard 
involved. Such facilities are standpipes with 
Siamese connections, fire pails, post hydrants, 
public and private fire departments, station- 
ary steam fire pumps, chemical extinguishers, 
public and private waterworks systems, sta- 
tionary or portable clock systems, automatic 
sprinkler systems and electrical notification 



19 



FIRST INSTANCE, COURT OF— FISH COMMISSIONS 



By far the most important of these several 
devices, especially as regards factory and mer- 
cantile risks, is the automatic sprinkler, which 
"without the assistance of human effort will 
discharge water almost simultaneously with 
the outbreak of the fire, will apply the water 
locally in the very spot where combustion is 
taking place, will distribute the discharge of 
water in such a manner as to accomplish the 
greatest good with the least amount of water, 
and will give immediate notice of the existence 
of a fire." It consists of an arrangement of 
pipes spread under all ceilings in all parts 
of a building and equipped with a sprinkler 
for each 75 or 80 square feet of floor area. 
The system of pipes is supplied automatically 
with water from elevated tanks, pumps or 
city connections. Each sprinkler head is kept 
closed with fusible solder, the melting point 
of which is adjusted to vary from 165° to 360° 
according to the nature of the risk. In case 
of fire the resulting rise in temperature will 
melt the fusible metal, thus opening the sprink- 
ler and automatically permitting the discharge 
of a fine spray of water at the rate of about 
30 gallons per minute at 30 pounds pressure. 
To prevent unnecessary water damage, the 
sprinkler system also contains an automatic 
alarm valve so constructed that the flow of 
water in the pipes will operate an electrical 
or mechanical gong at the desired points. 

The remarkable efficacy of the automatic 
sprinkler is demonstrated by the experience 
of the Factory Mutuals; although they insure 
the most hazardous type of risks, the rate 
on woolen mills, for example, largely through 
the improvement of fire prevention methods, 
has been reduced from an average rate rang- 
ing from $1 to $2 per $100 of insurance to 
about four cents. The records (extending over 
a period of twelve years) of 8,942 fires, in 
risks equipped with sprinklers, shows that in 
nearly 6,000 cases the fire was extinguished by 
the sprinklers unassisted; and that in less 
than six per cent of the fires did the system 
prove ineffective. , So large is the reduction 
in the fire insurance rates (varying from 30 
to 75 per cent of the premium) granted by in- 
surance companies to property owners who 
will instal a sprinkler service, that the saving 
in premiums alone will often return the entire 
cost of the sprinkler system within a period 
of three years. In general the adoption of the 
less costly forms of fire extinguishing facili- 
ties constitutes a good investment. There is 
also the elimination of the loss of time and 
demoralization of business which follow every 
fire. 

See Fire Department; Fire Limits; In- 
surance, Legal Basis and Regulation of. 

References: The Joint Committee of the 
Senate and Assembly of New York, Report on 
Fire Insurance Business, February 1, 1911; 
Illinois Fire Insurance Commission, Report, 
January 4, 1911; Spectator Co., Fire Pre- 



vention and Protection (1904) ; E. W. Crosby, 
and H. A. Fiske, Hand Book of Fire Protection 
( 1909 ) ; F. C. Moore, Fire Insurance and How 
to Build (1903) ; S. S. Huebner, Property In- 
surance (1911), ch. xx ; Am. Year Book, 1911, 
254, and year by year. S. S. Huebner. 

FIRST INSTANCE, COURT OF. See 

Court of First Instance. 

FISCAL YEAR. By the fiscal year is meant 
the consecutive twelve months to which the 
financial accounts of a government apply. Un- 
til 1843 the fiscal year of the Federal Govern- 
ment ended on September 30; since that date 
it ends June 30. The reason this earlier date 
was selected was to give ample time to furnish 
estimates to the heads of departments and the 
President, for consideration before the meeting 
of Congress on the first Monday in December. 
In local government there is no uniformity in 
the fiscal year, but there is a growing tendency 
to make it conform to the calendar year. 

D. R. D. 

FISH COMMISSIONS. In nearly every 
American state there now exists a commission 
or board, appointed by the governor, and hold- 
ing office at his pleasure, which administers 
fishery affairs under authority conferred by the 
legislature. Massachusetts was the first state 
to set up a fish commission (1866). Positions 
on fish commissions are often salaried, some- 
times purely honorary, and in some cases are 
held ex officio by the governor or other elective 
officers. 

Fish commissions are often combined with 
game commissions (California, Connecticut, 
Maine, Massachusetts, Minnesota, New Jersey, 
Ohio, Washington ) , or with oyster or shellfish 
commissions (North Carolina, Texas, Vir- 
ginia). In some states (Maine) there are 
separate commissions for inland fisheries and 
for sea and shore fisheries; and in some states 
(New York, West Virginia) game and forestry 
matters are considered by the same board, 
commission, or department that is in charge 
of fisheries. 

The functions of the state fish commissions 
are to advise the executive and the legislature, 
to enforce fishery laws, to propagate and dis- 
tribute food and game fishes, to collect revenue 
from the licensing of fishery apparatus or oper- 
ations, to allot (for lease or sale) waters for 
cultivation of shellfish, and in general to pro- 
mote the local fishery interests. 

The United States Fish Commission, estab- 
lished in 1871, is the medium provided by 
Congress for dealing with the fishery matters 
which come under federal jurisdiction. Until 
1903 it was independent, the single commis- 
sioner being appointed by and reporting direct- 
ly to the President; but on the organization of 
the Department of Commerce and Labor it 
became a component, and its name was changed 



20 



FISH, HAMILTON— FISHERIES, INTERNATIONAL 



to Bureau of Fisheries. Upon the division of 
the department, in 1913, the Bureau of Fish- 
eries remained a part of the Department 
of Commerce. Its duties, successively en- 
larged by Congress, include propagation and 
distribution of food fishes and other aquatic 
animals and stocking of public and private 
waters therewith, study of the coastal and in- 
terior waters and their inhabitants in the in- 
terests of the fisheries and fish culture, collec- 
tion of statistics of the fishing industry, study 
of the methods and relations of the fisheries, 
protection of salmon, seal, and other fisheries 
of Alaska, of Alaskan fur-bearing animals, 
and of sponge fishery off the Florida coast. 

See Commissions in American Govern- 
ment; Fisheries, Relations of Government 
to. 

References: State fish commissions, Annual 
Reports; U. S. Fish Commission, Bureau of 
Fisheries, Reports (annual since 1871), Bul- 
letins (annual since 1880), including the fol- 
lowing: G. Brown Goode, Status of the U. 8. 
Fish Commission (1884), 1139-1184; Hugh M. 
Smith, U. S. Bureau of Fisheries: Its Estab- 
lishment, Functions, Organization, Resources, 
Operations, and Achievements ( 1908 ) , 1365- 
1411, pi. cxliii-clvi. Hugh M. Smith. 

FISH, HAMILTON. Hamilton Fish (1808- 
1893) was born at New York City, August 3, 
1808. In 1830 he was admitted to the bar. 
His political career began in 1834, when he was 
an unsuccessful candidate for the assembly on 
the Whig ticket. From 1843 to 1845 he was a 
member of the National House of Representa- 
tives. In 1847 he was elected lientenant-gov- 
ernor of New York for the remainder of the 
term of Addison Gardiner, resigned, and the 
next year was chosen governor. In 1851 he 
entered the United States Senate, where he 
served one term, becoming a Republican upon 
the formation of that party. His chief promi- 
nence in the Senate was due to his outspoken 
opposition to the Kansas-Nebraska Act. In 
1862 he was appointed one of the commission- 
ers to visit federal prisoners in Confederate 
prisons, and opened the wa^ for the exchange 
of prisoners later agreed upon. In 1869 he 
became Secretary of State, holding the office 
throughout Grant's administrations. His prin- 
cipal services were as a member of the joint 
high commission which negotiated the treaty 
of Washington, in 1872; and the settlement 
of the Virginius affair, in 1873, with Spain. 
He died at Glen Clyffe, N. Y., September 7, 
1893. See Republican Party; State, Depart- 
ment of. References: A. B. Gardiner, in N. 
T. Genealogical and Biographical Record, XXV 
(1894) ; W. A. Dunning, Reconstruction 
(1906) ; J. F. Rhodes, Hist, of the U. S. (1893- 
1905), VI, VII. W. MacD. 

FISHERIES, BUREAU OF. The Bureau of 
Fisheries was one of the bureaus of the 



21 



Department of Commerce and Labor (see), 
until that Department was divided (Mar. 
4, 1913) ; since then it has been a bureau 
of the Department of Commerce, and is 
under the direction of a commissioner. The 
function of the bureau is to foster the fisheries 
of the United States. The most important 
branches of the work of the bureau are the 
propagation of food-fishes and the inspection 
of certain commercial fisheries. In recent 
years, much work has been done in connection 
with the Alaska salmon and fur-seal fisheries. 
In 1912 the fisheries service extended its ac- 
tivities by means of an increased personnel, 
and with the usual inspection work and sta- 
tistical canvas of the fisheries, began import- 
ant observations looking to the development of 
the so-called minor fur resources of the terri- 
tory. The value of the furs of this character 
in 1911 was $370,579. In the states there 
has been cooperation with state fisheries 
commissions (see Fish Commissions). The 
propagation of food-fishes is carried on in 
thirty-two fish hatcheries, and ninety-two 
auxiliaries and egg-collecting stations, lo- 
cated in thirty-one states. During the year, 
1911-12, the total output of fishes and eggs 
was 3,687,535,911; and applications for fish 
for stocking purposes were received for plant- 
ing in more than 10,000 different bodies of 
water. The bureau also prosecutes biological 
inquiries and experiments for the promotion 
of scientific knowledge concerning fishes and 
marine animals. See Fisheries, Relations of 
Government to. References: Dept. of Com- 
merce and Labor, Annual Reports (1903- 
1913) ; Dept. of Co mm erce, Annual Reports. 

A. N. H. 

FISHERIES, INTERNATIONAL. The mod- 
ern doctrine of the freedom of the open or high 
seas rests neither upon an analogy to the doc- 
trines of the older Roman law, denying the 
possibility of private property in waters (this 
would negate all claims to maritime jurisdic- 
tion), nor upon the scholastic notion that the 
fluidity of water renders it unappropriable, 
and hence not an object of sovereignty (this 
by a parity of reasoning would deny any juris- 
diction over the air-space above), but upon the 
universally accepted principle of jurisdictional 
rights over the marginal seas as appurtenant 
to land. Some states have successfully urged 
claims to the land beyond the strict three-mile- 
limit (see), particularly where bays extend 
intra fauces terrae with entrances wider than 
six miles (e. g., Chesapeake and Delaware 
Bays). In the case of bays the sinuosities 
of the coast render the line of three miles in- 
convenient and difficult of determination. 
Therefore the doctrine known as the "headlands 
doctrine" (see) has found considerable favor 
in recent times, according to which a straight 
line drawn from headland to headland deter- 
mines t&e extent of territorial jurisdiction. 



FISHERIES, INTERNATIONAL 



As there is some point at which the jurisdic- 
tion of every state ends, the great waste of 
waters beyond, called the open or high seas, is 
necessarily free. The open sea is free as a 
highway and in time of peace one state may not 
interfere with the vessels of another so using it. 
The right of taking the products of the sea 
is similarly complete, although the action of 
the tribunal in the Fur Seal Arbitration of 
1893 might appear to modify it (see Seal 
Fisheries). Limitations upon the right of ap- 
propriating the products of the open sea do not 
exist in international law, but depend either 
upon the municipal laws of each state operat- 
ing upon its nationals and vessels engaged in 
such activity, or upon such treaties as set up 
a standard of duty for the signatories and their 
nationals. No state may exercise jurisdiction 
in time of peace over the open seas, except 
over its own vessels and nationals and over 
pirates jure gentium; therefore no rights of 
exclusive territorial maritime jurisdiction anal- 
ogous to that over the maritime belt can be 
acquired either by prescription or otherwise. 
An exception apparent rather than real exists 
in the case of the pearl-fisheries of Ceylon and 
the Persian Gulf, long protected by Great Brit- 
ain without international protest. These fish- 
eries, found in shallow waters, are really ap- 
purtenant to the land though partly beyond 
the three-mile-limit. 

A state by its own regulations may police 
the high-sea fisheries but only as to its own 
nationals and vessels. States by treaty may 
regulate fisheries beyond their maritime terri- 
torial limits, but such engagements are not 
binding upon states other than the signatories. 
Great Britain, Belgium, Denmark, France, Ger- 
many, and the Netherlands signed a conven- 
tion at the Hague in 1882, for the policing 
of the North Sea fisheries. This convention, 
which set out with minuteness the limits of 
the ocean within which it was to be effective, 
provided a code for the regulation of vessels 
of the signatories engaged in these fisheries, 
including the time and manner of fishing, in- 
terference by one vessel with another, and giv- 
ing force to such provisions by conceding a 
mutual right of visitation, search, and arrest 
to the public vessels of the signatories. Nor« 
way was not a signatory, claiming greater 
jurisdiction over its marginal seas than three 
miles, as recognized by the treaty. The same 
powers signed (France not ratifying) the 
Hague convention of 1887 for the regulation 
of the liquor -traffic in the North Sea. The 
system of police regulations set up for the 
North Sea was adopted for the open sea fish- 
eries outside the territorial waters of Iceland 
and the Faroe Islands by the convention of 
London, 1901, between Great Britain and Den- 
mark. 

A few states, e. g., Spain and Norway, still 
assert jurisdiction beyond three miles for all 
purposes including fishing, but not without 



challenge by other states. Furthermore juris- 
diction has been asserted over portions of the 
sea formerly freely used as parts of the open 
sea. These extensions of jurisdiction have not 
infrequently been for the purpose of protecting 
the shore-fisheries. Russia has attempted to 
extend her authority o\er the White Sea by 
the introduction of a twelve-mile-limit, and 
Canada has enacted fishing-regulations for 
Hudson Bay. The effect would be to make 
these waters closed seas. In 1910, Russia 
seized the British trawler Onward Ho! for fish- 
ing in the White Sea between three and twelve 
miles from the shore. Although vessel and 
crew were released, Russia did not abandon her 
claim. The seizure of a Norwegian vessel in 
Moray Firth some five miles from the shore 
for violation of Scottish fishing regulation was 
upheld by the High Court of Scotland in 1906 
(Mortensen vs. Peters, Am. Jour. Int. Law, I, 
526). The decline of shore fisheries points to 
more careful and extensive regulation, not in 
the interest of state expropriation, but for the 
conservation of its resources. Conditions under 
which fisheries flourish do not end at the 
point of three miles from shore. Extensions 
of this limit, therefore, for the conservation of 
the resources of the territorial seas are 
reasonable, though hardly to the degree at- 
tempted by the United States for the protec- 
tion of the seals when she declared Bering 
Sea to be a closed sea. Such extensions to be 
valid must be acknowledged by treaty, if not 
acquiesced in by other states as in the case 
of certain bays. 

See Bays and Gulfs ; British North Amer- 
ica, Diplomatic Relations with ; Comity, In- 
ternational and Interstate; Hague Tribu- 
nal; Halifax Commission and Award; High 
Seas; Mare Clausum; Newfoundland Fish- 
eries Dispute ; Seal Fisheries ; Territory in 
International Law; Three-Mile Limit. 

References: Grotius, De jure Belli ac Pacis 
(1625), II, c. 3, §§ 7-15; Vattel, Droit des 
Gens (1758), I, ch. xxiii; L. Oppenheim, Int. 
Law (1905), I, 333-338; J. B. Moore, Digest 
of Int. Laio (1906), I, 716-722; C de Mar- 
tens, Causes Celebres du Droit des Gens (2d ed., 
1858), I, 267-298; B. Castel, Du Principe de 
la Liberte des Mers (1900) ; D. R. Chipeliades, 
De la Liberte de la pleine Mer (1887) ; J. 
Imbart-Latour, De la Peche (1885) ; C. David, 
La Peche Maritime au point de vue interna- 
tional ( 1897 ) ; G. F. DeMartens, Recueil 
General de Traites (1808), IX, 505-563, XXII, 
562, XXXIII, 268-276; F. Lopez y Medina, 
Coleccion de Tr at ados Internacionales, Ordi- 
nances y Reglamentos de Pesca (1906); R. 
Waultrin "La Mer Blanche, est-elle une mer 
libre?" in 'Revue de Droit Int. Pub., XVIII 
(1911), 94-99; T. W. Balch, "Is Hudson's Bay 
an Open or a Closed Sea?" in Am. Jour. Int. 
Law, VI (Apr., 1912), 409-460; T. W. Fulton, 
Sovereignty of the Sea (1911). 

J. S. Reeves., 



22 



FISHERIES, RELATIONS OF GOVERNMENT TO 



FISHERIES, RELATIONS OF GOVERNMENT TO 



Federal Jurisdiction. — The Tenth Amend- 
ment to the Constitution, which reserves to 
the states the powers not delegated to the 
United States, applies with full force to the 
fisheries. The Federal Government exercises no 
direct jurisdiction over the littoral and interi- 
or fisheries except in Alaska; and legislation 
affecting the high-sea fisheries has usually in- 
volved primarily navigation and the customs. 
In many interstate and international boundary 
waters the fisheries have declined owing to 
failure of the states to enact adequate and 
uniform legislation. 

Jurisdiction over such waters for the pur- 
pose of regulating the fisheries was assumed by 
the United States for the first time in a treaty 
concluded with Great Britain on April 11, 1908, 
applicable to the entire northern boundary of 
the United States. A system of uniform and 
common international regulations for the pro- 
tection and preservation of the food fishes in 
the boundary waters of the United States and 
Canada was prepared by an international fish- 
eries commission provided for in the treaty; 
but the legislation necessary to give effect to 
the treaty has not been enacted up to the 
year 1914. 

For regulating fisheries on the high seas, 
the Government has, from time to time, en- 
acted special laws to meet particular condi- 
tions. A noteworthy case was that of the 
spring mackerel fishery, which was practically 
prohibited by an act of February 28, 1887, 
for a period of five years (1888-1892), osten- 
sibly for the protection of mackerel during the 
spawning season. It was aimed at the vessel 
fishery conducted with seines and nets, and 
exempted boats using lines and also traps 
operated from the shore; it contained no direct 
interdiction against fishing but prohibited the 
landing anywhere in the United States of mack- 
erel caught in the manner specified before the 
first day of June. A similar statute of June 
20, 1906, to regulate the sponge fishery and 
preserve the sponge grounds off the coast of 
Florida, prohibited the landing, cure, or sale 
at any place in the United States of any spong- 
es less than 4 inches in diameter and of spong- 
es taken by means of diving or diving appa- 
ratus, excepting in water more than 50 feet 
deep and between October first and May first 
of each year. The assumption of direct con- 
trol over fishing operations outside the terri- 
torial jurisdiction is seen in the act of Decem- 
ber 29, 1897, prohibiting, under heavy penal- 
ties, the hunting or killing of fur seals by 
citizens or vessels of the United States in the 
north Pacific Ocean north of the thirty-fifth 
degree of north latitude and in Bering and 
Okhotsk seas. 



23 



Alaska. — In this territory, whose fisheries 
are the most valuable in the country, the in- 
dustry is entirely under Government control. 
Protective and administrative laws passed by 
Congress are enforced by the Department of 
Commerce (through the Bureau of Fisheries) ; 
and these are supplemented by regula- 
tions issued under authority of law by the 
Secretary of Commerce. The Alaska fisheries 
are flourishing, and under existing condi- 
tions of administration the fishery resources 
may be expected to remain unimpaired for an 
indefinite period. The restrictive measures 
(act of June 26, 1906), applying largely to 
salmon, comprise: (1) a weekly "close time 
from 6 P. M. Saturday to 6 A. M. on Monday 
in all waters except Cook Inlet, Copper River 
delta, Bering Sea, and the tributaries thereof; 
(2) a daily close time from 6 P. M. to 6 A. 
M. in all salmon streams less than 100 yards 
wide; (3) prohibition of any barricade, ob- 
struction, or fixed apparatus at any point in 
a stream where it is less than 500 feet wide, 
or within 500 yards of any red-salmon stream 
that is less than 500 feet wide at its mouth; 
(4) prohibition of the laying of seines or nets 
for a distance greater than one-third the width 
of any water course, or within 100 yards of any 
red-salmon stream whose mouth is less than 
500 feet wide or within 100 yards of any other 
seine or net, and the placing of fixed apparat- 
us within 600 yards laterally or 100 yards end- 
wise of any other fixed contrivance; (5) au- 
thority to close to all commercial fishing for 
one year or longer any stream which, in the 
opinion of the Secretary of Commerce, it 
is desirable to convert into a spawning 
preserve. 

A peculiar feature of the law is the levying 
of license taxes on preserved fish, fish oil, and 
fish fertilizer; and the exemption, from such 
taxes on canned salmon, of persons who operate 
private hatcheries, at the rate of 10 cases of 
canned salmon per 1,000 red or king salmon 
fry planted. The Federal Government aids in 
the maintenance of the salmon supply by the 
operation of hatcheries on an extensive scale. 
Aliens are prohibited from engaging independ- 
ently in fisheries of Alaska but may be em- 
ployed by citizens of the United States (act 
of June 14, 1906). 

The killing of fur seals under Government 
auspices on the Pribilof Islands is confined to 
males over one year old (act of April 21, 1910) , 
and departmental regulation restricts the kill- 
ing to those 2 and 3 years old; the killing or 
hunting of sea otters anywhere in territorial 
waters of Alaska is prohibited for a period 
of 20 years from 1910, under authority con- 
ferred by same act. The protection of all 



FISHERIES, RELATIONS OF GOVERNMENT TO 



other fur-bearing aquatic and land animals in 
Alaska is under the Department of Commerce. 
By the act of August 24, 1912, the killing of 
surplus male seals on land is suspended for a 
period of five years (1913-1917), except such 
as are required for use of the native inhabi- 
tants of the seal islands. 

Bounties and Allowances to Fishermen. — For 
the encouragement of the fisheries Congress has 
from time to time granted various kinds of 
bounties, allowances, drawbacks, etc., to fish- 
ermen and fishing vessels. In 1789 an act 
was passed giving a cash bounty on salted fish 
exported, in lieu of a drawback on the duties 
imposed on the foreign salt used in preserving 
said fish. In 1792 the bounty paid in lieu 
of a rebate on salt duties was superseded by 
a direct bounty, effective for seven years, for 
vessels engaged in the cod fisheries, contingent 
on the active employment of such vessels for 
at least four months during the season (last 
day of February to last day of November) ; 
the bounty was at the rate of $1 a ton for 
vessels under 20 tons burden, $1.50 a ton for 
vessels of 20 tons or more but less than 30 
tons, and $2.50 a ton for vessels of 30 tons and 
over, the maximum payment to one vessel in 
one season being $170; in 1797 the foregoing 
rates were increased 33-1/3 per cent. In 1813 
an act. was passed granting a bounty of 20 
cents a barrel on all pickled fish exported that 
had been cured with foreign salt, and giving 
an increased bounty to fishing vessels, the rate 
being $4 a ton for vessels of over 30 tons 
burden. In 1819 the rates were still further 
increased, all vessels of 30 tons or less being 
entitled to bounty at $3.50 per ton, and all 
larger vessels at $4 per ton, the maximum for 
one season being $360. From that time until 
1866 there was no change, but in that year 
all fishing bounties were repealed; duties were 
remitted, however, on salt used by fishing 
vessels ( B. 8., § 3,022). In 1897 an act (Stat, 
at Large, ch. xi, § 284) was passed remitting 
duties on salt used in preserving fish on ves- 
sels or on the shores of navigable waters; this 
provision is still in force (1913). 

Fisheries as Related to Navigation. — Vessels 
engaged in various branches of the fisheries, 
while coming under the general navigation laws 
in matters not directly pertinent to fishing, 
are subject to special regulation or exemption. 

Fishing vessels and boats of the United 
States are governed by article 9 of the inter- 
national rules of 1897, regarding lights, sig- 
nals, etc., for the prevention of collisions at 
sea (act of Jan. 19, 1907), and by article 9 of 
the inland rules of 1897 (act of June 7, 1897) 
for the prevention of collisions in harbors, riv- 
ers, and inland waters. By these regulations 
(Art. 26), fishing vessels in operation are 
given right of way, but must not obstruct a 
fair-way used by vessels other than fishing. 

Any vessel of the United States, when prop- 
erly licensed, may engage in the fisheries and 



be entitled to all the privileges enjoyed by 
fishing vessels generally (B. 8., 4,311). A fish- 
ing license, issued by collectors of customs for 
a period of one year, specifies the fishery in 
which the vessel to which it is issued is to 
engage {B. 8., 4,321). 

Before starting on a voyage, the master of 
every vessel engaged in bank and other cod 
fisheries or in mackerel fishery must make an 
agreement, for one voyage or for fishing season, 
with every fisherman member of the crew, cov- 
ering the matters of share of proceeds, proper 
performance of duty, etc. {B. 8. 4,391, 4,392, 
4,393, 4,394); 

Steam vessels engaged in oyster dredging 
and planting or in fishing for food fishes in 
the Great Lakes and other inland waters, and 
not carrying passengers, are exempted from the 
provision of law prohibiting the taking of per- 
sons not members of their crew, and may be 
authorized and licensed by the district super- 
vising inspector of steam vessels to carry such 
additional persons as may be necessary for 
conducting the oyster or fishing business, not 
exceeding one such person for every net ton 
of measurement (act of July 9, 1886). 

A vessel licensed for carrying on the fisheries 
may also touch and trade in foreign ports if 
the owner or master shall, before departure, 
obtain permission from the local collector of 
the port (B. 8. 4,364). This right was con- 
tested by the British Government, but was af- 
firmed in the North Atlantic Coast Fisheries 
Arbitration at The Hague in 1910 (see New- 
foundland Fisheries Dispute ) , the court 
holding that American fishing vessels, if duly 
authorized by their Government, have this 
right under treaty, provided the exercise of 
the liberty of fishing and the privilege of trad- 
ing is not concurrent. 

Protective and Restrictive State Legislation. 
— The relations of the states to fisheries are 
set forth in an enormous volume of legislation, 
much of which is rather unstable. The major 
heads under which such legislation falls are: 
(1) powers and duties of officials who enforce 
the fishery laws; (2) protection of aquatic 
animals; (3) maintenance and increase of fish, 
shellfish, etc., by artificial means; (4) raising 
of revenue by taxing vessels, boats, and appa- 
ratus, by licensing occupations, and by selling 
or renting waters or bottoms for cultural pur- 
poses. 

The great bulk of fishery legislation pertains 
to the protection and preservation of water 
creatures, the means and methods invoked to 
this end come for the most part under the 
following captions: (1) Season: a close time 
is frequently imposed during the spawning 
period or when animals are in poor condition; 
it may cover a continuous period of weeks or 
months (white-fish in Great Lakes) or be for 
one day or several days in each week (salmon 
in Pacific streams) ; serious depletion of a 
species may be met by absolute suspension of 



24 



FISHERIES, STATE DEPARTMENTS OF— FLAG OF THE UNITED STATES 



fishing for a term of years. (2) Methods: in- 
terdictions may close certain waters to com- 
mercial fishing, may apply to the use of nets 
in particular streams or special fisheries, may 
keep streams from being barricaded by fixed 
or movable appliances, and may save fish from 
destruction by dynamiting and poisoning. (3) 
Apparatus : this is regulated as to size, size 
of mesh, distance from shore and from other 
apparatus, locality where set, etc. (4) Condi- 
tion and size of fish, etc.: the protection of 
egg-bearing lobsters is general, but is„waived 
in some states if eggs are saved for hatching 
purposes. A size limit on fish taken for sale 
is enforced in numerous states and with regard 
to many species, and applies also to lobsters, 
terrapin, and other animals. 

The inability of states to enact uniform laws 
for interstate waters and to treat with foreign 
nations in the case of international waters, 
has led some of them, through appropriate leg- 
islative action, to signify their willingness to 
have Congress assume jurisdiction in such wa- 
ters; and there is now a concerted movement 
to secure federal control over migratory fishes. 

Obstructions, Pollutions, etc. — Congress, so 
far as its jurisdiction goes, prevents injury by 
obstructions that affect the free movements of 
fish in streams. By act of August 11, 1888, 
the Secretary of War was authorized to con- 
struct fishways in streams where river and 
harbor improvements interfere with passage 
of fish. The act of June 21, 1906, as amended 
by act of June 23, 1910, relating to construc- 
tion of dams in navigable streams, makes a 
direct reservation in interests of migratory 
fishes, by requiring the owner of each dam to 
install and maintain therein a fishway ap- 
proved by the Secretary of Commerce. For 
non-navigable streams, many of the states re- 
quire that dams or other obstructions shall 
contain fishways. 

Damage to fish by the pollution of waters 
is provided against in nearly every state. The 
discharge of sawdust, acids, dyestuffs, gas tar, 
and other deleterious substances is prohibited 
or regulated. The use of dynamite and poisons 
for killing fish is illegal in most states. 

Aquiculture, National and State. — Artificial 
propagation of fish and other aquatic animals 
is extensively conducted by both Federal and 
state governments, and is recognized as of 
great importance in maintaining and increas- 
ing the supply. At numerous hatcheries estab- 
lished by acts of Congress or of state legisla- 
tures valuable food and game species are prop- 
agated, and the young are furnished free for 
stocking public and private waters. The Fed- 
eral Government imposes no restrictions on this 
work, but some states require that waters thus 
stocked shall be open to the public. To mini- 
mize the danger from indiscriminate planting, 
some states prohibit introduction of non- 
indigenous fishes without special permit. The 
national and state authorities cooperate in 



fish culture, and in some sections conduct 
joint operations. 

See Alaska Boundary Controversy; Bays 
and Gulfs, Jurisdiction over; British North 
America, Diplomatic Relations with; Fish 
Commissions; Headlands Theory; High 
Seas; Lakes, Jurisdiction and Navigation 
of; Newfoundland Fisheries Dispute; 
Ports, Jurisdiction in; Reciprocity Policy; 
Seal Fisheries; Three-Mile Limit; Vessels. 
Hugh M. Smith. 

FISHERIES, STATE EXECUTIVE DE- 
PARTMENTS OF. A fishery and game de- 
partment, on a small scale, is a part of the 
state executive in a few states. By common 
law the state has jurisdiction over wild game 
and fish — If it chooses to assert it. In the 
colonial charters, provision was often made 
regarding fishing rights. The state legislatures 
have passed many acts relating to fish and 
game which are usually administered by game 
wardens. Statutes or executive orders regu- 
late the manner of fishing, the time for fishing, 
and the length or size of fish that may be 
taken. In Ohio the possession of nets and 
seines of above certain dimensions, constitutes 
an offense. So numerous, minute and search- 
ing are the game and fish laws that in some 
states it is difficult to hunt or fish at all. 
The state activity includes fish hatching at 
public expense; stocking of waters; inspection 
and suspension of fishing laws; licensing fish- 
ermen and so on. See Fish Commissions; 
Fisheries, Relation of Government to; 
Game Laws. References : J. H. Finley and 
J. F. Sanderson, Am. Executive (1908), ch. 
xxii; game laws of the states; F. J. Stimson, 
Federal and State Constitutions (1909), Bk. 
Ill, 417; N. Y. State Library, Index of Legis- 
lation ( annual ) . T. N. Hoover. 

FIVE-MINUTE RULE. The five minute 
rule (Rule XXIII, fl 5, first adopted in 1847, 
and modified in 1850) is one of the rules of 
Congress, governing debate in committees of 
the whole house. It provides that when gen- 
eral debate is closed by order of the house, 
any member shall be allowed five minutes to 
explain any amendment he may offer, after 
which the member who shall first obtain the 
floor shall be allowed to speak five minutes in 
opposition to it. Under this rule in practice 
pro forma amendments are offered as a pretext 
for five minute speeches, and then by unani- 
mous consent ( rarely refused ) withdrawn, thus 
in effect prolonging the debate. See Rules of 
Congress. A. N. H. 

FLAG OF THE UNITED STATES. Origin. 

— As prescribed by law this ensign consists of 
a white star for each of the states in a blue 
union, called the jack when hoisted by itself, 
with a fly of 7 red and 6 white horizontal 
stripes commemorating the original 13 states. 



25 



FLETCHER vs. PECK— FLORIDA 



The colors and their distribution in union and 
fly suggest derivation from the flag of Great 
Britain; and there is no historic evidence of 
any other original. The Washington coat-of- 
arms bears stars and stripes but in a different 
arrangement. No national flag was adopted 
by the Continental Congress in 1775, when 
some vessels cruised against British shipping 
under British colors; but the batteries around 
Boston hoisted the pine-tree flag long known in 
Massachusetts. In the South the rattle-snake 
was used as? an emblem; and various mottoes 
added to the confusion of color and pattern. 
January 2, 1776, the Union flag, bearing the 
combined crosses of Great Britain ani a striped 
field, was hoisted in Washington's camp at 
Cambridge; and this copy of the familiar en- 
sign of the British East India Company was 
used in the squadron of Commodore Hopkins 
during that winter's cruise. No change was 
made that year; but June 14, 1777, Congress 
approved a design showing 13 stars in the 
union and the same number of stripes. 

Accepted Form. — The attempt to add both 
stars and stripes when new states were admit- 
ted spoiled the proportions of the flag; and 
April 4, 1818, the change was limited to the 
stars of the union, the number of stripes being 
limited to 13 by statute. The first flag of this 
pattern had 20 stars "so disposed as to form 
one great star;" but the Navy commissioners 
secured the approval of President Monroe for 
their arrangement in horizontal rows, the union 
to be one-third the length and seven-thirteenths 
the depth of the flag; and the total length not 
quite twice as long as the depth or hoist — 19 
feet by 36 being the dimensions for the largest 
naval ensign. The present flag (1914) con- 
tains 48 stars arranged in six parallel rows. 

Confederate States of America. — The south- 
ern Confederacy had an arrangement of stars 
and bars which was criticized as a parody of 
the flag of the United States. In 1863 a star- 
spangled blue cross in a red union was made 
the Confederate battle-flag; and the addition 
of a white field completed the ensign. A later 
design made the outer part of the fly red. 

Legal Regulations. — Salutes are rendered 
when the flag is hoisted at 8 A. M. or low- 
ered at sunset both in the Army and Navy. 
No trade-mark bearing a national or state 



flag can be legally registered in the United 
States and some of the states have statutes for- 
bidding the use of the flag for advertising pur- 
poses. In some states every schoolhouse must 
have and display the flag. 

See Army, Standing ; Commander in Chief ; 
Military Discipline; Officers, Military and 
Naval; War, Carrying on. 

References: G. H. Preble, Flag of the V. S. 
(1880), 204, 218, 259, 348, 527, 531; P. D. 
Harrison, Stars and Stripes (1906), 71-76; 
U. S. Navy Department, Flags of Maritime Na- 
tions (1899); U. S. War Department, Stars 
and Stripes- (1909); Official Records (1880- 
1901), Atlas No. 35; U. S. Revised Statutes 
(1901), §§ 1791, 1792, ibid (1910), § 1010. 

C. G. Calkins. 

FLETCHER vs. PECK. Action was brought 
by Fletcher against Peck in the federal circuit 
court for Massachusetts to recover damages for 
breach of warranty of title in a conveyance 
to Peck's remote grantors of a large tract 
of land included within a grant by the state 
of Georgia of lands bounded on the west by 
the Mississippi River which were claimed by 
the state under a colonial grant from the 
Crown (1810; 6 Cranch 87). The title of the 
state was questioned on the ground that the 
Indian title had not been extinguished; and 
it was also contended for plaintiff that the 
state grant had subsequently been rescinded by 
statute. On writ of error from a decision in 
favor of Peck it was held that the Indians 
did not have title but only a possessory right, 
the extinguishment of which left a perfect title 
under the colonial grant. The important con- 
stitutional questions decided were that the leg- 
islative grant constituted a contract protected 
by the Federal Constitution against state im- 
pairment; and that the constitutional provision, 
applied to contracts of the state as well as 
to those between individuals. See Contract, 
Impairment of. E. McC. 

FLOATERS. Electors with doubtful prin- 
ciples and purchasable votes, especially preva- 
lent in the "pivotal" states in presidential 
campaigns previous to the Australian ballot 
reform. See Corruption, Political; Party 
System in Doubtful States. O. C H. 



FLORIDA 



Early History. — The southeastern peninsula 
of North America was discovered March 27, 
1513, by Juan Ponce de Leon who gave to it 
the name Florida. The Indians were hostile 
and early attempts to subjugate the country 
were abandoned. The first Spaniards planted 
no permanent colonies, bringing only gentlemen 
and soldiers intent on conquest and the pursuit 



of wealth while the settlements suffered from 
starvation and the attacks of savages. Alter- 
nately pillaged by bands of French and Eng- 
lish, the history of Florida for a hundred years 
relates largely to the efforts of Spanish mis- 
sionaries to christianize the Indians. A coloni- 
al governor with power enforced by troops rep- 
resented the absolute authority of the Spanish 



26 



FLORIDA 



King. French, settlements limited Florida on 
the west at the Perdido River while on the 
north Spanish claims conflicted with English 
colonial grants. Boundary disputes, Indian 
troubles and fugitive slaves engendered con- 
stant strife between the English colonists of 
Georgia and the Spanish of Florida. By the 
treaty of 1763 Spain ceded Florida to England, 
and France transferred to that country most 
of her possessions west of the Perdido (see 
Louisiana Annexation). Under Spain there 
had been neither industrial nor agricultural de- 
velopment, and the province contained but 
6,000 civilized inhabitants. England divided 
the province into East (see East Florida) and 
West Florida (see), offered liberal inducements 



Annexation; Territory.— In 1821 negotia- 
tions for the purchase of Florida were con- 
cluded and the province was formally trans- 
ferred to the United States. An act of March 
3, 1822, replaced the military authority by 
civil government and united East and West 
Florida. But the powers of self-government 
were limited. The governor, appointed by the 
President, was assisted by a council of thir- 
teen, appointed annually. The legislative coun- 
cil regulated county and municipal government. 
The governor annually reported its enactments 
to Congress which could annul them. All ter- 
ritorial officials, including the delegate to Con- 
gress, were appointed by the President. Grad- 
ual amendments gave the people a larger share 




Boundaries of the State of Florida 



to colonists and developed a prosperous foreign 
trade. Authority was vested in a colonial gov- 
ernor aided by a council and representative 
assembly. During the American Revolution 
loyal Florida became a refuge for fugitive 
loyalists and a basis for military operations 
against the revolting colonies. By the treaty 
of 1783 England restored Florida to Spain. 
The United States shortly undertook to secure 
possession of Florida, but Spain, though un- 
able to maintain order, refused to sell. During 
the War of 1812 the English practically seized 
the province. In 1811 the settlers on the St. 
Mary's River and the Georgia frontiersmen, by 
the connivance of the American authorities, 
declared the establishment of the "Republic of 
Florida" and captured Fernandina and Amelia 
Island. Though the act was officially dis- 
avowed by the United States, Florida remained 
virtually a conquered province until the with- 
drawal of the American troops in 1813. 



of power. In 1826 they were authorized to 
elect the council, though the governor retained 
the veto power, subject to annulment by a two- 
thirds vote. In 1834 the council was enlarged 
to 26 members and later the delegate to Con- 
gress was elected. 

Early State Government. — Immigration from 
the southern states and the establishment of 
a firm government inaugurated a period of in- 
creasing prosperity hampered only by frequent 
raids of the Seminole Indians. They were re- 
moved from the territory only after a bitter 
war. March 3, 1845, Florida was admitted to 
the Union with the Perdido River as the 
western boundary. With the admission to 
statehood the provisional constitution of 1839 
became effective. The franchise was restricted 
to free white males, over 21 years of age, 
citizens of the United States, residents of 
Florida for two years and enrolled in the state 
militia. The state executive officials were 



52 



27 



FLORIDA ANNEXATION 



elected by the legislature. In 1845 the state 
repudiated $3,900,000 of the debt of various 
banks which had been guaranteed by the ter- 
ritory. At the first election held in that year 
the Democrats elected the governor and both 
United States Senators. 

Civil War and Reconstruction. — Florida took 
a prominent part in the events preceding the 
Civil War. January 10, 1861, she declared her 
independence, January 21 her Senators with- 
drew from the United States Senate and Febru- 
ary 17, 1861, she became one of the Confed- 
erate states. May 17, 1865, the Confederate 
troops in Florida surrendered and May 20 all 
slaves in the state were freed. The close of 
the war found the state impoverished and the 
treasury emptied; even the principal of the 
school fund, established in 1845, had been ex- 
pended and a heavy war debt remained. The 
state convention, October 25, 1865, annulled the 
ordinance of session, declared slavery abolished 
and repudiated; the state debt contracted be- 
tween January J10, 1861, and October 25, 1865. 
A constitution,: framed by a convention com- 
posed largely of negroes, was ratified by popu- 
lar election in -May, 1868. The state legisla- 
ture convened June 1, 1868, ratified the Thir- 
teenth and Fourteenth Amendments to the Fed- 
eral Constitution and secured the readmission 
of Florida into; the Union despite the veto of 
President Johnson. July 4, 1868, the govern- 
ment was transferred to the civil authorities 
and the newly j elected state officials assumed 
their duties. The extravagance of the "carpet- 
bag" government rapidly increased the indebt- 
edness of the jstate until in 1871 it reached 
$1,500,000. The failure of the railroads to pay 
interest on bonds guaranteed by the state 
added to the financial burden. Not until 1873 
did the revenues of the state equal the annual 
interest on the debt and the current expenses 
of government. In the Hayes-Tilden election 
contest of 1876 the electoral vote of the state 
was disputed. The "visiting statesmen" went 
to Florida and ,the electoral commission finally 
awarded its vote to Hayes. 

Present Constitution. — The state is gov- 
erned under the constitution adopted in 
1885. It has the pure Australian ballot with 
non-partisan tickets, thus controlling the negro 
vote, though that problem is not considered 
acute. The constitution establishes county lo- 
cal option. The governor is elected for a term 
of four years and can not serve two successive 
terms. The legislature meets biennially, the 
lower house being elected every two years. The 
senate consists of 32 members, one-half being 
elected every two years and holding office for 
four years. The supreme court consists of six 
judges serving six years, one-third being elect- 
ed every two years. The chief justice is select- 
ed every second year by lot. The state is di- 
vided into eleven judicial circuits with judges 
appointed by the governor for six years and 
state's attorneys appointed for four years. The 



minor courts include criminal courts of record, 
county courts, county judges courts and jus- 
tices of the peace, all of limited jurisdiction. 
In all civil cases and in criminal cases, other 
than capital offenses where twelve men are 
required, six men constitute the jury. The 
cities are governed by a mayor and elective 
council, while at the head of each county is a 
board of five commissioners exercising general 
jurisdiction over county affairs. Since 1879 
the state has been overwhelmingly Demo- 
cratic. In state elections the Democratic ma- 
jority -averages 30,000 and, except in presiden- 
tial campaigns, when a full state and congres- 
sional Republican ticket is named, no opposing 
ticket is customarily nominated. In 1850 the 
population was 87,445; in 1910, 752,619. 

See East Florida; Florida Annexation; 
West Florida. 

References: G. R. Fairbanks, Hist, of Florida 
(1871); H. B. Fuller, Purchase of Florida 
(1906) ; E. L. Green, Hist, of Florida (1898) ; 
F. N. Thorpe, Fed. and State Constitutions 
(1909). Hubert Bruce Fuller. 

FLORIDA ANNEXATION. West Florida, 
and East; Florida.— Eight years after Spain, 
by the treaty of 1795, agreed to restrict the 
northern boundary of West Florida, Jefferson 
claimed that province as part of Louisiana — 
a claim later maintained by various legislative 
and executive acts and accepted by the Su- 
preme Court. Negotiations for: the remainder 
of Florida began in 1803 but failed. In 1808 
diplomatic relations with Spain were suspend- 
ed. Madison, after the occupation of West 
Florida in 1810, regarding the remaining ter- 
ritory as possible indemnity for claims, ob- 
tained legislative authority to take temporary 
possession east of the Perdido by arrangements 
with the local authorities; or, if necessary in 
an emergency, to prevent foreign occupation, 
subject to future negotiations. In 1812 the 
Secretary of War authorized the seizure of 
Pensacola which, after its later occupation by 
Jackson to drive the British out (1814), was 
delivered to the Spanish authorities. 

Negotiations and Treaty of Cession. — Diplo- 
matic relations with Spain were resumed in 
1815. In subsequent negotiations, conducted 
alternately at Madrid and Washington, the 
Spanish proposal to cede all Spanish territory 
east of the Mississippi in exchange for all 
American territory west of it was twice de- 
clined. In March, 1818, Monroe declared that 
failure of Spanish treaty obligations would 
justify American military occupation of Flor- 
ida in self-defense, and a month later Jackson 
crossed the border on a raid closing with the 
seizure of Pensacola. 

Spain was finally induced to sell what she 
could not defend. Through the mediation of 
De Neuville, a compromise was effected to 
which both Adams and Onis finally agreed, 
resulting in the treaty (February 22, 1819) 



28 



FOLK, JOSEPH W — FOREIGN AND DOMESTIC COMMERCE, BUREAU OF 



giving clear title to all the Floridas (59,268 
square miles) in return for the payment of 
claims of American citizens against Spain 
($5,000,000) and relinquishment of all claim 
to Texas. The treaty was unanimously ratified 
(February 24, 1819) by the Senate. Congress, 
expecting early ratification by Spain, author- 
ized the President (March 3) to take pos- 
session and to establish temporary local gov- 
ernment. 

Ratification. — Although Forsyth was sent to 
Madrid to hasten ratification, the Spanish Gov- 
ernment delayed action leaving the status of 
Florida equivocal. The tardy announcement 
of contemplated repudiation caused the Ameri- 
can Government to consider seriously the ques- 
tion of occupation. Although Vives arrived 
from Madrid to propose conditions Monroe still 
advised forbearance (May 9, 1820). 

The treaty was finally ratified by the Span- 
ish Cortes, October 1820; and was re-ratified 
by the Senate, February 1821, with but four 
dissenting votes. 

Occupation. — Under acts of March 1821, Mon- 
roe appointed Andrew Jackson military gov- 
ernor, with the powers and duties previously 
exercised by the Spanish governor. The formal 
act of cession was performed at St. Augustine 
(July 10) and at Pensacola (July 17, 1821). 
Spanish laws remained in force until by act 
of March 30, 1822, Congress established a civil 
government. 

See Florida; France, Diplomatic Rela- 
tions with; Spain, Diplomatic Relations 
with. 

References: J. Q. Adams, Memoirs (1877), 
IV, V, passim; K. C. Babcock, Rise of Am. Na- 
tionality (1906), ch. xvii; J. M. Callahan, 
Cuba and Int. Relations (1899), ch. iv; E. J. 
Carpenter, Am. Advance (1903), ch. iii; F. E. 
Chadwick, U. S. and Spain (1909), chs. iv-vii; 
Edward Channing, Jeffersonian System (1906), 
ch. xi; J. W. Foster, Century of Am. Dipl. 
(1906), 256-65; J. B. Moore, Int. Arbitrations 
(1898), V, 4495-4500, 4519, 4525, Digest of 
Int. Law (1906), I, 439-45; J. T. Morse, J. Q. 
Adams (1897), 109-127. J. M. Callahan. 

FOLK, JOSEPH W. Joseph W. Folk (1869- 

), a native of Tennessee, was admitted to 

the bar in Missouri in 1890 and soon thereafter 
became active as a Democrat in the politics 
of his adopted state. His most notable services 
were rendered in the capacity of circuit attor- 
ney and consisted in the deliverance of the 
city of St. Louis from conditions of corrup- 
tion rarely paralleled in American municipal 
history. Venality in the legislature was like- 
wise exposed and relentlessly punished. In 
recognition of his fearless and nonpartisan 
warfare upon corruption, Folk was nominated 
in 1904 for the governorship; and, upon a 
personal platform declaring for honesty in pol- 
itics and the public service, he was elected by 
the votes not only of Democrats but of many 



Republicans. He occupied with honor the gu- 
bernatorial office until 1909. In 1913 he was 
appointed solicitor for the Department of 
State. See Democratic Party; Executive 
and Executive Reform; Governor. Refer- 
ences: P. L. Allen, America's Awakening 
(1906), ch. vi; W. A. White, Joseph W. Folk 
in McClure's Magazine, XXVI, Dec, 1905, 
115-132. 

FOOD. Governments in the United States 
concern themselves extensively with food leg- 
islation. Some grains, particularly wheat, 
oats, rye, barley and Indian corn, are subject to 
Government inspection (see Inspection as a 
Function of Government), to determine their 
grades; and the warehouses in which they are 
stored are subject to public regulation. Abat- 
toirs (see) and bake shops are commonly regu- 
lated by state law and often by city ordinance. 
The most important public regulations as to 
food come under the head of pure food (see). 
Both national and state statutes provide for 
wholesome conditions in the preparation of 
animals for food, and of food products of all 
kinds; prohibit adulteration of food even with 
harmless substances; and in some cases require 
a statement on the labels of the ingredients 
of the compounds. Most cities, by ordinance, 
regulate the retailing of food products, particu- 
larly the perishable ones; and some of them 
provide markets (see) for the cheap and ready 
exchange of foods between the growers and the 
consumers. See Drugs, Public Regulation of ; 
Health, Public, Regulation of; Milk Sup- 
ply, Regulation of; Pure Food. A. B. H. 

FOOTE'S RESOLUTION. A resolution intro- 
duced in the Senate December 29, 1829 by 
Senator Samuel A. Foote of Connecticut, pro- 
posing to check the indiscriminate sale of pub- 
lic lands. The debate on the resolution, having 
first taken the form of an attack by the west- 
ern Senators upon those from the East for 
their alleged hostility to the interests of the 
western states, soon culminated in the epoch- 
making Webster-Hayne debate. See Webster, 
Daniel; Hayne, Robert Y. 0. C. H. 

FORCE BILL. An appellation derisively ap- 
plied to the following federal bills, whose 
purpose has been to enforce statutes obnoxious 
to certain sections of the country: (1) law 
of March 2, 1833, enforcing the collection of 
tariff duties (see Bloody Bill) ; (2) law of 
May 31, 1870, enforcing the Fourteenth and 
Fifteenth Amendments: (3) bill which passed 
the House July 2, 1890, but failed to pass the 
Senate, providing for federal control of con- 
gressional elections. See Democratic Party; 
Elections, Federal Control of. O. C. H. 

FOREIGN AND DOMESTIC COMMERCE, 
BUREAU OF. See Commerce, Department 
of; Manufactures, Bureau of. 



29 



FOREIGN ELEMENTS IN THE UNITED STATES 



FOREIGN ELEMENTS IN THE UNITED STATES 



Percentage of Foreign Born. — Federal cen- 
suses distinguish between persons themselves 
born in foreign countries and native persons 
whose parents were born in foreign countries; 
these two classes together are referred to as 
the foreign elements in the population. 

The foreign elements in the United States 
consist almost wholly of whites, Chinese, and 
Japanese. Of the negroes only a fraction of 
one per cent are foreign-born or had parents 
born abroad, and of the Indians less than 2 
per cent. In 1910 nearly four-fifths of the 
Chinese and over nine-tenths of the Japanese 
were foreign-born, and most of the remainder 
had parents born abroad. For convenience, 
therefore, this discussion is restricted to the 
whites, Chinese, and Japanese, and the latter 
two races are referred to as one. 

In 1910 the population of continental United 
States was made up as follows: 



Total 

White 

Native, total 

Native parentage 

Foreign and mixed 

parentage 

Foreign-born 

Negro 

Indian 

Chinese 

Japanese 

Other Asiatics 



Number Per cent 



91,972,266 

68,386,412 

49,488,575 

18,897.837 

13,345,545 

9,827,763 

265,683 

71,531 

72,157 

3,175 



100.0 

74.4 
53.8 

20.5 

14.5 

10.7 

0.3 

0.1 

0.1 



The foreign white stock thus constituted 
in 1910 35.1 per cent of the total population 
of the country. Of the total number of white 
inhabitants 16.3 per cent were born abroad 
and 23.1 per cent were natives with foreign- 
born parents. The following statement shows 
the principal elements of the population from 
1850 to 1910. Parentage was not distinguished 
prior to 1870. 



The first extensive immigration took place 
from 1840 to 1850. By the latter year, the 
first in which nativity was shown by the cen- 
sus, the foreign-born white were nearly one- 
tenth of the total population (9.7 per cent), 
and by 1860, 13 per cent. No very great change 
in this percentage appears since 1860, al- 
though there have been moderate fluctuations 
in accordance with waves of immigration. The 
proportion of native white of foreign parentage, 
although not shown prior to 1870, undoubtedly 
increased steadily from 1850 to 1900, but for 
1910 the proportion was slightly smaller than 
in 1900. 

By reason of restrictions imposed by federal 
law, the number of Chinese has decreased since 
1880 {see Chinese Immigration and Exclu- 
sion). The Japanese, who were very few up 
to 1890, now slightly outnumber the Chinese. 

Country of Birth. — The character of the for- 
eign stock in the population of the United 
States has been rapidly changing during the 
past two decades. This change appears most 
conspicuously in the foreign-born element, as 
a longer time is required to permit its full 
effect upon the native element of foreign pa- 
rentage to appear. Prior to 1890 the larger 
part of the immigration into the United States 
was from the countries of northwestern Eu- 
rope or from Canada. At present persons from 
southern and eastern Europe far outnumber 
all others in the annual immigration. 

In 1860 nine-tenths of the total foreign- 
born white population consisted of those 
born in the countries of northwestern Europe. 
The proportion fell till 1890, when it stood at 
78 per cent, but by 1900 it dropped to 69 per 
cent, by 1910 to 51 per cent. The number of 
persons born in southern and eastern Europe 
increased from about 8 per cent of total 
foreign-born white population in 1890 to 18 



POPULATION OF UNITED STATES BY RACE, NATIVITY, AND PARENTAGE (1850-1910) 



1 Includes 2,936 other Asiatics. 
8 Not reported, but insignificant. 



30 





Number (Expressed in Thousands) 




1910 


1900 


1890 


1880 


1870 


1860 


1850 


Total population 

Native white 

Native parentage 

Foreign and mixed parentage 

Foreign-born white 

Negro and Indian 

Chinese and Japanese 


91,972 
68,385 
49,489 
18,898 
13,346 
10,093 
x 147 


75,995 
56,595 
40,949 
15,646 
10,214 
9,071 
114 


62,948 

45,979 

34,476 

11,504 

9,122 

7,737 

110 


50,156 

36,843 

28,568 

8,275 

6,560 

6,647 

106 


38,558 

28,096 

22,771 

5,324 

5,494 

4,906 

63 


31,443 

22,826 

~4~097 

4,486 

35 


23,192 
17,313 

~2~24l 
3,639 

2 




Per Cent of Total 




100.0 
74.4 
53.8 
20.5 
14.5 
11.0 
0.2 


100.0 
74.5 
53.9 
20.6 
13.4 
11.9 
0.2 


100.0 
73.0 
54.8 
18.3 
14.5 
12.3 
0.2 


100.0 
73.5 
57.0 
16.5 
13.1 
13.3 
0.2 


100.0 
72.9 
59.1 
13.8 
14.2 
12.7 
0.2 


100.0 
72.6 

~~13UJ 

14.3 

0.1 


100.0 


Native white 

Native parentage 

Foreign and mixed parentage 

Foreign-born white 

Negro and Indian 

Chinese and Japanese 


74.6 

9~7 

15.7 



FOREIGN ELEMENTS IN THE UNITED STATES 



per cent in 1900 and 38 per cent in 1910. In 
the latter year the foreign-born white popu- 
lation included about 6,740,000 persons born 
in northwestern Europe, 5,050,000 persons born 
in southern and eastern Europe, and 1,725,000 
persons born on other continents, seven-tenths 
of the latter being born in Canada. Of the 
native whites of foreign or mixed parentage, 



those born in southern and eastern Europe in- 
creased 178 per cent. The most remarkable 
percentages of increase, although the absolute 
numbers are comparatively small, are those for 
persons born in the Balkan States and in 
Greece. 

Age and Sex Distribution. — The age distribu- 
tion of the foreign-born is very different from 



FOREIGN-BORN WHITE POPULATION, BY PRINCIPAL COUNTRIES OP BIRTH (1910 and 1900) 



Countries 



Northwestern Europe 

England, Scotland, and Wales _. 

Ireland _ 

Norway, Sweden, and Denmark 

Holland and Belgium 

Germany 

Switzerland 

France 



Southern and Eastern Europe 



Russia and Finland — 

Italy 

Austria-Hungary 

Balkan States (Roumania, 
Servia, and Montenegro) 

Turkey in Europe 

Greece 

Spain and Portugal 



Bulgaria. 



Canada 3 

Mexico 

Turkey in Asia 

All other countries 



Total 


Per Cent 
Increase 


Per Cent of Total 
Foreign-born White 


1910 


1900 


1900-10 i 


1910 


1900 


6,735,486 


7,011,806 


-3.9 


50.5 


68.6 


1.219.968 

1.352,155 

1,250.662 

169,450 

2,501.181 

124.834 

117,236 


1,166,863 

1.615,232 

1,072,009 

124,677 

2,813,413 

115,581 

104,031 


4.6 

-16.3 

16.7 

35.9 

-11.1 

8.0 

12.7 


9.1 

10.1 

9.4 

1.3 

18.7 
0.9 
0.9 


11.4 

15.8 

10.5 

1.2 

27.5 

1.1 

1.0 


5,046,471 


.1,816,752 


177.8 


37.8 


17.8 


1,732,421 
1,343.070 
1,670,524 


640,710 
483,963 
636,968 


170.4 
177.5 
162.3 


13.0 
10.1 
12.5 


6.3 

4.7 
6.2 


87.371 
32.221 
101.264 
79,600 


2 

9,896 4 

8,513 

36,702 


~2~25~6 

1,089.5 

116.9 


0.7 
0.2 
0.8 
0.6 


~"o~i 

0.1 
0.4 


1,196,070 
219,802 
59.702 
88,014 


1,172,860 
101,908 

4 

110,491 


2.0 
115.7 

~-20~3 


9.0 
1.6 
0.4 

0.7 


11.5 
1.0 

"Ti 



Per Cent 
of Total 
Popu- 
lation 

1910 

7.3 

1.3 
1.5 

1.4 
0.2 
2.7 
0.1 
0.1 

5.5 

1.9 
1.5 
1.8 

0.1 

5 
0.1 

0.1 

1.3 
0.2 
0.1 
0.1 



1 A minus sign - denotes decrease. 

2 Data for 1900 not available ; included with "all other countries. 

3 Includes Newfoundland for 1900. 

4 Turkey in Asia included with Turkey in Europe. 
6 Less than one-tenth of one per cent. 



however, nearly seven-tenths still consist of 
those one or both of whose parents were born 
in northwestern Europe. 

Persons born in Germany are still (1910) 
the most numerous, but have decreased ma- 
terially since 1900. Next in number are those 
born in Russia and Finland, consisting largely 
of Jews and Poles. Then follows those born in 
Austria-Hungary, who are mostly of non-Teu- 
tonic races. Persons born in Ireland, who 
ranked second among the foreign-born elements 
in 1900, have fallen to the fourth place in 
1910 and only slightly exceed those born in 
Italy. The Italians in this country are largely 
from southern Italy and Sicily. 

The total number of whites born in the 
countries of northwestern Europe fell off about 
4 per cent during the decade 1900-1910, while 



Total 

Native white 

Native parentage 

Foreign and mixed parentage 

Foreign-born white 

Negro 

Indian, Chinese, Japanese, and all other _. 



that of the natives, since adult immigrants far 
outnumber immigrant children, a large propor- 
tion of the children of the foreign-born being 
born in this country. Thus, in 1910, of the 
total foreign-born whites 94 per cent were 15 
years or more of age; of the native whites of 
native parentage only 64 per cent. For this 
reason the foreign-born constitute a much larg- 
er proportion of the adult population than 
they do of the total population. On the other- 
hand, for the same reason the proportion of 
adults among the native whites of foreign pa- 
rentage is lower than among the native whites 
of native parentage. 

The following table shows, for 1910, the dis- 
tribution of the population 15 years of age and 
over, and also that of males of voting age 
(21 years and over) : 



Persons 15 and Over 



Number 



62.473.130 
43,429.263 
31,756,995 
11,672.268 
12,586,199 
6,162,656 
295,012 



Per Cent 



100.0 
69.5 
50.8 
18.7 
20.1 
9.9 
0.5 



Males 21 and Over 



Number 



26.999,151 
17.710,697 
13,211.731 
4.498.966 
6.646,817 
2,458,873 
182.764 



Per Cent 



100.0 
65.6 
48.9 
16.7 
24.6 
9.1 
0.7 



31 



FOKEIGN ELEMENTS IN THE UNITED STATES 




32 



FOREIGN ELEMENTS IN THE UNITED STATES 











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33 



In 1910 the two elements of foreign white 
stock together constituted 38.8 per cent of the 
population 15 years of age and over, and 41.3 
per cent of the males of voting age. 

There is a large and increasing preponder- 
ance of males among the foreign-born popula- 
tion. In 1910 there were 7,523,788 foreign- 
born white males and 5,821,757 females, or 
129.2 males to each 100 females, the propor- 
tion in 1900 having been 117.4. Among native 
whites of native parentage there were 104.0 
males per 100 females, and among native whites 
of foreign and mixed parentage, 99.5. Among 
immigrants from southern and eastern Europe 
the proportion of males to females is much 
larger than among the earlier immigrants from 
northwestern Europe. 

Tendency to Cities. — The foreign elements in 
the population are relatively much more nu- 
merous in urban than in rural districts, and 
the disparity is increasing. This is particular- 
ly true of the persons themselves born abroad. 
In 1910 there were about 9,640,000 foreign- 
born whites in urban communities (i. e., places 
of 2,500 or more inhabitants), and only about 
3,700,000 in rural communities; 72 per cent of 
the total were thus urban, as compared with 
67 per cent in 1900 and 62 per cent in 1890. 
Of the total urban population of the country 
in 1910, 22.6 per cent consisted of foreign- 
born whites; of the rural population only 7.5 
per cent. The recent immigrants from south- 
ern and eastern Europe have gone very largely 
to the cities. The proportion of native-born 
of foreign and mixed parentage in cities is also 
much larger than of native-born of native 
parentage; in 1910 nearly two-thirds of the 
former were urban, and only about 36 per cent 
of the latter. In the total urban population 
in 1910 the foreign-born whites plus the native 
whites of foreign and mixed parentage repre- 
sented over one-half (51.6 per cent), while in 
the rural population these two elements con- 
stituted only about 21 per cent. 

Geographic Distribution of the Foreign Ele- 
ments. — As shown by the table opposite, the 
foreign elements in the population are very 
unequally distributed among the different sec- 
tions of the country. The largest proportion 
is found in New England, where in 1910 
nearly three-fifths (59 per cent) of the total 
population consisted of foreign-born whites and 
native whites of foreign and mixed parentage, 
27.7 per cent being foreign-born. The middle 
Atlantic states rank next in this respect. Both 
of these divisions show a considerable increase 
in the percentage of foreign elements since 
1900. Large proportions — ranging from 40 to 
46 per cent of the total population — of the 
foreign white elements are also found in the 
two north central divisions and in the moun- 
tian and Pacific divisions. In these four 
divisions, however, the two foreign white ele- 
ments combined constituted a smaller percen- 
tage of the total population in 1910 than in 



FOREIGN ELEMENTS IN THE UNITED STATES 



PER CENT OF FOREIGN WHITE ELEMENTS IN EACH STATE, 1910 



Division 
and 
State 


Native 
White, 
Foreign 

and 

Mixed 

Parentage 

20.5 

31.3 

18.2 
23.9 
21.1 
34.8 
35.9 
33.6 

28.9 
33.0 
30.7 
23.6 

28.0 
21.5 
13.0 
30.6 
34.3 
44.8 

27.6 

45.3 
28.4 
15.7 
43.5 
37.2 
30.4 
17.3 

3.6 

12.8 
14.8 


Foreign- 
horn 
White 


Division 
and 
State 


Native 
W T hite, 
Foreign 

and 

Mixed 

Parentage 


Foreign- 
born 
White 


United States 

"New England 

Maine 

New Hampshire 

Vermont 

Massachusetts 

Rhode Island 

Connecticut 

Middle Atlantic 

New York 


14.5 

27.7 
14.8 
22.4 
14.0 
31.2 
32.8 
29.5 

25.0 
23.9 
25.9 
18.8 

16.8 

12.5 

5.9 

21.3 

21.2 
22.0 

13.9 

26.2 
12.3 

7.0 
27.1 
17.2 
14.8 

8.0 

2.4 
8.6 
80 


Dist. of Columbia — 

Virginia 

West Virginia 

North Carolina 

South Carolina 

Georgia 

Florida 

East South Central _. 

Kentucky 

Tennessee 

Alabama 

Mississippi 

West South Central __ 
Arkansas 


13.6 
1.8 
4.7 
0.4 
0.7 
1.0 
4.8 

2.6 
5.4 
1.8 
1.5 
1.1 

6.9 
2.3 
6.8 
5.7 
9.3 

23.4 

28.4 
23.1 
22.3 
22.7 
8.0 
20.6 
35.2 
25.6 

25.1 

24.7 
20.1 
26.7 


7.4 
1.3 
4.7 
0.3 
0.4 
0.6 
4.5 

1.0 
1.7 
0.8 
0.9 
0.5 


Pennsylvania 

East North Central 

Ohio 


4.0 
1.1 
3.1 


Indiana 


Oklahoma 


2.4 
62 


Michigan 

Wisconsin — - 




16.6 






24.4 


West North Central 




12.4 






18 6 






15 9 






69 






22.9 




Utah 


17 






22 










20 5 






21.1 


Delaware 




15.3 


Maryland 




21.8 











1900. In the three southern divisions taken 
together the foreign white elements constitute 
less than 7 per cent of the population, and 
only in the west south central division do they 
exceed 10 per cent. 

Nearly three-fourths of the total Japanese 
and Chinese population are found on the Pacific 
coast. These races constituted 2.5 per cent of 
the population of the Pacific division in 1910. 

There are 13 states in which the two foreign 
white elements combined constituted more than 
half of the population, namely, in order of the 
proportion, Minnesota, 71.5 per cent; North 



Dakota, 70.6; Pvhode Island, 68.7; Wisconsin, 
66.8; Massachusetts, 66.0; Connecticut, 63.1; 
New York, 62.9; New Jersey, 56.6; Michigan, 
55.5; South Dakota, 54.4; Montana, 52.8; 
Utah, 52.2; and Illinois, 51.9. Khode Island, 
Massachusetts, New York and Connecticut, in 
the order named, rank first in proportion of 
whites, themselves born abroad. 

The following table shows, for each city of 
250,000 or more inhabitants, the percentages 
of the total population represented by the 
foreign-born whites and the native whites of 
foreign and mixed parentage respectively: 



PER CENT OF FOREIGN ELEMENTS IN PRINCIPAL CITIES 





Per Cent of Total 


Cities 


Total 
Population, 

1910 
(thousands) 


Native 

White, 

Native 

Parentage 


Native 
White, 
Foreign 

and 

Mixed 

Parentage 


Foreign-born 
White 


Negro, 

Indian, 

Chinese, 

Japanese, 

and 
All Other 


New York 

Chicago 

Philadelphia ._ 
St. Louis 


4,766,883 
2,185,283 
1,549,008 
687,029 
670,585 
560,663 
558,485 
533,905 
465,766 
423,715 
416,912 
373,857 
363,591 
347,469 
339,075 
331,069 
319,198 
301.408 
267,779 


19.3 
20.4 
37.7 
39.3 
23.5 
23.6 
46.8 
33.0 
24.7 
28.2 
27.7 
21.1 
42.6 
27.3 
43.5 
50.4 
53.2 
31.9 
28.0 


38.2 
41.8 
32.1 
35.9 
38.3 
39.9 
24.1 
35.9 
. 40.4 
43.3 
36.9 
48.8 
36.4 
38.1 
21.9 
13.6 
23.4 
38.7 
40.7 


40.4 
25.7 
24.7 
18.3 
35.9 
34.9 
13.8 
26.3 
33.6 
28.0 
31.4 
29.8 
15.6 
31.8 
8.2 
7.4 
19.0 
28.5 
29.0 


2.0 
2.2 
5.5 
6.5 

2.2 


Cleveland 

Baltimore 

Pittsburgh 

Detroit 

Buffalo 

San Francisco __ 

Milwaukee 

Cincinnati 

Newark 

New Orleans __ 
Washington _— 
Los Angeles --- 
Minneapolis — 
Jersey City 


1.5 

15.2 

4.8 

1.3 

0.4 

14.O 

0.3 

5.4 

2.8 

26.4 

28.7 

M.4 

0.9 

2.3 



Mainly Chinese and Japanese. 



34 



FOREIGN POLICY OF THE UNITED STATES 



In New York City two-fifths of the popula- 
tion are foreign-born whites, another two- 
fifths native whites of foreign and mixed pa- 
rentage, less than one-fifth of the total being 
native whites of native parentage. In 9 out 
of the 19 cities listed in the table the foreign- 
born whites exceeded the native whites of na- 
tive parents. In all but four of the cities 
the two foreign white elements combined con- 
stituted more than half of the population, the 
exceptions being Baltimore, New Orleans, 
Washington, and Los Angeles. 

The tremendous economic and political im- 



portance of the foreign elements in the popu- 
lation of the great cities would be even more 
forcibly brought out by figures showing the 
percentage which they constitute of the total 
adult population and of the males of voting 
age. 

See American Race; Census; Population 
of United States; Vital Statistics. Refer- 
ences: U. S. Bureau of the Census, A Century 
of Population Groioth, from the First Census to 
the Twelfth (1909), especially 128-131; Ab- 
stract of the Thirteenth Census, chs. ii, iii. 
E. Dana Durand. 



FOREIGN POLICY OF THE UNITED STATES 



Definition and Limitation. — Taken in its theory the line of demarcation between them is 



broadest sense, the term foreign policy of the 
United States might be made to cover a history 
of the foreign relations of the country. The 
more strict acceptation of the term, however, 
would seem to limit it to the peculiar and 
individual attitude adopted by the United 
States in its relations with other countries; 
or, in other words, to the special principles 
or policies which have been followed by the 
United States Government in its diplomatic 
intercourse with foreign states. It will thus 
exclude the policy which has led the nation 
to cooperate with other nations in establishing 
certain international institutions, such as the 
Postal Union, the International Health Office, 
the Union for the Protection of Industrial 
Property, which are, of their nature, equally 
serviceable to all nations. For the same rea- 
sons we may disregard international agree- 
ments, such as the Geneva Convention of 1864, 
and similar conventions adopted at the First 
and Second Hague Conferences, which are 
based on motives of humanity not peculiar to 
any one nation. The advocacy of international 
arbitration is a distinct feature of the foreign 
policy of the United States and the attitude 
of the Government on the question is the re- 
sult not of disconnected acts but of fixed prin- 
ciple {see American Arbitrations; Arbitra- 
tion and Peace ) . 

Analysis. — The distinctive foreign policy of 
a nation may be considered under three head- 
ings: (1) as dictated by the needs of foreign 
commerce, where the object in view is the ma- 
terial prosperity of the nation through the 
advancement of the individual prosperity of 
its citizens; (2) as dictated by national neces- 
sity, where the object in view is national self- 
preservation, here taken in the broad sense 
including the safety and peace of the state; 
(3) as dictated by national advancement, 
where the object in view is the aggrandizement 
of the nation as a political entity. In many 
cases it will be difficult to separate the third 
of these divisions from the second, but in 

35 



quite clear. 

In considering these three elements as deter- 
mining a state's foreign policy, account must 
be taken of the circumstances of national exist- 
ence. The geographic position of the United 
States removes it from the scene of European 
politics, and the domestic political principles 
upon which the new republic was built have 
indirectly affected the attitude of the Govern- 
ment in certain of its foreign relations. In 
attempting to analyze the various policies of 
the United States it will frequently be found 
that a given course of action has been dictated 
by several distinct considerations, each of 
which should be weighed. Moreover, the foreign 
policy of the United States, like that of other 
countries, is subject to inconsistencies due to 
the changes of political parties, or to changes 
in the sentiment of the people as a whole. 

Policy Determined by Needs of Foreign Com- 
merce. — Among the list of grievances set forth 
in the Declaration of Independence is found 
the clause "for cutting off our trade with all 
parts of the world," and, although the position 
of the clause in that document is not promi- 
nent, it is probable that the commercial restric- 
tions to which the colonies were subjected 
weighed as much with them as abstract the- 
ories of political rights. It was natural, there- 
fore, that in its first treaty with a foreign 
power, the new republic should seek to secure 
foreign markets from which it had been pre- 
viously excluded. In 1778 the United States 
negotiated with France a Treaty of Amity and 
Commerce, the articles of which are preceded 
by a preamble in which the parties adopt as 
"the basis of their agreement the most perfect 
equality and reciprocity." This preamble was 
pronounced by John Quincy Adams as being 
"to the foundation of our commercial inter- 
course with the rest of mankind what the 
Declaration of Independence was to that of 
our internal government." In 1784 Congress 
adopted certain resolutions for the guidance 
of American negotiators, which, besides requir- 



FOREIGN POLICY OF THE UNITED STATES 



ing that subsequent treaties should secure that 
the duties levied be those of the most favored 
nation, attempted to obtain for the United 
States the right to trade with the colonies of 
European nations. 

After many years of ineffectual negotiation, 
England finally responded to the efforts of the 
United States {see Counterv ailing Legisla- 
tion) and Jackson's proclamation, in 1830, 
opening the ports of the United States to Brit- 
ish vessels from British colonies upon equal 
terms with American vessels, was followed by 
reciprocal concessions on the part of England, 
The traditional commercial policy of the Unit- 
ed States finds a recent expression in Secretary 
Hay's circular note of July 3, 1900, formulat- 
ing the policy of the United States during the 
Boxer troubles: "The policy of the govern- 
ment of the United States is to . . . safe- 
guard for the world the principle of equal and 
impartial trade with all parts of the Chinese 
Empire" {see Open Dooe). 

Intimately connected with the development 
and extension of commerce is the freedom to 
navigate the trade routes of the world. For 
years the piratical states of northern Africa 
levied tribute upon commerce to Mediterranean 
ports. As this commerce constituted an impor- 
tant element of American foreign trade, in 
1784 Congress initiated negotiations with the 
Barbary Powers; and, subsequently, was able 
forcibly to compel a renunciation of all tribute. 

River Navigation. — The endeavor to secure 
the free navigation of international rivers, that 
is, of rivers which are not wholly within the 
jurisdiction of one country, formed the subject 
of long negotiations {see Navigation of In- 
ternational Rivers ) . When the colonies 
gained their independence, they found Spain 
occupying the lower portion of the Mississippi 
River and maintaining the right to close the 
navigation of that portion o* the river lying 
between its territories. In 1795 Spain yielded 
her claim {see Right of Deposit) ; but the 
United States had scarcely begun to enjoy the 
free navigation of the river when, in 1802, 
it was rumored that Spain had ceded Louisi- 
ana and the Floridas to France. Fearing that 
such a cession would deprive the United 
States of the privileges granted by Spain, 
Jefferson sent commissioners to France, and 
the purchase of Louisiana resulted. The prin- 
ciples asserted by the United States were for- 
mally promulgated by the Congress of Vienna, 
which, in an annex to the treaty of June 9, 
1815, laid down the rule that rivers traversing 
the territory of the signatory Powers should 
be open to the commerce of all nations. In 
1824 negotiations were begun with Great Brit- 
ain to secure the right of navigating the lower 
portion of the St. Lawrence River; but it was 
not until 1854 that the United States obtained 
that privilege, and even then it was granted 
subject to suspension upon notice. Finally, 
by the Treaty of Washington, in 1871, it was 



declared that the portion of the river lying 
wholly within British territory "shall forever 
remain free and open for the purposes of 
commerce to the citizens of the United States." 
By the same treaty, the Yukon, Porcupine, and 
Stikine rivers were likewise opened up to the 
commerce of both nations. In 1853 a treaty 
with the Argentine Republic confirmed the con- 
cession of the free navigation of the Parana 
and Uruguay Rivers. Treaties with Bolivia 
(1858) and Paraguay (1859), and a voluntary 
decree of Brazil (1866), opened up the Ama- 
zon, La Plata, and Paraguay rivers. 

Channels and Canals. — In 1853 the United 
States gave notice to Denmark of its unwill- 
ingness to submit any longer to the imposition 
of the Sound Dues, and in 1857 a treaty was 
concluded releasing United States vessels from 
the dues; the United States agreeing, however, 
to pay the sum of $393,011 in consideration 
of the maintenance by Denmark of the lights 
and buoys required for the navigation of the 
Sound. 

In regard to interoceanic canals, the policy 
of the United States is expressed in the Clay- 
ton-Bulwer Treaty {see) of 1850, by which the 
contracting parties agreed to "guarantee the 
neutrality thereof, so that the said canal may 
forever be open and free." In the Hay-Paunce- 
fote Treaty of 1901, the rules of the Convention 
of Constantinople of October 28, 1888, for the 
free navigation of the Suez Canal, are adopted 
by the United States as the basis of the neu- 
tralization of the Panama Canal: "The canal 
shall be free and open to the vessels of com- 
merce and of war of all nations observing these 
rules on terms of entire equality." 

Right of Search. — During the thirty years 
following the treaty of peace with England in 
1783, American commerce was greatly hamp- 
ered by the assertion of a right on the part 
of England to board American vessels and 
search them for the purpose of carrying off 
alleged deserters from the British service and 
of enforcing colonial trade restrictions. This 
practice was associated in time of war with 
the impressment {see) of American seamen 
claimed to be of British nationality. In 1792 
Jefferson sent positive instructions to the 
United States minister in England to the effect 
that "the simplest rule will be that the vessel 
being American shall be evidence that the sea- 
men on board are such." Even the War of 
1812 did not succeed in procuring the recogni- 
tion of the principle asserted by the United 
States. Webster restated it in 1842, and in 
1858 the Senate passed a resolution to the 
effect that the visitation or detention of an 
American vessel on the part of a foreign power 
in time of peace would be held to be "in dero- 
gation of the sovereignty of the United States" 
—after which the principle was recognized by 
Great Britain and came to have a fixed place 
in international law. The controversy over the 
right of search delayed, until 1862, the conclu- 



3G 



FOREIGN POLICY OF THE UNITED STATES 



sion of a treaty between the United States and 
England allowing a reciprocal right of search 
(see) within certain defined limits, for the 
purpose of suppressing the slave trade. 

Policy Dictated by National Necessity. Neu- 
trality. — When the colonies gained their in- 
dependence, they found themselves a new state 
in a new world. Although surrounded by Eu- 
ropean colonies, they were separated from the 
actual centers of European domination by the 
formidable barrier of an ocean. At the same 
time, their government was based upon princi- 
ples of individual liberty practically unrecog- 
nized in Europe. It was natural, therefore, 
that the new republic should adopt a policy of 
detachment from the political alliances by 
which the balance of power was being main- 
tained in Europe. It is true that in the dark 
hours of the American Eevolution, the colonies 
accepted aid from France at the price of an 
alliance; but the alliance was dictated by the 
exigencies of self-preservation, and did not rep- 
resent the adoption of a permanent policy. 
When war broke out between France and Eng- 
land in 179S, the question was raised as to 
the obligations imposed upon the United States 
by the treaties with France in 1778. The Unit- 
ed States had, by the treaty of alliance, guar- 
anteed to France for all time "the present 
possessions of the Crown of France in Amer- 
ica," but fortunately France did not demand 
the fulfillment of the guarantee. Jefferson 
took a determined stand and formulated a pol- 
icy of neutrality (see) based upon the two- 
fold principle that a nation has the right, as 
being sovereign within its borders, and the 
duty, as being neutral, of prohibiting acts of 
sovereignty from being exercised by either bel- 
ligerent to the injury of the other. June 5, 
1794, a neutrality act was passed defining the 
character of the prohibited acts and prescrib- 
ing penalties for their commission. 

Relations with American States. — The early 
policy of detachment from political connection 
with European nations dictated by the geo- 
graphic position and the constitutional prin- 
ciples of the United States found its comple- 
ment in the doctrine announced by Monroe in 
1823. In 1815, the Holy Alliance had been 
formed by Russia, Austria and Prussia, and 
was soon joined by France and Spain. In the 
summer of 1823, the allies gave notice of their 
intention to take joint action in deciding upon 
the fate of the revolutionary states of South 
America. December 2, 1823, President Monroe, 
in his message to Congress, declared that the 
United States "should consider any attempt" 
on the part of the allied powers "to extend 
their system to any portion of this hemisphere 
as dangerous to our peace and safety." The 
Monroe Doctrine (see) is thus based upon the 
fundamental principle of self-preservation, 
though it is true that commercial interests 
and the sympathy of the United States with 
the struggle of the South American colonies 



37 



for independence supported the stand taken by 
the Government. In the same message, Monroe 
also announced "that the American continents 
. . . are henceforth not to be considered as 
subjects for future colonization by any Euro- 
pean Powers." 

In December, 1851, the Hungarian patriot 
Kossuth (see) endeavored to secure interven- 
tion on the part of the United States in favor 
of his countrymen in their struggle for inde- 
pendence. Popular sentiment was aroused in 
his favor, but President Fillmore declined to 
intervene. 

In 1895, the United States intervened in 
favor of Venezuela (see) by proposing to Eng- 
land to submit the boundary controversy be- 
tween the two countries to arbitration, on the 
principle that, while the United States did not 
propose to relieve any American state "from 
its obligations as fixed by international law," 
at the same time, it could not allow .the en- 
forcement of those obligations to take the form 
of political control. 

In the case of Cuba, the intervention of the 
United States in 1898 was dictated by a de- 
termination to put an end to a situation which 
for many years had been seriously disturbing 
the peace of the United States. In 1906, the 
United States and Mexico took joint action in 
constraining Honduras, Guatemala and San 
Salvador to keep the peace; but this step was 
an exceptional one, and the general policy of 
the United States towards the states of Central 
America has been one of friendliness, with the 
endeavor to make clear to them that the Unit- 
ed States has no designs upon their territorial 
integrity. 

The acquisition of Florida in 1819 may, with 
some hesitancy, be classed as an act of na- 
tional necessity, and its close connection with 
the principle of the Monroe Doctrine pointed 
out. In a secret message to Congress in 1811 
President Madison recommended "the season- 
ableness of a declaration that the United 
States could not see, without serious inquie- 
tude, any part of a neighboring territory, in 
which they have in different respects so deep 
and so just a concern, pass from the hands of 
Spain into those of any other foreign power." 
An additional motive for the acquisition is 
stated by President Monroe in his message to 
Congress in 1819: "Falling into the hands of 
adventurers connected with the savages, it 
[Florida! was made the means of unceasing 
annoyance and injury to our Union in many 
of its most essential interests." 

Expatriation. — Owing to the necessity of pro- 
tecting its naturalized citizens, who by the year 
1840 were becoming an increasingly important 
element of its population, the United States 
was led to assert the doctrine of expatriation 
— that a man possesses the right to renounce 
his native citizenship and adopt that of an- 
other country, with the result of a release 
from all obligations to his native country. 



FOEEST SERVICE 



The existence of a definite policy in this mat- 
ter on the part of the Government is all the 
more marked in that the courts of the country, 
interpreting existing international law, had 
explicitly denied the doctrine (see Aliens). 
In 1848 Secretary Buchanan announced that 
naturalized citizens were entitled to the same 
rights and privileges as if they had been born 
in the country, and in 1853 those rights were 
claimed for one who had merely filed his in- 
tention to become a citizen (see Kozta 
Incident). Later Secretaries of State denied 
that the obligations of a citizen to his native 
country could be thus set aside, but in 1859 the 
right of expatriation was more positively as- 
serted than before. In 1868, Congress passed 
an act in which the right was declared to 
be a "natural and inherent" one. Since that 
time an endeavor has been made, but only with 
partial success, to obtain by treaty an acknowl- 
edgment on the part of other nations of an 
unqualified right of expatriation. 

Policy Dictated by National Advancement. 
Expansion. — The existence of a definite policy 
of expansion (see) on the part of the United 
States would be a difiicult proposition to prove, 
and yet in spite of repeated formal declara- 
tions by the Government that it has had no 
territorial ambitions, the fact remains that 
certain large territories not imperatively de- 
manded by the needs of the country have been 
successively acquired by the United States 
since the beginning of the nineteenth century. 
The acquisition of the whole of Louisiana, in 
1803, while not dictated by national necessity 
and not originally contemplated in the nego- 
tiations with France, was regarded by Jeffer- 
son as promising in due season "important 
aids to our Treasury, an ample provision for 
our prosperity, and a wide spread for the bless- 
ings of freedom and equal laws" — words which 
contain a suggestion of motives for future ex- 
tension of territory. In the acquisition of 
Florida, as has been pointed out, national self- 
development appears to have played a less im- 
portant part than national necessity. The ac- 
quisition of the territory ceded by Mexico in 
1848, at the close of the war, was rather the 
result of an opportunity grasped by the victor 
than of predetermined policy. The acquisi- 
tion of Alaska in 1867, due in large part to 
the exertions of Seward, met at first with an 
unfriendly reception on the part of the public, 
and within the next four years' two attempts 
on the part of the Government at foreign ex- 
pansion were checked by the Senate. Within 
the last two decades, imperialistic tendencies 
are distinctly manifested in the annexation of 
the Hawaiian Islands in 1898, in the acquisi- 
tion of the Philippines and Porto Rico in the 
same year, and in the acquisition of the Samo- 
an Islands in 1899. 

See Annexation, Diplomatic Principles 
of; Annexations to the United States; Ar- 
bitration and Peace; Blockade; Canal Di- 



plomacy; Chinese Immigration; Claims, In- 
ternational; Colonization, Principles of; 
Commerce, International; Commercial Pol- 
icy and Relations of the United States; 
Consular Service; Diplomacy and Diplo- 
matic Usage; Drago Doctrine; Expatria- 
tion ; Extraterritoriality ; International 
Law, Influence of the U. S. on; Interna- 
tional Unions; Maritime War; Monroe 
Doctrine; Nationality; Pan American Con- 
gresses; Recognition of New States; Trea- 
ties of the United States; War, Inter- 
national Relations of; diplomatic relations 
with countries by name; diplomats by name. 

References: J. B. Moore, Am. Diplomacy 
(1905), Digest of Int. Law (1906); J. W. 
Foster, Century of American Diplomacy 
(1900), Am. Diplomacy in the Orient (1903) ; 
A. B. Hart, Foundations of Am. Foreign Policy 
(1905), ch. vii.; A. C. Coolidge, U. 8. as a 
World Power ( 1908 ) ; W. H. Trescot, Dip. 
Hist, of the Rev. (1852), Dip. Hist. Adminis- 
tration of Washington and Adams (1857) ; U. 
8. Diplomatic Correspondence (annual since 
1861), since 1870 called Foreign Relations of 
the U. 8.; P. S. Reinsch, World Politics 
(1900) ; American 8tate Papers, Foreign Rela- 
tions ( 1789-1828 ) ; bibliography in A. B. Hart, 
Foundations of Am. Foreign Policy (1905), ch. 
viii, Manual (1908), passim; J. B. Henderson, 
Jr., Am. Diplomatic Questions (1901) ; T. Ly- 
man, Jr., Diplomacy of the United States (2d 
ed., 1828) ; Eugene Schuyler, Am. Diplomacy 
and the Furtherance of Commerce (1886) ; Am. 
Acad, of Pol. and Soc. Sci., Annals (1889) ; 
T. S. Woolsey, America's Foreign Policy 
(1898). Charles G. Fenwick. 

FOREST SERVICE. The Forest Service is 
a division of the Department of Agriculture 
(see Agriculture, Department of) under the 
charge of the Forester. He first took charge of 
the national forests, through their transfer 
from the Department of the Interior on Feb- 
ruary 1, 1905. The total area of the national 
forests, June 30, 1910, was 166,103,621 acres 
in the United States, exclusive of 26,761,626 
acres in Alaska, and 65,950 acres in Porto 
Rico. The Forest Service undertakes the main- 
tenance of these forest lands, the cutting and 
sale of timber, protection against fire, artificial 
reforestation in default of natural reproduc- 
tion, the development of mineral lands and of 
water power, the regulation of grazing in for- 
est reservations, and the study of problems of 
utilization of forest products. The work of the 
service is carried on by the five branches of 
lands, operation, silviculture, grazing, and 
products. The Forest Service received an ap- 
propriation for the fiscal year ending June 30, 
1910, of $4,646,206, and employed a force of 
2,536 men. See Conservation; Education in 
Forestry; Public Lands, Reservation of. 

Reference: U. S. Forest Service, Annual Re- 
ports. A. N. H. 



FORESTRY, EDUCATION IN— FORTY-NINERS 



FORESTRY, EDUCATION IN. See Educa- 
tion in Forestry. 



FORFEITURES. 

URES. 



See Fines and Forfeit- 



forfeitures as a source of rev- 
enue. Considerable amounts of property 
come into the hands of various governments, 
either by abandonment by the owners, or 
through seizures resulting from detected 
frauds. 

Abandoned Property. — In the first class is 
the taking over of real estate because of un- 
paid taxes. In some states, as New York, 
taxes sometimes accumulate for ten years, but 
in most states, non-payment for two or more 
years is a legal ground for taking possession 
of the property, and selling it. Any sum real- 
ized over the taxes is commonly turned over 
to the owner if any is found; and he has also 
a right of redemption from the purchaser, 
within a fixed limit of time. Where there is 
no market for such real estate, the forfeitures 
may accumulate in the hands of the govern- 
ment, as is the case in the Adirondacks where 
such lands form the basis of the state forest 
reservation. 

Imported goods which are not claimed, or on 
which the duty remains unpaid, are also sub- 
ject to forfeiture and are from time to time 
sold at auction for the benefit of the Treasury. 
Unclaimed savings banks deposits are in some 
states, as Massachusetts, eventually turned 
over to the state, though in such cases the 
claim of a legal owner would be recognized. 
The transfer of the real estate of persons dy- 
ing intestate and without heirs is akin to 
forfeiture. 

Forfeitures for Fraud. — The most active 
practice on forfeitures' arises in the formal 
seizure of taxable property because of an at- 
tempt to evade the taxes. Under the internal 
revenue system {see) liquors, tobacco and other 
subjects of taxation may be seized, either at 
the factory or in transit, or in the hands of 
purchasers if the tax has been evaded. Seiz- 
ures of imported goods are frequent; in many 
cases they are sold for the benefit of the gov- 
ernment; in other cases the owner is allowed 
to pay a penalty and retain the goods. Of 
late years the seizures of passengers' baggage 
have been frequent. The forfeitures reported 
by the treasury for the fiscal year 1910-1911 
were $597,416.58. 

Bail. — Forfeitures of cash bail or recovery by 
suit against the sureties on the bond are fre- 
quent. A recognized method of escape from 
prosecution is to find friends who will put up 
the bail with the understanding that the per- 
son bailed will disappear. The annual amount 
of such forfeitures is impossible to estimate, 
but undoubtedly runs into the millions. 

See Fines as Sources of Revenue; Frauds 
on the Treasury; Passengers' Baggage, 



Duties on ; Revenue, Public, Source of ; Tae- 
iff Administration. 

References: U. S. Sec'y of the Treasury, 
Annual Reports; U. S. Statistical Abstract. 
Albert Bushnell Hart. 

FORTIFICATIONS. During colonial times 
small forts were built at most of the coast 
settlements, such as Jamestown, Boston, New 
Amsterdam, for protection from pirates and 
foreign enemies; and as settlement progressed 
frontier forts were built for protection against 
Indians and their foreign allies such as Fort 
Orange, Fort Cumberland. Under the new Con- 
stitution, the Federal Government took over 
almost all the fortifications that were still in 
existence; and has continued the system of ex- 
ternal defences and internal posts. The ex- 
ternal defences have, from time to time, been 
modified to agree with the growth of the art of 
war (see Coast Defences) ; the internal posts 
have now long ceased to be necessary for pro- 
tection against Indians; but most of them are 
still in existence, either as almost abandoned 
barracks, or as camps for the instruction and 
the housing of the Federal Army. 

The present tendency is to abandon the posts 
situated within the limits of populous cities. 
Military fortifications of any kind are not 
constructed till the state authorities, if there 
be such, have ceded jurisdiction over the site 
to the Federal Government. 

The question of fortifying the Panama Canal 
has recently increased interest in this matter. 
The fortifications for the defense of the Pana- 
ma Canal, appropriations for which were made 
in 1911, will consist, first, of seacoast forts at 
each terminal and, second, of field fortificar 
tions around the locks. The object of the sea- 
coast forts is to prevent an enemy in war from 
blocking the canal by sinking vessels within, 
and to provide an area at each end in which! 
our own fleet can emerge and take up battle 
formation under the protection of the fire from 
our own forts. The plan of fortification was 
drawn by a board consisting of selected offi- 
cers of the Army and Navy. Approximately 
$6,000,000 has been appropriated for the pur- 
pose. 

See Army, Standing; Coast Defence; Mil- 
itary Discipline; Military Law; Military 
Prisons; Military Reservations; Navy 
Yards; Posts, Military. 

References: H. V. von Schwartz, Influence of 
Port Arthur on Modern Fortresses (trans. 
from Russian, 1908) ; U. S. Board on Fortifi- 
cations, Report, 1886; U. S. Naval, Military 
and Electrical General Office, Study of Exposed 
Points on our Frontier (1885) ; U. S. Ordi- 
nance and Fortification Board, Annual Reports. 
Albert Bushnell Hart. 

FORTY-NINERS. Those who migrated to 
California at the time of the great gold fever 
in 1849. See California. O. C. H. 



FOURTEENTH AMENDMENT 



FOURTEENTH AMENDMENT 



Section 1. All persons born or naturalized in the 
United States, and subject to the jurisdiction 
thereof, are citizens of the United States and of 
the State wherein they reside. No State shall 
make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United 
States ; nor shall any State deprive any person of 
life, liberty, or property, without due process of 
law ; nor deny to any person within its jurisdiction 
the equal protection of the laws. 

Section 2. Representatives shall be apportioned 
among the several States according to their re- 
spective numbers, counting the whole number of 
persons in each State, excluding Indians not taxed. 
But when the right to vote at any election for the 
choice of electors for President and Vice President 
of the United States, Representatives in Congress, 
the Executive and Judicial officers of a State, or 
the members of the Legislature thereof, is denied 
to any of the male inhabitants of such States, 
being twenty-one years of age, and citizens of the 
United States, or in any way abridged, except for 
participation in rebellion, or other crime, the basis 
of representation therein shall be reduced in the 
proportion which the number of such male citi- 
zenns shall bear to the whole number of male citi- 
zens twenty-one years of age in such State. 



Section 3. No person shall be a Senator or Rep- 
resentative in Congress, or elector of President and 
Vice President, or bold any office, civil or military, 
under the United States, or under any State, who, 
having previously taken an oath, as a member of 
Congress, or as an officer of the United States, or 
as a member of any State legislature, or as an 
executive or judicial officer of any State, to sup- 
port the Constitution of the United States, shall 
have engaged in insurrection or rebellion against 
the same, or given aid or comfort to the enemies 
thereof. But Congress may by a vote of two- 
thirds of each House, remove such disability. 

Section 4. The validity of the public debt of the 
United States, authorized by law, including debts 
incurred for payment of pensions and bounties for 
services in suppressing insurrection or rebellion, 
shall not be questioned. But neither the United 
States nor any State shall assume' or pay any 
debt or obligation incurred in aid of insurrection 
or rebellion against the United States, or any 
claim for the loss or emancipation of any slave ; 
but all such debts, obligations and claims shall be 
held illegal and void. 

Section 5. The Congress shall have power to 
enforce, by appropriate legislation, the provisions 
of this article. 



Adoption. — Of the five sections of the Four- 
teenth Amendment, the second was the first to 
make its appearance in Congress. It was de- 
vised to curtail the increased political power 
of the South resulting from the abolition of 
slavery and the consequent necessity of count- 
ing not three -fifths of the negroes but all of 
them, in determining the apportionment of rep- 
resentatives in Congress (Art. I, Sec. ii, ^ 3). 
What was intended by the authors of the sec- 
ond section, therefore, was that the southern 
states should either enfranchise the freedmen, 
who, it was reckoned, would vote with the Re- 
publican party, or have their representation 
proportionately diminished. The third section 
was also prompted by obvious political motives. 
The fourth expressed current apprehensions. 
Section 1 was designed to override the Dred 
Scott decision and confer citizenship upon the 
negro race, and to put the principles of the re- 
cent civil rights bill, which decreed equal civil 
rights for negroes and whites within the states, 
upon a legally indefeasible basis, as well as to 
put them beyond the reach of repeal should 
the Democratic party come into power. Sec- 
tion 5 was designed to give Congress the power 
to carry out the provisions of the other sec- 
tions but particularly the provisions of Section 
1. 

The amendment having passed the two hous- 
es by the required two-thirds majority was 
certified to the states by Secretary Seward 
June 16, 1866. Of the states that had recently 
attempted secession Tennessee at once ratified 
and was in consequence promptly restored by 
Congress to representation in that body. In 
the ensuing congressional campaign the issue 
was plainly whether the Johnsonian state gov- 
ernments should be recognized by Congress and 
their representatives seated, or whether they 



must first adopt the proposed amendment under 
pain of being set aside if they did not do so. 
The result of the election was the return to 
Congress from the northern states of a larger 
Republican majority than before, but the 
presidential governments, owing partly to 
Johnson's own blindness in the matter, failed 
to heed the warning. Before January 1, 1867, 
all of them but three had rejected the proposed 
amendment by large votes, and the remaining 
three soon followed suit. With these results 
before it, Congress decided to undertake the 
work of reconstruction (see) itself, upon the 
basis of negro suffrage (see Negro Suffrage) : 
and the new governments established upon 
this foundation promptly proceeded to 
ratify the amendment. Meantime, however, 
the legislatures of Ohio and New Jersey had 
passed resolutions rescinding their previous 
acts of ratification. Brushing aside these res- 
olutions as unallowable, Congress, on July 21, 
1868, declared "the Fourteenth article . . . 
a part of the Constitution of the United 
States" and ordered the Secretary of State to 
promulgate it as such. Seven days later Mr. 
Seward complied, but not until Georgia's ratifi- 
cation of the Amendment had rendered the 
question of the effect of Ohio and New Jer- 
sey a purely academic one. 

The VitalJPortions. — The subsequent, history 
of the Fourteenth Amendment has confined its 
vitality to the two final clauses of the first 
section. Thus the fourth section, for which 
there was probably no serious need at any 
time, produced its result automatically upon 
the adoption of the amendment. The third 
section was largely eliminated by the Amnesty 
Act (see) of May 22, 1872, by which Con- 
gress removed the disabilities imposed by that 
section from all southern leaders, save only 



40 



FOURTEENTH AMENDMENT 



those who had served in the 36th or 37th Con- 
gresses or had, previous to the war, held judi- 
cial, military, naval, or diplomatic office under 
the United States, or had been heads of depart- 
ments in ministerial office. The second section 
has eventually met the same general fate, since 
the forfeiture contemplated by it has never 
been exacted. This has been due principally 
to two causes. Originally, when the sentiment 
of the Republican party would have supported 
such exaction, it appeared to have been ren- 
dered unnecessary by the Fifteenth Amend- 
ment (see). Latterly, though the negro is 
largely kept from voting under the new south- 
ern constitutions by tests which the Four- 
teenth Amendment does not reach, that senti- 
ment has, for abiding reasons, much dimin- 
ished; and even had it not, with the Demo- 
cratic party in possession of the Government 
(1914), the idea of cutting down southern rep- 
resentation in Congress by an application of 
the provisions of the Fourteenth Amendment 
becomes farcical. 

Interpretation of the First Section. — Turning 
to the first section, there can be no doubt that 
the minimum expectation of its framers was 
that it would make the first eight amendments 
binding upon the states, as they already were 
upon the Federal Government, and that it 
should be susceptible not only of negative en- 
forcement by the courts but also of direct 
positive enforcement by Congress. Moreover, 
Congress undertook to act upon this theory 
without delay. In 1870 it passed the Enforce- 
ment Act, providing penalties not only 
against state officers, but also against private 
persons who should, under color of any law, 
statute, ordinance, regulation, or custom, . de- 
prive anyone of his civil rights and civil equal- 
ity. A year later it passed the "Ku-Klux Act" 
of the same general import, and in 1S75 the 
Civil Rights (see) Act, decreeing the "equal 
enjoyment of the accommodations ... of 
inns, public conveyances, . . . theatres 
and other places of amusement ... to 
citizens of every race and color regardless of 
any previous condition of servitude." The pur- 
port of this legislation is palpable; it rested 
upon an interpretation of the Fourteenth 
Amendment which put Congress in a position 
to control at its discretion all the ordinary 
relations of private persons within the United 
States. A single obstacle to the final estab- 
lishment of this view remained, namely the 
United States Supreme Court, but it soon be- 
came evident that this obstacle was insur- 
mountable. 

By a series of decisions the most important 
of which were those in the Slaughter-House 
cases and the Civil Rights cases, in which 
latter the act of 1875 was overturned, the Su- 
preme Court established the following princi- 
ples: (1) that the prohibitions of the Four- 
teenth Amendment are addressed to the states 
as such and not to private persons; (2) that 



these prohibitions contemplate only positive 
state acts and not acts of omission; (3) that 
the amendment recognizes a distinction between 
state citizenship and United States citizenship ; 

(4) that it protects from state abridgement 
only "the privileges and immunities" which 
the Constitution by its other provisions be- 
stows upon "citizens of the United States" as 
such. The underlying ratio decidendi of these 
decisions is indicated by the following passage 
from Justice Miller's opinion in the Slaughter 
House (see) cases: "Was it the purpose of 
the Fourteenth Amendment, by the simple dec- 
laration that no state should make or enforce 
any law which shall abridge the privileges and 
immunities of citizens of the United States, to 
transfer the security and protection of all 
. . . civil rights . . . from the states 
to the Federal Government? And where it is 
declared that Congress shall have the power 
to enforce that article, was it intended to bring 
within the power of Congress the entire do- 
main of civil rights heretofore belonging exclu- 
sively to the states? . . . We are con- 
vinced that no such results," results which 
would radically change "the whole theory of 
the relations of the state and Federal govern- 
ments to each other and ... to the 
people," "were intended by the Congress which 
proposed these amendments, nor by the legis- 
latures which ratified them." 

Subsequent developments in the field of con- 
stitutional interpretation have rendered the 
two final clauses of the first section the most 
effective of all constitutional checks upon state 
legislative power, save only perhaps the com- 
merce clause of the Constitution. The check 
in question however is exercised exclusively by 
the judiciary and proves of little value to the 
negro voter, since the court, not regarding the 
right of suffrage as a property right, withholds 
from it the protection of injunction (Giles 
vs. Harris, 189 U. 8. 474). The general sub- 
ject of the interpretation of the due process of 
law clause of the Fourteenth Amendment is 
treated of in the article on due process of law 

(see Law, Due Peocess of). 

See Citizenship in the United States; 
Civtl Rights, Constitutional Guaranties 
of; Constitution of the United States, 
Amendents to; Due Process of Law; 
Equality Before the Law; Freedom of Con- 
tract ; Judicial Proceedings ; Munn vs. Illi- 
nois; Person, Legal Sense of; Privileges 

AND IiOIUNITIES. 

References: W. A. Dunning, Reconstruction, 
Political and Economic (1907), 66-68, 85-125, 
260-265, Documentary History of the U. 8. 
of America, II (1894), 638-794; H. E. Flack, 
Adoption of the Fourteenth Amendment 
(1908) ; W. D. Guthrie, Lectures on the Four- 
teenth Amendment (1898) ; F. J. Swayze, "Ju- 
dicial Construction of the Fourteenth Amend- 
ment" in Harvard Law Review, XXVI (1912), 
No. 1. E. S. Corwtn._ 



41 



FKAKCE, DIPLOMATIC RELATIONS WITH 



FRANCE, DIPLOMATIC RELATIONS WITH 



Earliest Treaties (1778-1793).— In seeking 
international standing, after the revolt against 
England, the United States turned to France. 
Negotiations through Franklin resulted (Feb- 
ary 6, 1778) in a treaty of amity and com- 
merce and also a treaty of alliance, by which 
the United States, in recognition of French 
aid, guaranteed the French possessions in 
America and agreed to receive her prizes into 
American ports. In the peace negotiations of 
1782, however, France favored the Spanish 
proposal of cis-Appalachian limits. 

In 1784 Franklin signed a consular conven- 
tion which proved unacceptable and which was 
somewhat altered by Jefferson in 1788 so as 
to conform to the plans of Congress. After re- 
ceiving the unanimous consent of the Senate it 
was made effective by Congress (April 14, 
1792). 

Meanwhile the tendency of American com- 
merce, in spite of royal French decrees, to re- 
vert to its old channels, produced dissatisfac- 
tion in France. The French Government also 
complained in 1790 that the tariff legislation 
of Congress, which included a discriminating 
tonnage duty, was an infraction of the treaty 
of 1778, and adopted retaliatory measures. In 
1792, following instructions of Secretary Jef- 
ferson, who desired to secure a new commercial 
convention, Gouverneur Morris (July 9) be- 
gan negotiations, the course of which were 
radically changed by the revolutionary pro- 
ceedings of August. 

Struggle for Neutrality (1793-1796).— At 
the opening of war between France and Eng- 
land in 1793, the United States and France 
became involved in embarrassing controversies 
and discussions concerning the construction 
and enforcement of their treaties. France, un- 
der the treaty of 1778, claimed the right to 
adjudicate, sell and refit her prizes in Ameri- 
can ports; and under the convention of 1788 
claimed a consular jurisdiction embarrassing 
to a neutral. The American Government under 
the circumstances of the war claimed release 
from the treaty obligations of guaranteeing 
the French West Indies. 

In the interest of national salvation, Wash- 
ington issued (April 22, 1793) a proclamation 
of neutrality. Genet, who arrived at Charles- 
ton June 8, expecting to use American terri- 
tory as a base to recover Louisiana, imperti- 
nently claimed privileges even beyond those 
granted by treaty; and, in defiance of Wash- 
ington's proclamation, proceeded to fit out 
French privateers for which he demanded per- 
mission to return with their captures. The 
American Government objected, demanded the 
return of British prizes seized in American 
waters, and maintained that American courts 



instead of French consular courts should de- 
termine whether captures had been made in 
American waters. In August it requested the 
recall of Genet, which was accorded by the 
French Government. 

May 9, 17 93^ the French national convention 
threatened American commerce by directing 
French armed vessels to seize ships carrying 
merchandise belonging to the enemy or bound 
for the enemy's port. Later it placed an em- 
bargo on American vessels at Bordeaux and 
captured American ships and goods. 

Meantime Gouverneur Morris, appointed 
minister to France in 1792, had become un- 
acceptable to the revolutionary party; and, 
on request of the French executive council, 
Washington recalled him (May 27, 1794) and 
appointed James Monroe as successor, instruct- 
ing him to protest against illegal seizures and 
violations of treaties, to remove the suspicions 
concerning the Jay mission {see), and to seek 
French aid in obtaining from Spain the free 
navigation of the Mississippi. To Monroe, 
who was cordially received, the Directory com- 
plained of violations of both the treaty of 1778 
and the consular convention of 1788, and of 
discrimination against France by the clause of 
the Jay treaty relating to contraband. Monroe 
was recalled in disgrace in 1796, and Adet was 
recalled from Philadelphia, leaving no French 
minister until 1800. Meanwhile the Directory 
refused to receive or recoginze Pinckney or any 
American minister, until the American Govern- 
ment should make reparation; and issued new 
decrees aiming to destroy American commerce 
and prefiguring the later Berlin and Milan 
decrees. 

Pinckney was compelled to retire to Amster- 
dam, but later returned to Paris in 1797 with 
John Marshall and Elbridge Gerry whom Pres- 
ident Adams had appointed to join him in the 
French mission; but they failed to open direct 
negotiations with Talleyrand who seemed to 
prefer preliminary clandestine communication 
through secret agents who demanded a na- 
tional loan and individual bribes. Later 
(March 18, 1798) Talleyrand was disposed to 
treat with Gerry alone who, although he re- 
mained in Paris after the departure of his col- 
leagues, declined to enter into formal negotia- 
tions. 

The return of Marshall and Gerry caused 
Congress to suspend commercial intercourse 
with France and her dependencies, to prepare 
for war (May 28 and June 22, 1798) and to 
declare (July 7) the abrogation of treaties. 
There were actual hostilities at se'a in several 
instances. 

Later assurances made to William Vans 
Murray, American minister at the Hague, that 



42 



FRANCE, DIPLOMATIC RELATIONS WITH 



France desired to treat through a suitable en- 
voy, resulted in the appointment by President 
Adams (without consultation of his cabinet), 
of a new temporary commission — with instruc- 
tions to assume that previous French treaties 
bad been revoked by Congress; to demand in- 
demnity for damages to American commerce 
before July 7, 1798 (date of abrogation of the 
treaties ) ; to make a treaty ( limited to twelve 
years) free from previous objectionable pro- 
visions; and to establish a claims commission. 
After tedious negotiations with Napoleon, who 
insisted that the previous treaties were in 
force, the commission abandoned its instruc- 
tions by sacrificing the French spoliation 
claims (see) ; but secured a temporary conven- 
tion (September 30, 1800) which (after 
amendment by the Senate and Napoleon) re- 
leased the United States from the treaty obli- 
gations of 1778 and France from responsibility 
for all damages. 

Louisiana and Commerce (1803-1812). — This 
adjustment delivered the United States from 
the perils of war and made possible the peace- 
ful acquisition of Louisiana (see) from France 
three years later by negotiations of Livingston 
and Monroe. That transaction was followed 
by diplomatic correspondence relating to dis- 
puted boundaries of the territory acquired; 
and later by efforts to get French cooperation 
in the negotiations with Spain — until the later 
Napoleonic decrees and reprisals on neutral 
commerce, met by the vigorous but unsuccess- 
ful protests of Armstrong at France, gave a 
new turn to diplomatic relations. 

Spoliation Claims (1814-1836). — For a quar- 
ter of a century after the restoration of the 
Bourbons in 1814 Franco-American relations 
were comparatively unimportant. Aside from 
questions arising from the French occupation 
of Spain in 1823, the most important diplo- 
matic question was the French Spoliation 
claims for injuries to American commerce by 
the Berlin and subsequent decrees; which, af- 
ter awaiting a more stable French government, 
began to be pressed by Secretary Adams in 
3819. At the same time France claimed dam- 
ages for alleged violations of the "favored na- 
tion" clause of the treaty of 1803. On these 
subjects Adams and De Neuville the French 
minister could reach no agreement — although 
they negotiated (1822) a convention of navi- 
gation and commerce greatly reducing discrim- 
inating duties. 

The claims remained unsettled until by the 
Rives-Sebastiani treaty of July 4, 1831, France 
agreed to pay 25,000,000 francs in satisfaction 
of certain claims. The delays of the French 
chamber of deputies, and the refusal (April, 
1834) to appropriate the necessary money re- 
sulted in the recall of Livington from Paris 
in 1835, followed by the recall of Pageot from 
Washington. Although diplomatic relations 
were suspended for over a year, the French 
Government, partly through mediation of 
52 43 



Great Britain, soon took steps toward their 
restoration by providing for payment of the 
obligations. 

Treaty Relations (1840-1853).— In 1841, 
Lewis Cass, the American minister at Paris, 
protested against the quintuple treaty which 
tended to show the American Government in a 
bad light. A treaty of extradition was signed 
November 9, 1843. A consular convention con- 
cluded in 1853 contained a provision protect- 
ing consuls against compulsory appearance as 
witnesses before courts, the violation of which 
in 1854, at San Francisco, occasioned serious 
complications which, however, were happily ad- 
justed. 

French Policy under Napoleon III (1852- 
1867). — American diplomatic correspondence 
from the accession of Napoleon III to the 
French throne shows increasing apprehen- 
sions of the tendency of French diplomacy in 
Mexico, and of concerted action of France and 
England in a policy relating to Cuba and the 
political adjustment of the Americas. 

Franco-American relations during the Civil 
War, often severely strained, were largely de- 
termined by Napoleon's policy in Mexico, and 
by the determined and persistent watchfulness 
of the American Government to prevent Euro- 
pean recognition of the Confederate insurgents. 
Intervention in the Civil War for a time 
seemed likely through the concerted action of 
European powers under the influence of Na- 
poleon; the American Government never ceased 
opposition to Napoleon's Mexican expedition, 
which in spite of his friendly assurances, was 
regarded as a deliberate attempt to establish 
a Latin American barrier against American 
influence on the continent. The establishment 
of the Franco-Maximilian empire in 1864 
was regarded as a blow at the Monroe 
Doctrine, and its bearing upon the future poli- 
tics of the American continent was a sub- 
ject of much speculation and concern. Rela- 
tions were further strained by apprehension 
that a Franco-Confederate alliance would 
be formed as a counterpoise to the strength of 
the United States, and as a strategic step in 
the extension of French dominion southward 
from Mexico to the gate of the isthmus. Af- 
ter the failure of the Confederate attempt to 
destroy the Union, American diplomacy suc- 
cessfully centered its efforts on urging the 
withdrawal of French troops by which Maxi- 
milian had been sustained. 

Franco-Prussian War. — During the Franco- 
Prussian War of 1870 the American diplo- 
matic representative at Paris assumed a posi- 
tion of unusual prominence. While maintain- 
ing friendly relations with the French he ren- 
dered important services to the German and 
other foreign residents of Paris and to the 
Prussian Government. 

Later Questions (1870-1898). — Among the 
subjects affecting diplomatic relations after 
1870, the most important, aside from questions 



FRANCHISE— FRANCHISES, CORPORATION, FINANCIAL' ASPECTS OF 



incident to naturalization and citizenship, were 
the formation in 1881 of a French company for 
the construction of a canal across the Isthmus 
of Panama (see), and French restrictions on 
the importation of American pork products. 
These latter were a theme of continuous diplo- 
matic correspondence from 1880 until their 
repeal was secured, in 1891, by Whitelaw Reid, 
the American minister, after the enactment of 
American legislation providing for thorough in- 
spection of all meats intended for exportation. 

A claims convention concluded in 1880, was 
supplemented in 1882 and 1883. A reciprocity 
arrangement of May 28, 1898 (followed by the 
negotiation of a reciprocity convention of July 
24, 1899, which, however, was not ratified) was 
amended and supplemented on August 20, 
1902. 

Relations Since 1898. — Although French sym- 
pathy for Spain early in the Spanish-American 
War was noticeable, the Government was ir- 
reproachable in its conduct and the French 
minister at Washington tactfully performed 
the delicate task of opening negotiations for 
peace. Later signs of ill-will caused by the 
American policy in the Far East — especially 
the American opposition to the designs of Rus- 
sia, the ally of France — have more recently 
been succeeded by good feeling illustrated by 
several international amenities. With the elim- 
ination of the last real danger from conflict- 
ing interests by the American purchase of the 
property of the bankrupt French Panama Canal 
Company, Franco-American relations are on a 
more satisfactory basis than they have been for 
a century. An arbitration convention of 1899 
was concluded in 1907. A more comprehensive 
arbitration treaty was signed on August 2, 
1911, but was emasculated by the Senate, 
March, .1912. 

See Berlin Decree; Boundaries of the 
United States, Exterior; Canal Diplo- 
macy; Claims, International; Commerce, 
International ; Contraband ; Diplomacy and 
Diplomatic Usage; French Panama Canal; 
French Spoliation Claims; Louisiana An- 
nexation; Maritime War; Mexico, Diplo- 
matic Relations with; Milan Decree; Mon- 
roe Doctrine; Neutrality, Principles of; 
Neutral Trade; War, International Rela- 
tions of; Wars of the United States. 

References: F. Bancroft, William H. Seward 
(1900), passim; John Bigelow, Retrospections 
(1910), France and the Confederate Navy 
(1888) ; J. M. Callahan, Evolution of Seioard's 
Mexican Policy (1909) ; A. C. Coolidge, U. 8. 
as a World Power (1908), ch. x; W. E. Curtis, 
U. 8. and Foreign Powers (1892), ch. xiii; T. 
B. Edgington, Monroe Doctrine (1904), ch. x; 
J. H. Latane, Am. as a World Power (Am. Na- 
tion, XXV), 65-67, Dipl. Relations of U, 8. 
and Sp. Am. (1900), ch. v; W. M. Malloy, 
Treaties of the 77. 8. (1910), I, 468-549; J. B. 
Moore, Int. Arbitrations (1898), II, 1133-1184, 
V, 4399-4485, Digest of Int. Lomi (1906), I, 



119-128, 249-254, III, 588, V, 586-615, 552, 
336, 356, 363, 259, VI, 7, 22; F. A. Ogg, Open- 
ing of the Mississippi (1904), passim; W. H. 
Seward, Works, V (1884), passim; Corresp., 
Dip. U. S. for 1861-65, passim; Am. Annual 
Cyclopedia, 1861-1865; Atlantic Monthly, LX 
(1887), 318-326; ibid, XLIV (1889), 220-239; 
Nation, XLII (1888), 360-361, 457, 458; ibid, 
LI (1890), 144; Penna (Monthly), XXIII, 92. 
J. M. Callahan. 

FRANCHISE. See Suffrage; Woman 
Suffrage. 

FRANCHISES, CORPORATION, FINAN- 
CIAL ASPECTS OF. A corporate franchise is 
to be sharply distinguished from a corporate 
charter. A charter is the grant from the 
state to an association of individuals of 
the right to do business as a corporation. 
A franchise is an authorization to a corpora- 
tion to occupy a particular street or highway 
with its pipes, wires, tracks, etc. It is the 
permission to use public property given to a 
private corporation. The use is generally re- 
garded as connected with the public interest. 
The granting of the franchise is usually in 
the power of the municipal body having juris- 
diction over the property to which the fran- 
chise relates. The company which desires to 
do business in the streets of a city must, there- 
fore, first obtain authority from the city to 
carry on these operations, and the city is 
allowed to make such provisions or conditions 
as it may wish. The city can drive a bargain 
for the use of its property and can name such 
conditions as it can induce the company to 
accept as a condition of their using the streets. 

Franchises were formerly, with few excep- 
tions, granted in perpetuity, and were given 
to corporations with little rr no compensation 
to the cities. It was the general opinion that 
the great benefits which cities derive from 
the construction of electric railways, and gas 
plants, were sufficient compensation for the 
benefits derived by the companies. The risk 
in these undertakings was also, until recent 
years, considerable, and it was difficult to ob- 
tain the large amounts of capital necessary un- 
less liberal terms were extended by the city. 

In recent years, public opinion upon the sub- 
ject of public service franchises has radically 
changed. It is now recognized and admitted 
by company officials that the business of sup- 
plying transportation, light and power in large 
cities is safe and highly remunerative. Capital 
can be secured for these enterprises to any 
desired amount. The value of the monopolistic 
privileges, conferred by franchises is, moreover, 
constantly increasing as the cities grow in 
size. It is now quite generally believed 
that franchises should be granted only for 
limited terms; the state of New Jersey, for 
example, limits the duration of franchises to 
twenty years, and that they should provide for 



44 



FRANCHISES, CORPORATION, LEGAL ASPECTS OF 



proper compensation to the city. The plan of 
compensation which is gaining in favor is that 
of Chicago, where the city and the Chicago 
Railways Company divide the net earnings, 
55 per cent to the city, and 45 per cent to 
the company. A similar plan providing for 
the equal division of all profits, after six per 
cent has been paid on the stock, is provided 
in the contract between the city of Philadel- 
phia and the Philadelphia Rapid Transit Com- 
pany. Provision is also usually made in fran- 
chise contracts for the performance of certain 
duties by the company, such as keeping the 
streets in repair and free from snow and ice. 
In order that capital may not be discouraged 
from investing in the securities of public serv- 
ice corporations by these restrictions, provision 
is now usually made for compensation to in- 
vestors of the old company in case the fran- 
chise contract is not renewed. In Chicago, 
for example, the contract between the city and 
the Railways Company provides that at the 
termination of the agreement, the city can take 
the property at its original value plus the 
cost of the additions authorized by the board 
of supervising engineers; or a private com- 
pany, if nominated by the city, must pay to 
the present company, the same amount, plus 
ten per cent. In the renewal franchise the city 
can make such terms as it finds expedient. No 
difficulty has been encountered by the Chicago 



Railways Company in obtaining large amounts 
of capital under this contract. 

See Monopolies; Public Service Corpora- 
tions; Securities, Federal Commission on. 

References: G. C. Sikes "Question of Fran- 
chises" in Atlantic Mo., XCI (1903), 408; 
"Should Franchises be Capitalized?" in Out- 
look, XXXVI (June 15, 1907), 313-314; A. 
W. Spencer, " Should Public Franchises be 
Treated as Corporate Property?" in Am. Acad, 
of Pol. and Soc. ScL, Annals, March, 1907, 
352-356 ; J. Murphy, "Franchise Grants in New 
York City" in ibid, XXI (May, 1908), 612- 
618; W. S. Allen, "Street Railway Franchises 
in Massachusetts" in ibid, XXVII (January, 
1906), "Accounts of Guarantees of Municipal 
Franchises" in National Conference of Good 
City Government, Proceedings, 1899, 162-168; 
New Jersey Commission, Relations between 
Municipalities and Street Railways; Report on 
Best Form of Franchises, 1906; Special Com- 
mittee of Massachusetts Legislative, Report 
on Franchises (1897) ; H. Bruere, New City 
Gov. (1912), 56; Am. Telephone and Telegraph 
Company, Annual Report for 1911; National 
Municipal League, Conference for Good Govern- 
ment, 1910; Public Service Commission for the 
First District of New York, Franchises of 
Electrical Corporations in Greater New- York 
(1911) ; D. F. Wilcox, Municipal Franchises 
and year by year. Edward S. Mead. 



FRANCHISES, CORPORATION, LEGAL ASPECTS OF 



Definition. — (1) The term franchise is gen- 
erally used to denote a special privilege con- 
ferred by a government on individuals, not 
otherwise possessed by such individuals by 
common right. The early conception of the 
nature of a corporation was that it could only 
be formed and could only exercise its powers 
by virtue of a grant from the sovereign. The 
right of individuals to associate themselves to- 
gether and act in a corporate capacity was not 
a common right. Under this conception the 
right specially granted to individuals to form 
a corporation as well as the right of the cor- 
poration formed, as an artificial person, to 
exercise the powers and privileges conferred 
by the charter of its creation could properly 
be spoken of as franchises. Under our state 
constitutions and also, now, in England, the 
legislative department of government may ex- 
ercise the sovereign power to grant charters 
to corporations, and the charters thus specially 
granted with us may properly be spoken of as 
conferring franchises. But in consequence of 
a general tendency to avoid the granting of 
special privileges it has been customary for 
our state legislatures to provide by general 
law the methods and conditions of forming 
corporations, the right to incorporate being 



thus recognized as one available to any col- 
lection of persons for purposes and in methods 
thus prescribed. L T nder general laws provid- 
ing for the creation of corporations the privi- 
lege of incorporating has ceased to be in any 
sense a franchise and has become a matter of 
common right. But the rights and privileges 
of the corporation as such may still with pro- 
priety be spoken of as a franchise, resulting 
from a contract with the state which may not 
be impaired {see Contract, Impairment of; 
Dartmouth College Case ) . The purposes 
for which a corporation is formed may also 
involve the exercise by it of certain privileges 
not possessed by individuals such as the right 
of eminent domain (see) on the part of a cor- 
poration formed to promote a public purpose, 
for instance, the construction and operation of 
a railroad, canal, telegraph line, or irrigation 
plant. The right of the corporation to ex- 
ercise such powers may properly be spoken of 
as a franchise. 

(2) Municipal corporations may contract 
with private corporations to supply public 
facilities which the municipality might by leg- 
islation be authorized to provide at the public 
expense, such as street car lines and plants for 
furnishing water, light and power to the in- 



45 



FRANCHISE TAX 



habitants of the city. These contracts with 
corporations involving the privilege of using 
the public streets and other like public priv- 
ileges may also be properly spoken of as fran- 
chises. 

As Property. — The mere right of a private 
corporation to do business as such in competi- 
tion with private individuals engaging in the 
same form of business can perhaps not be con- 
sidered in itself as constituting property, but 
any exclusive right possessed by the corpora- 
tion in the nature of a franchise is a property 
right although it may not be of such nature 
as to be assignable or transferable and there- 
fore may not be subject to levy under execu- 
tion. An exclusive privilege of a public nature 
possessed by a corporation may be appropriat- 
ed for other public purposes or uses only upon 
making just compensation. Such privileges 
are subject like other property to regulation 
in the exercise of the police power {see) and 
are protected by the usual provisions as to 
due process of law (see). As a franchise is 
the result of a public grant it is to be strictly 
construed as against the corporation claiming 
it, the presumption being that the sovereign 
power has not, except by specific provision, 
limited itself with reference to the general 
right to regulate for the public welfare (see 
Charles River Bridge vs. Warren Bridge). 

Taxation. — The power of taxation may be 
exercised as to private corp rations in a varie- 
ty of ways. The shares of stock in the cor- 
poration may be taxed to the owners as prop- 
erty in accordance with their value. The cor- 
poration itself may be taxed on the basis of 
property owned by it as other owners are 
taxed for like property. And the corporation 
may be taxed directly on the basis of the en- 
tire value of its property including its cor- 
porate franchise and any other franchises 
which it possesses. Finally the corporation 
may be taxed as any other owner on a property 
basis and also taxed on account of its fran- 
chises. It is often difficult to determine 
whether a specified tax on corporations is a 
franchise tax or a property tax, the importance 
of the distinction being that property may be 
taxed in any state in which it is situated or 
used, while a franchise can be taxed only in 
the state in which it is granted. But even a 
foreign corporation may be taxed in any state 
in accordance with the value of the proportion 
of its property used in that state, the value 
of its franchises being taken into account in 
determining such value. 

Limitations on Power to Tax. — Aside from 
the limitation already suggested, that a cor- 
porate franchise can only be taxed in the state 
in which it is granted and enjoined, there seem 
to be no specific limitations on the taxation of 
corporate franchises save these — that a fran- 
chise granted by the Federal Government can 
not be taxed by a state and that corporations 
engaged in interstate commerce can not be 

46 



so taxed by any state as that a burden is im- 
posed upon interstate commerce as such. The 
exemption of federal franchise does not extend 
beyond the franchise itself. Property owned 
by a corporation exercising a federal franchise 
and situated or used in any state may be taxed 
in that state as other property. The exemption 
of interstate commerce extends only so far as 
is necessary to protect the corporation against 
discriminations in taxation calculated to in- 
terfere with the freedom of such commerce. 

See Corporation Charters; Interstate 
Commerce and Cases; Public Service Cor- 
porations ; Quasi-Public Corporations ; 
Railroad, Street; Transit in Cities; Trans- 
portation. 

References: H. O. Taylor, Law of Private 
Corporations (4th ed., 1898), ch. viii; A. W. 
Machen, Modern Law of Corporations ( 1908 ) , 
ch. i; V. Morawetz, Private Corporations (2d 
ed., 1886), chs. xi, xiii; J. H. Beale, Foreign 
Corporations and Taxation of Corporations 
(1904), chs. xx, xxx.; as to taxation of fran- 
chises, see Henderson Bridge Co. vs. Kentucky 
(1897), 166 U. 8. 150; as to the federal cor- 
poration tax, see Flint vs. Stone Tracy Co. 
(1911), 220 U. 8. 107. Emlin McClain. 

FRANCHISE TAX. Basis.— A franchise is a 
right conferred by government of conducting 
an occupation in a particular way or accom- 
panied with particular privileges. Broadly in- 
terpreted it includes patents, copyrights, the 
privilege of inheritance; but the most familiar 
example of such grant of privilege is to be 
found in the corporation with its rights of 
limited liability and continuity of charter 
privileges; and as a consequence the franchise 
tax as employed in the United States is a tax 
on corporations. 

At first it had special reference to a tax on 
public service corporations, and was justified 
as a payment for the right to use streets, high- 
ways, and public places for special purposes. 
Its object was not only to secure revenue from 
other taxpayers, but also to force such corpora- 
tions using public property to share their 
profits with the public. Later, the tax was 
extended to private corporations. As Selig- 
man states: 

The corporate franchise is really the priv- 
ilege of juristic personality and limited liability; 
it is the right to exist as a corporation. Since 
it is something separate and apart from the 
property of the corporation, it is capable of 
being taxed. 

Corporations may be distinguished as do- 
mestic, which in a given state includes only 
those of its own incorporation; and foreign, 
or those chartered outside of the state. Strict- 
ly speaking, a state can impose a tax only on 
privileges which it itself grants, that is domes- 
tic franchises ; it may, however, tax foreign cor- 
porations as to their business, thus bringing 
them within the scope of the state's revenue 
power. 



FRANCHISE TAX 



Advantages. — The franchise tax has largely 
been developed because of the difficulties of 
collecting the general property tax. As the 
securities of corporations could not be reached 
in the hands of their owners, there was a gen- 
eral conviction that the owners of corporations 
escaped their share of taxation. Therefore the 
corporation was taxed. Seligman says: "If 
the corporation tax is held to be a franchise 
tax, there is no necessity of uniformity between 
the tax on individuals and that on corpora- 
tions. Secondly, according to the principles 
of the property tax, deductions are allowed 
for certain classes of exempt or extraterri- 
torial property. If the tax is a franchise tax, 
such exemptions cannot be claimed. Thirdly, 
if the tax is a franchise tax, and not a tax 
on property or earnings, it may be upheld as 
not interfering with interstate commerce." 
A tax on gross receipts which is derived from 
interstate commerce conflicts with the Fed- 
eral Constitution; but the Supreme Court has 
upheld a tax on a franchise, although the 
amount of gross receipts is used as a basis of 
computing the value of the franchise. 

While every corporation has a franchise, and 
the franchise tax may be applied to all kinds 
of corporations, the term, as sometimes used, 
is confined to the taxation of corporations 
which have the power of eminent domain or 
have been given the right to use public rights 
of way for a special purpose and in a special 
manner. Among such franchises are to be 
found those conferred on railroads, street rail- 
ways, express, telegraph and telephone com- 
panies, and supplying light, heat, and power 
corporations. 

Valuation. — In the effort to reach the prop- 
erty of corporations, and especially that of 
public service corporations which have monopo- 
listic privileges, the several states have tried 
many different ways of determining the value 
of the franchise. A common method is to sub- 
tract the value of the real estate and other 
physical property from the value of the securi- 
ties, and to consider the difference as the value 
of the franchise. This is frequently called the 
corporate excess. In Massachusetts the tax 
is paid directly to the state by the corpora- 
tion, and the receipts are then distributed to 
the cities and towns in proportion to the num- 
ber of shares owned; or in the case of street 
railways, according to the miles of street rail- 
way owned in each town. Shares are assessed 
at their market value, deductions being made 
for real estate and other items locally taxed. 

There are many variations in the appli- 
cation of the general principle just described, 
and in some states the standard of measure- 
ment is exceedingly crude, as, for example, in 
taking the capital stock, bonded debt, business, 
gross earnings or dividends as indices of fran- 
chise value. 

According to the classification made by 
Plehn, there are four different ways of ob- 



taining revenue from a public service corpora- 
tion through its franchise: (1) to consider 
the privilege as property and include this in 
the valuation of taxable property; this valua- 
tion may be arrived at in one of two ways: 
(a) by valuing the tangible property and then 
adding an amount equal to the difference be- 
tween that and the value of the stock, includ- 
ing bonds; this is the "corporate excess" re- 
ferred to above, so termed in Illinois, or the 
"value of the franchise," i.s in California, or 
"the value of the tangible property," as used 
in other states; (b) by ascertaining the earn- 
ings and capitalizing them; and then proceed- 
ing as in the first plan to obtain the corporate 
excess; (2) to tax the net earnings; (3) to 
tax the gross earnings; (4) to levy special 
annual license taxes. 

Objections can be brought against all these 
methods. The valuation of privilege, if the 
franchise be treated as property, is an ex- 
ceedingly difficult and delicate operation. Cor- 
porations may endeavor to influence the taxing 
boards, and the determination of the value 
of stocks and bonds is in many cases guess- 
work, or affected by the speculative fluctua- 
tions of the stock markets as evidenced in the 
market prices of securities. Gross earnings is 
not a true index of ability to pay; it discrimi- 
nates against a company operating under seri- 
ous physical difficulties. Measurement by net 
earnings, while in theory equitable, is in prac- 
tice objectionable, as the term "net" has as 
yet no established significance. As far as com- 
panies doing an interstate business are con- 
cerned, an effort is now being made through the 
Interstate Commerce Commission to give great- 
er precision to the definition and use of this 
term. 

New York System, — As illustrative of the 
development of the franchise tax, the legisla- 
tion of New York may be cited. In 1880 all 
stock companies, except manufacturing, min- 
ing, and savings banks, were taxed on the value 
of capital stock; in the following year an ad- 
ditional franchise tax was imposed on trans- 
portation and transmission companies, based 
on gross earnings; and in 1896 a similar tax 
was levied on street railways and on water, 
gas, heating, light and power companies, the 
latter companies, however, being released from 
the franchise tax on capital stock. In 1901 
the annual franchise tax was extended to trust 
companies and saving banks, computed on the 
basis of surplus and undivided profits. This 
tax has also been applied to insurance com- 
panies (1881), based on gross premiums. All 
of the above are state taxes, assessed by the 
state, collected by the state, and used by the 
state. 

In 1899, a novel modification of the fran- 
chise tax was introduced whereby local reve- 
nues may be benefited, under what is known 
as the "Ford special franchise tax." Special 
franchises are defined as rights of public serv- 



47 



FRANKING— FRANKLIN, SELF-CONSTITUTED STATE 



ice corporations to the use of public streets. 
Under the law these franchises are assessed as 
real estate in order to prevent that deduction 
of debts, such as bonds, from the valuation of 
the corporation, which is allowable in the tax- 
ation of personal property. The valuation of 
these special franchises is determined by the 
State Board of Tax Commissioners, but the 
tax is collected locally and used for local pur- 
poses. Transportation and transmission com- 
panies with certain exceptions thus pay three 
franchise taxes; the general corporation tax 
based on capital stock; the "additional fran- 
chise" tax on gross earnings; and the special 
franchise tax. 

In some states the annual license fee which 
corporations have to pay is called a franchise 
tax, as, for example, in New Jersey, where the 
rate is one-tenth of one per cent on capital 
up to $3,000,000, with decreasing rates for 
larger amounts. 

See Assessment of Taxes; Corporations, 
Taxes on; Franchises, Financial Aspects 
of; Corporation, Public; Tax, Personal 
Property; Taxation, Constitutional Basis 
of; Taxation, Double. 

References: C. C. Plehn, Introduction to 
Public Finance (3d ed., 1909), 280-284; G. S. 
Coleman, "Special Franchise Taxation" in Na- 
tional Conference on State and Local Taxation, 
Proceedings, 1907 ; E. R. A. Seligman, Essays 
On Taxation (1898), 180-192; H. C. Adams, 
Finance (1898), 379-381; H. R. Seager, Intro- 
duction to Economics (3d ed., 1905), 559-560, 
568. Davis R. Dewey. 

FRANKING. The privilege enjoyed by 
members of Congress and officials of the 
United States of free transmission of mail 
matter, limited at present to matters relating 
to official business. O. C. H. 

FRANKLIN, BENJAMIN. Benjamin Frank- 
lin (1706-1790) was born at Boston, January 
17, 1706. In 1723 he went to Philadelphia, 
where he eventually acquired a moderate for- 
tune as printer. In 1728 he established the 
Pennsylvania Gazette, and in 1732 published 
the first number of Poor Richard's Almanac. 
From 1736 to 1750 he was clerk of the as- 
sembly, postmaster of Philadelphia in 1737, 
and from 1753 to 1774 one of the two deputy 
postmasters-general for North America. At 
the Albany congress of 1754 he submitted a 
plan of colonial union, which, however, was 
not accepted by either the colonies or the 
Crown. 

From 1757 to 1762 he was in England, as 
the representative of Pennsylvania in its con* 
troversy with the Penns. Returning to Penn- 
sylvania, he was defeated in 1764 as a candi- 
date for the assembly, but was presently ap- 
pointed colonial agent, and returned to Eng- 
land, where he remained until 1775. He was 
appointed agent for Georgia in 1768, for New 



Jersey in 1769, and for Massachusetts in 1770; 
while in the discussion which led to the Revo- 
lutionary War he was easily the leading figure 
on the colonial side. The affair of the Hutch- 
inson letters, however, weakened his influence; 
and when, in 1774, the ministry decided to use 
force, he returned to America. 

He was at once chosen a delegate to the 
Continental Congress, presided over the Penn- 
sylvania constitutional convention of 1776, and 
was a member of the committee which drafted 
the Declaration of Independence. In Septem- 
ber, 1776, he was appointed envoy to France, 
and signed the treaties of 1778 with that 
country, and the treaty of 1783 with Great 
Britain. He returned to America, was for 
three years president of Pennsylvania, and was 
an active delegate to the Federal Convention, 
of 1787. He died at Philadelphia, April 17, 

See France, Diplomatic Relations with; 
Revolution, American, Significance of. 

References: John Bigelow, Ed., Benjamin 
Franklin (1887-88); A. H. Smyth, Ed., 
Writings of Benjamin Franklin (1905- 
07) ; J. T. Morse, Jr., Benjamin Franklin 
(rev. ed., 1898) ; S. G. Fisher, True Benjamin 
Franklin (1899) ; John Bigelow, Ed., Complete 
Works of Benjamin Franklin (1887-88). 

W. MacDonald. 

FRANKLIN, SELF-CONSTITUTED STATE. 

A convention was held, August 23, 1784, at 
Jonesborough, the chief settlement of Wash- 
ington County, now Tennessee, for the purpose 
of forming an independent state. There were 
in it representatives of three mountain coun- 
ties — Washington, Sullivan, and Greene. These 
counties were within the territory which the 
North Carolina general assembly had, in April, 
1784, ceded to Congress, but which Congress 
had not accepted. The convention elected John 
Sevier as its president. It decided to form an 
association of the three counties, to formulate 
a constitution, and petition Congress to admit 
it as a state. A constitutional convention 
was held, in November, 1784, and a provisional 
constitution was adopted, subject to future 
ratification. The provisional constitution was, 
however, put into immediate force, and a gen- 
eral assembly was elected. The assembly met 
early in 1785. It elected John Sevier governor, 
created a regular superior court and local 
courts, appointed judges and magistrates, 
levied taxes, and enacted a number of laws. 
A new constitutional convention met in No- 
vember, 1785, adopted a permanent constitu- 
tion, which was practically that of North Car- 
olina, and adopted the name of Franklin. Con- 
gress would not recognize them as independent 
of North Carolina, and North Carolina would 
not accept their independence. The state of 
Franklin continued, however, to be in actual 
fact independent, though North Carolina pro- 
vided for more efficient judicial and military 
government for these counties, and though the 



48 



FRATERNAL INSURANCE— FRAUD ORDERS OF THE POSTAL SERVICE 



citizens of Franklin were greatly divided 
among themselves. The last session of the as- 
sembly was held in September, 1787. The term 
of office of its members expired on March 1, 
1788, and the people were not willing to elect 
a new assembly. There could, therefore, be no 
governor; and when Sevier's term expired, on 
March 1, 1788, the state of Franklin expired. 
See Tennessee. References: J. G. M. Ramsey, 
Annals of Termessee (1853), 282-445; T. 
Roosevelt, Winning of the West (1894), 159- 
182. C. L. R. 

FRATERNAL INSURANCE. The term cov- 
ers sick, death and out-of-work benefits, paid 
by numerous societies, lodges, orders and 
brotherhoods in the United States (see Orders, 
Fraternal) organized along lines similar to 
those of the friendly societies of Great Britain, 
whose insurance features are carefully super- 
vised by the British Government. The Insur- 
ance Year Book gives for 1911 figures for 497 
fraternal orders with insurance in force of the 
face value of $9,562,511,910, being an increase 
of 642 million in the past year and 72 per 
cent or nearly three-fourths as much as all 
insurance in force with old line companies. 
Over five million persons, not all wage-earners, 
were interested parties. The total expendi- 
tures of all fraternal societies for death bene- 
fits chiefly, since their foundation (1868) to 
1905 has been nearly 800 million dollars, and, 
for sick benefits, 312 millions. Administration 
of these funds depends largely on unpaid help 
and is low in cost (8.4 per cent of receipts as 
compared with 18.3 per cent for ordinary in- 
surance corporations). Fraternal societies 
until recently have opposed state regulation and 
have paid little attention to actuarial costs. 
Most of them are said to carry too much risk 
for the premiums charged. Through coopera- 
tion of the National Fraternal Congress, the 
Associated Fraternities of America, and the 
National Convention of Insurance Commission- 
ers, a uniform bill for regulation and control 
of these societies has been enacted in 12 states 
and is likely to make further progress. 
See Insurance and Social Welfare; Orders, 
Fraternal. References: C. R. Henderson, In- 
dustrial Insurance in the U. S. (1909), Statis- 
tics of Fraternal Societies (1905). 

S. McC. L. 

FRAUD OF 76. The decision of the Elec- 
toral Commission of 1877 which by a partisan 
vote of 8 to 7 decided all cases of disputed 
returns in favor of Hayes, the Republican 
candidate — thus stigmatized by the Democratic 
press and in the Democratic platform of 1880. 
See Electoral Commission of 1877. 

0. C. H. 

FRAUD ORDERS OF THE POSTAL SERV- 
ICE. The power of Congress and the execu- 
tive to determine what matter shall be allowed 



49 



to pass through the mails has repeatedly been 
questioned. In 1836 efforts were made to 
exclude abolition mail. About 1890 began the 
exclusion of lottery tickets from the mails; 
and the power of the Government to make such 
exclusion was affirmed by the courts. Recently 
the question has been raised in respect to the 
power which Congress has conferred upon the 
Postmaster General by act of Sept. 19, 1890, to 
prohibit by means of so-called "Fraud Orders" 
the use of the mails by persons believed to be 
conducting a fraudulent business. 

This question is one of especial interest on 
account of the greatly increased activity of 
the Postmaster General in respect to the mat- 
ter, who, in addition to depriving such concerns 
of the use of the mails, has taken energetic 
steps for the prosecution, criminally, of offend- 
ers, through the Department of Justice. Thus 
the Postmaster General in his Annual Report 
for 1910 states that: "During the last few 
months the principal officers of 34 corporations, 
companies, and firms have been placed under ar- 
rest by post-office inspectors for swindling the 
public by this method. In 46 additional cases 
individuals have been arrested for conducting 
similar schemes to defraud. It is estimated 
that the 80 important cases recently brought 
to a head represent swindling operations that 
have filched from the American people in less 
than a decade fully a hundred million dollars. 
As the work of investigation proceeded it be- 
came apparent that schemes for swindling 
through the mails were vastly more numerous 
and extensive than had been supposed. Many 
of these fraudulent enterprises proved to be 
as far-reaching in their ramifications as the 
postal service itself. Not only have they 
swindled many thousands of credulous people 
out of money foolishly invested, but to a large 
extent they have shaken confidence in legiti- 
mate enterprises. The stamping out of these 
frauds is therefore as important to capitalists 
engaged in lawful business undertakings as it 
is to investors. Their prevention will undoubt- 
edly save to the American people millions of 
dollars annually. The department's former 
practice of issuing fraud orders in such cases 
proved ineffective. While by that method the 
offending concern was deprived of the use of 
the mails it was a simple matter for its pro- 
moters to organize under a new name and thus 
evade the law. In the present crusade the 
department's plan has been to secure the ar- 
rest, conviction, and imprisonment of the 
swindlers themselves. This method, which is 
proving to be most effective, will be continued 
until the fraudulent use of the mails is 
brought to an end." 

The constitutional question here involved is 
not so much the power of Congress to act in 
the matter as its authority to delegate power 
to the Postmaster General to act in specific 
cases. This power has been definitely affirmed 
by the Supreme Court of the United States, 



FRAUD, PREVENTION OF— FRAUDS, ELECTORAL 



notwithstanding the fact that the action of 
the Postmaster General is made conclusive, no 
provision being made for a judicial review. 
This decision is in line with the other decisions 
of the court which take advanced ground in 
respect to the conclusiveness of administrative 
determinations. 

See Fraud, Prevention of; Gambling; 
Postal System of the United States. 

References: W. W. Willoughby, Constitu- 
tional Law (1910), ch. lxiv; "Fraud Orders 
Issued by the Post Office Authorities" in New 
York Evening Post, April 25, 1905 ; Edgar D. 
Crumpacker, "Speech on the Post-Office Appro- 
priation Bill" in Cong. Record, February 19, 
1907, reprinted in P. F. Reinsch, Readings on 
American Federal Government (1909). 

W. F. Willoughby. 

FRAUD, PREVENTION OF. Fraud is dealt 
with by the law either civilly by granting or 
withholding remedies, or criminally (as a rule 
only in cases specified by statute), or by pre- 
ventive measures intended to render its com- 
mission more difficult or to facilitate its de- 
tection. The prevention of fraud is an exercise 
of the police power {see), and it may be ex- 
ercised by the states even though interstate 
commerce is thereby indirectly affected; so the 
sale of oleomargarine (see) colored in imita- 
tion of butter may be prohibited, though im- 
ported from other states and sought to be sold 
in original packages {see) (Plumley vs. Massa- 
chusetts, 155 U. 8. 461). Congress may legis- 
late for the prevention of fraud so far as in- 
terstate and foreign commerce is concerned, 
and the Pure Food Law of 1906 serves at least 
in part that purpose (see Pure Food). The 
usual scope of the delegation of an ordinance 
power to cities covers protection against fraud- 
ulent practices, especially in the retail sale of 
merchandise and in the rendering of services 
which strangers are apt to call for (innkeep- 
ers, cabmen, etc.) . 

The principal field for legislation for the pre- 
vention of fraud is found in the business of 
brokers, agents and depositaries (warehouse 
[see] and commission men, auctioneers, etc.) 
and in the sale of commodities, especially of 
substitutes, imitations and adulterations, bank- 
rupt and fire sales and sales by peddlers or 
other itinerant dealers. 

Governmental regulation assumes the follow- 
ing forms: the requirement of licenses, of re- 
ports, of notices, labels and marks indicating 
the character and quality or quantity of mer- 
chandise; the fixing of standards of weights 
and measures and sometimes of the form of 
packages; and inspection by public officials. 
Inspection laws were formerly a conspicuous 
form of trade regulation in the states, especial- 
ly with reference to goods intended for export, 
and being connected with burdensome fees, be- 
came so unpopular in New York that the con- 
stitution of 1846 abrogated the existing in- 



spection offices and prohibited their future 
creation; the prohibition does not apply to 
inspection of weights and measures, or to sani- 
tary inspection. The state inspection laws 
have found express recognition in the provi- 
sions of the Federal Constitution (Art. 1, Sec. 
x, If 2) (see Inspection as a Function of 
Government ) . 

The principal constitutional question that 
has arisen in connection with the prevention 
of frauds, is whether the likelihood of fraudu- 
lent practices justifies the absolute prohibi- 
tion of some otherwise useful business. In con- 
nection with the oleomargarine legislation the 
Supreme Court of the United States answered 
this question in the affirmative, and the Court 
of Appeals of New York in the negative (127 
U. 8. 678; 99 N. Y. 377). But while the 
Supreme Court sustained the prohibition under 
the Fourteenth Amendment, it held the prohi- 
bition invalid for purposes of interstate 
commerce (171 U. 8. 1), whereas the 
power of the states was conceded to exclude 
oleomargarine made in imitation of, and not 
merely as a substitute for, butter (155 U. 8. 
461). The New York view is also borne out 
by the fact that the policy of prohibition of 
oleomargarine had to be abandoned in all the 
states. 

The history of oleomargarine legislation 
shows that there is a temptation to use the 
power to prevent fraud as a weapon to sup- 
press competition. The tendency of legisla- 
tion is certainly to multiply measures for the 
real or avowed purpose of protecting the pub- 
lic from fraud. There is, however, also, an 
increase in the care with which this legislation 
is framed and consequently in its efficacy, so 
particularly in the matter of legislation 
against adulteration. There is also some ten- 
dency to delegate the determination of difficult 
questions of fact in this connection to admin- 
istrative authorities, a tendency most strik- 
ingly illustrated in the federal pure food law 
of 1906. 

See Business, Government Restriction of; 
Fraud Orders ; Police Power. 

References: E. Freund, Police Power (1904), 
272-298; W. W, Thornton, Pure Food and 
Drugs (1912). Ernst Freund. 

FRAUDS, ELECTORAL. An election should 
secure expression of the free choice of each 
voter. Any act that interferes with or pre- 
vents the effective registration of such in- 
dividual expression is an electoral fraud. The 
most common fraud is bribery (see) — the giving 
of money or the promise of office or other re- 
ward for voting "right." Employers of labor 
have often been accused of using undue in- 
fluence over their employees (see Intimida- 
tion). Laws governing registration of voters 
(see) are intended to prevent false registra- 
tion, such as the placing of fictitious names on 
the roll, registration of non-residents or non^ 



50 



FRAUDS ON THE TREASURY— FREE PORTS 



citizens, etc. In crowded districts where in- 
dividual voters cannot all be known to election 
officers, repeaters are sometimes organized to 
cast many votes under different names. Forged 
naturalization papers are issued to cover other 
fraudulent voting. The machines in New York 
and Philadelphia are understood to have many 
thousand illegal votes available at need. 
Actual voters may be shifted from a "safe" 
precinct to a "doubtful" one, and where a 
brief residence is required the letter of the 
law may be fulfilled. Colonization (see) of 
voters is practiced when the party has an ex- 
cess of voters in one precinct and a lack in 
another. Sometimes Democrats from Ken- 
tucky have crossed the Ohio to assist their 
brethren in Indiana; and Kansas elections in 
the early days were decided by voters from 
Missouri. 

Other sorts of fraud destroy the efficacy of 
the ballot after it has been cast. The tissue 
ballot used in the South a^ter reconstruction 
is famous. Sometimes ballots are altered or 
the ballot boxes are stuffed before voting be- 
gins. False counts and returns may be made, 
or ballots may be rejected on trivial grounds. 
Defective ballots may be fraudulently printed, 
omitting or shifting the position of names of 
candidates. New political parties are extem- 
porized in city elections, or new nominations 
are made to deceive certain classes of voters. 
Most of these acts are misdemeanors or crimes 
and their commission is constantly being made 
more difficult, if not entirely prevented, by 
better election laws. 

But some actions falling within our defini- 
tion are not illegal. Such is the organization 
of a third party or the nomination of a new 
ticket. Here also belongs the stealing of an 
election by the "still hunt." That is, the 
minority succeeds in convincing the majority 
party of its harmlessness and then polls a full 
vote at the election so late on election day that 
its opponents cannot get out their voters. 
Another device is the canard, or hoax, sprung 
so late in the campaign that its falsity can- 
not be exposed. 

See Bribery; Colonization ; Corrupt 
Practices Acts; Corruption; Intimidation; 
Voters, Registration of. 

References: P. S. Reinsch, Am. Legislatures 
(1907), 231-257; C. A. Beard, Am. Gov. and 
Politics (1910), 671-2; J. G. Speed, "How 
Votes are Bought in New York City" in Har- 
per's Weekly, XLIX (1905), 386-388; J. Bryce, 
Am. Commonwealth (4th ed., 1910), II, ch. 
lxvii; M. Ostrogorski, Democracy and Party 
System (1910), 108, 175-179, 211, 346; J. J. 
McCook, "Alarming Proportion of Venal Vot- 
ers" in Forum, XIV (1892), 1-13; "Venal 
Voting" in ibid, 159-177; A. Shaw, "National 
Lesson from Adams County" in Review of Re- 
views, XLIII (1911), 171-180; C. L. Jones, 
Reading on Parties and Elections (1912), 282- 
297. Jesse Macy. 



51 



FRAUDS ON THE TREASURY. Robbery 
of the Federal Treasury by false accounts is 
very rare, because of the complicated system 
of checks and balances, and the practice of 
holding federal officials responsible for prop- 
erty and funds till they can prove the transfer 
to other parties or to the Government. The 
principal Treasury frauds, therefore, are in 
the collection of taxes, particularly in customs 
frauds, such as smuggling, undervaluation 
(see) and fraudulent claims to refunds and 
drawbacks ( see ) . In recent years, such frauds 
have run up to the millions. Frauds in the 
internal revenue consist usually in evading the 
collection of the tax on the whole or a part 
of the output. Moonshine whiskey — that is 
making whiskey in small and remote unlicensed 
stills, is one form of fraud. Printing or stamp- 
ing by manufacturers who have not paid the 
tax is another form. The whiskey frauds (see) 
of the seventies are a case in point. Postal 
service is subject to frauds in the performance 
of contracted service. The Star Route trials 
(see) of the early eighties showed instances 
of stealing amounting to one-half a million. 
State governments are subject to direct em- 
bezzlements by treasurers and tax collectors 
and to frauds in purchase and pay rolls. They 
usually have ineffective book keeping checks, 
and are much less likely then the Federal Gov- 
ernment to follow up the wrong-doer with 
prosecution. The actual losses from fraud are 
hard to estimate. In the federal service, they 
are a fraction of one per cent. In some cor- 
rupt states and cities the public does not get 
the value of more than one dollar out of two 
appropriated for public purposes. See Ap- 
praisal of Imported Goods for Du- 
ties ; Assessment of Taxes ; Fines as Sources 
of Revenue; Forfeiture as a Source of 
Revenue; Public Accounts; Revenue, In- 
ternal; Revenue, Public, Collection of; 
Smuggling; Star Route Trials; Sugar 
Frauds; Tariff Administration; Whiskey 
Frauds on the Revenue. Reference: J. Mc- 
Donald, Secret of the Great Whiskey Ring 
(1880). A. B. H. 

FREE DELIVERY. See Postal System. 

FREE PORTS. At the port of Hamburg, 
Germany, a large area has been set aside, into 
which foreign materials may be imported free 
of duty, and, after being manufactured into 
finished, articles, be exported to foreign mar- 
kets, though the imported materials or manu- 
factured products for the German home mar- 
ket pay the regular duties. Free ports have been 
established also at Bremen and Copenhagen. 
While the United States has no so-called free 
ports, bonded warehouses have been established 
into which imported goods may enter in bond 
and from which they may be withdrawn for 
shipment to bonded warehouses in other col- 
lection districts or for reexportation to foreign 



FREE SEEDS— FREE SOIL PARTY 



markets. Vessels with foreign cargo for re- 
exportation may also enter an American port 
under bond, without paying duties on the car- 
go actually reexported in the vessels; and if 
the cargo is landed at the port under bond, 
later to be reexported, the shipper is entitled 
to a drawback. In 1911 the mayor of Boston 
urged that such a port be established in his 
city. See Bonded Warehouses; Tariff Ad- 
ministration; Warehouse System. Refer- 
ence: U. S. Treasury Dept., Navigation Laws 
of the U. 8. (1911); Merchants' Assoc, of 
N. Y., Report ( 1914). . G. G. H. 

FREE SEEDS. See Seeds, Public Distri- 
bution OF. 

FREE SHIPS MAKE FREE GOODS. This 
is a doctrine opposed to that of mediaeval Eu- 
rope, as shown in some of the codes which set 
forth the principle that the liability of the 
goods to capture would be determined by the 
character of the owner of the ship. With the 
doctrine "free ships make free goods" some 
states coupled "enemy ships make enemy 
goods." Gradually, beginning with a treaty 
between France and the Porte in 1604, treat- 
ies provided that goods of friendly states on 
enemy vessels should be exempt from condem- 
nation. The armed neutralities of 1780 (see) 
and 1800 announced the principle that "free 
ships make free goods." The principle was 
generally embodied in treaties negotiated by 
the United States before 1800. 

The practice was not uniform: United States 
representatives often, as when Franklin wrote 
in 1781 and in 1783, expressed themselves in 
favor of exemption from capture of private 
property at sea. The larger European states 
at length agreed by the Declaration of Paris 
(see) in 1856 to the principle that, "The 
neutral flag covers enemy's goods, with the 
exception of contraband of war." 

The United States, desiring still the entire 
exemption of all private property not contra- 
band, did not adhere to the Declaration of 
Paris (see). It announced in 1898 that it 
would abide by the principles of the Declara- 
tion during the Spanish-American War. 

See Maritime War; Milan Decree; Neu- 
trality, Principles of; Neutral Trade; 
Rule of 1756. 

References: L. A. Atherly- Jones, Commerce 
in War (1907), ch. iv; J. B. Moore, Digest of 
Int. Law (1906), VII, 434-453. 

George G. Wilson. 

FREE SOIL PARTY. The Free Soil party, 
which existed from 1848 to 1854, was the sec- 
ond political organization formed in the hope 
of inducing the northern states to take action 
against slavery. It arose during the sectional 
crisis, which developed after the Mexican War 
over the problem of permitting or prohibiting 
slavery in the newly acquired territories. The 



contest in Congress over the "Wilmot Proviso" 
(see) caused a rapid growth of sectional feel- 
ing in. the free states. Newspapers, local lead- 
ers, party conventions and non-partisan public 
meetings pledged themselves with rising excite- 
ment to support no candidate for the presi- 
dency in 1848 who was not opposed to the 
further extension of slavery. When the Demo- 
cratic and Whig parties nominated Lewis Cass 
(see) and Zachary Taylor (see), respectively, 
and refused to take any ground whatever on 
the issue of slavery in the new territories, there 
sprang up an important movement for a new 
party in which all opposed to the extension of 
slavery might cooperate. At Buffalo, on Au- 
gust 9, 1848, a mass convention adopted a 
platform, organized the Free Soil party and 
nominated ex-President Martin Van Buren 
(see) with Charles Francis Adams (see), son 
of the late ex-President Adams. The leader- 
ship in this movement fell largely to a frac- 
tion of the New York Democratic party, which 
had been in opposition to Polk's administra- 
tion and undoubtedly was inspired as much by 
a desire to defeat Cass, the regular party nomi- 
nee, as to restrict the spread of slavery. So 
many other anti-slavery Democrats followed 
the lead of the New York group, that the new 
party had, from the start, a "Democratic" 
flavor which it never lost. A smaller number 
of anti-slavery Whigs joined the movement 
than would have been the case with a different 
presidential candidate. Practically all the Lib- 
erty party (see) became merged in the Free 
Soil movement, furnishing the radical wing to 
the new organization. The principles of the 
Free Soil party as formulated at Buffalo and 
repeated on later occasions were based on the 
same premises as those of the earlier Liberty 
party and the later Republican party — that 
slavery was a matter of state law alone and 
that the Federal Government should free itself 
of all responsibility by abolishing it in the 
territories and by refusing admission to slave 
states. "No more slave states; no slave ter- 
ritory" was the campaign slogan. In addition, 
the party declared for internal improvements, 
a homestead law, cheap postage and "a tariff 
for revenue." 

In the election of 1848, the new party cast 
291,263 votes and made such inroads on the 
Democratic ranks as to enable Taylor to carry 
New York, thus deciding the election. It also 
sent nine representatives to Congress and, by 
making coalitions in state legislatures, was 
able to send two Senators, S. P. Chase (see) 
of Ohio and Charles Sumner (see) of Massa- 
chusetts, who with Hale of New Hampshire 
formed a third-party group. After the election 
of 1848, most of the Democratic members of 
the Free Soil party returned to their original 
ranks and the passage of the Compromise of 
1850 (see) seemed, by terminating the terri- 
torial crisis, to render the party superfluous. 
The more radical anti-slavery men persisted, 



52 



FREE TRADE AND PROTECTION 



however, and kept the organization alive until 
in 1S54 it was absorbed by the Republican 
party. In the campaign of 1852, John P. Hale 
was the candidate and drew 156,667 votes 
but did not affect the outcome of the election. 
The Free Soil party, considered as a political 
organization, failed to gain its ends but it 
played a part in Congress altogether out of 
proportion to its strength, owing to the ability 
of Chase, Sumner, Hale in the Senate, Gid- 
dings (see), Julian and others in the House, 
and it served as the training school for many 
of the strongest Republican leaders. 



See Compkomise of 1850; Democratic Par- 
ty; Liberty Party; Republican Party; 
Slavery Controversy; Wilmot Proviso. 

References: H. Wilson, Rise and Fall of the 
Slave Power (1874), II; T. C. Smith, Liberty 
and Free Soil Parties in the Northwest 
(1897), Parties and Slavery (in American, Na- 
tion, 1906) ; E. L. Pierce, Charles Sumner 
(1893), III; A. B. Hart, Salmon Portland 
Chase (1899), 96-150; E. Stanwood, Hist, of 
the Presidency (1898) ; E. M. Shepard, Martin 
Van Buren ( 1899 ) , ch. xi. 

Theodore Clarke Smith. 



FREE TRADE AND PROTECTION 



What Free Trade Means. — Free trade means 
that exchange between countries shall take 
place without measures that cause the domestic 
production of articles which in the absence 
of restriction would be imported. It does not 
mean that there shall be no duties and no 
restrictions. The imposition of revenue duties, 
on articles that would not be made at home 
even after the duties have been imposed (on 
tea and coffee, for example ) , is not inconsist- 
ent with the principle of free trade. Neither 
is the imposition of duties on other articles, 
if an internal tax at precisely the same rate 
is levied on those articles when made within 
the country. Protection means that in conse- 
quence of duties on competing foreign prod- 
ucts, or of other similar measures, commodities 
are produced within the country which would 
not otherwise be produced. This end might 
be accomplished by direct bounties to the do- 
mestic producers, or by tonnage duties on ves- 
sels bringing in foreign goods. In practice, 
the only method of protection followed in the 
United States (with no exceptions of great 
importance) has been that of levying duties 
on competing foreign products. 

The Prima Facie Case in Favor of Free 
Trade. — The principle that trade between coun- 
tries is most advantageous when unfettered is 
a simple corollary from the proposition that 
gain comes from the geographical division of 
labor. Prima facie, it is clear that productive 
efficiency is increased when iron is made in 
the Pittsburg region with cheap coal, and fur- 
niture in Michigan with cheap lumber; when 
cotton is raised in the South, and corn in the 
corn belt; and when these several regions ex- 
change their products. Similarly, productive 
efficiency is increased when England digs coal 
and makes iron, and sends these articles to 
Italy, getting thence wines and oranges and 
lemons; likewise, if the United States digs and 
refines copper from her rich mines and gets in 
exchange from Germany potash from Ger- 
many's great deposits. Whether within a coun- 
try or between countries, the geographical di- 



53 



vision of labor obviously tends to bring about 
cheaper and more abundant production and 
so to be of advantage to both of the exchang- 
ing regions. 

The Principle of Comparative Costs. — In in- 
ternational trade one phase of the division 
of labor becomes conspicuous, resting on what 
are called "comparative costs.*' Though not pe- 
culiar to international trade, the principle of 
comparative costs is there of wide application; 
and it is of special importance in that trade 
between the United States and European coun- 
tries with which the protective controversy 
has been chiefly concerned. Briefly stated, it 
is that a country (or region within a country) 
gains by confining itself to those industries 
in which it has the greater efficiency. The 
case of California illustrates the principle in 
domestic exchanges. California's soil and cli- 
mate, while suited for grain raising, are pe- 
culiarly fitted for fruits; and her people found, 
when transportation of fruit to distant mar- 
kets became possible, that, though they might 
with considerable efficiency give their labor 
and capital to grain-raising, they gained still 
more by devoting themselves chiefly to fruit. 
The United States as a whole, during the first 
century of national history, was under no dis- 
advantage, as compared with European coun- 
tries, in manufactures; but she had a marked 
advantage in agriculture. Her labor and cap- 
ital were applied with more advantage in ag- 
riculture; hence manufactured articles, unless 
affected by heavy transportation expenses or 
produced under conditions exceptionally favor- 
able, tended to be imported. The doctrine of 
comparative costs remains important for this 
country, even though in recent years our ad- 
vantages in agriculture have ceased to be as 
marked as they formerly were. It bears on 
the development of the various branches of 
manufacture. To some manufactures our re- 
sources and industrial talents are better adapt- 
ed than to others. The cause of special effect- 
iveness among these more advantageous manu- 
factures may be the possession of great natural 



FKEE TRADE AND PROTECTION 



resources, such as coal and iron ore, or it may- 
be special skill, such as Americans seem to 
possess where intricate machinery is used or 
standardized products are turned out on a 
large scale. In manufactures having no nat- 
ural advantages, or using machinery less, or 
turning out specialized products in small lots, 
we have no special superiority, even though we 
are in no way inferior. Between different sorts 
of manufactures, just as between manufactures 
and agriculture, a country gains most by giv- 
ing its labor and capital to those industries 
in which efficiency is greatest. 

Such are the main principles applicable to 
the geographical division of labor and so to 
international trade. On them rests the pre- 
sumption in favor of free trade. But there 
are considerations which, under some circum- 
stances, rebut this presumption. In the fol- 
lowing paragraphs the arguments most often 
urged in the United States in favor of pro- 
tection will be taken up. Though some of the 
more familiar arguments arc fallacious, others 
have weight, and at least call for discrimi- 
nation before a conclusion can be reached. 

Imports Are not per se a Cause of Loss. — 
Protection has often been advocated on the 
crudest mercantilist grounds {see Economic 
Theory). Imports, it is said, take money out 
of the country; therefore they cause loss. 
Exports, on the other hand, are supposed to 
bring gain, because they draw money into the 
country. The domestic production of a com- 
modity, after the imposition of a duty, is 
spoken of as if it were per se a good thing, 
since the previous importation had been a 
cause of loss. The countr is said to "save 
money" by making the article at home. The 
constant repetition of such long-exploded fal- 
lacies (examples in plenty can be found in 
the Congressional Record during the debates 
on any recent tariff bill) is the result of mere 
ignorance of the most settled principles of 
economics. Imports are not ordinarily paid 
for by the transmission of money; they are 
paid for (through the mechanism of bills of 
exchange) by the exports. Money flows from 
country to country chiefly in settlement of 
temporary balances, which some times cause a 
flow one way, sometimes another. There are 
some really difficult and debatable questions 
connected with the possible continued inflow of 
specie into a country. But these have nothing 
to do with the common fallacies about "saving 
money" or "keeping money at home" or "spend- 
ing your money at home instead of sending it 
abroad." 

Is Domestic Industry Encouraged? — Different 
in form, but very similar in substance, is the 
argument that domestic industry is encouraged 
and domestic labor employed, by making at 
home a commodity which had before been im- 
ported. The real question is in what way do- 
mestic labor shall be employed; what kind of 
domestic industry shall be encouraged. Im- 



ports are paid for by exports; international 
trade means in essentials just this and nothing 
else. If imports are cut off, exports in corre- 
sponding volume must cease. The process by 
which the exports are made to cease is not 
always a simple one, but it is none the less 
effective. Protection means that labor and 
capital, which might be given to producing 
exportable commodities and getting imports 
in exchange for them, are devoted directly to 
producing at home the importable commodities. 
This shift may or may not be to the country's 
advantage; prima facie it is not; but domestic 
industry and domestic labor are called on in 
either case. 

Does Protection Cause High Wages? — It is 
said that protection causes wages to be high, 
or at least keeps them high in the United 
States. This argument was not used in the 
earlier days of the American protective contro- 
versy. Until the middle of the nineteenth 
century higher wages usually supplied an ar- 
gument to the free-traders, not to the pro- 
tectionists. The free-traders maintained that 
high wages caused the expenses of production 
to be so great in manufactures that it was 
hopeless to try to carry them on at all. In 
any case, since the high wages were already 
there, before any system of heavy tariff duties 
had been adopted, it would have been absurd 
to say that they were the result of protection. 
But after a protective system had been for 
some time in operation, and it had been for- 
gotten that wages were high before its adop- 
tion, the pauper labor argument became plaus- 
ible. Since 1850, it has been by far the most 
widely-used and most effective popular argu- 
ment for protection. 

None the less, it is unsound. The general 
rate of wages in the United States is not made 
higher or kept higher by tariff duties. Wages 
are high because the general productiveness of 
industry is great; or, to put it in other words, 
because there is great general effectiveness of 
labor. This is the explanation of the varia- 
tions in wages which appear . among different 
countries, irrespective of their tariff policy. 
Wages are higher (not much higher, but clear- 
ly somewhat higher) in England, a free trade 
country, than in Germany, a protectionist 
country; they are about the same in Germany 
as in adjoining Holland — the one free-trade, 
the other protectionist; they are higher in Ger- 
many than in Russia, both protectionist. The 
fundamental cause of these differences, to re- 
peat, is in the varying productiveness of labor. 
So far as protection turns labor into less ad- 
vantageous directions — and the presumption is 
that it does so — it lessens productiveness. But 
other causes, such as natural resources, intel- 
ligence and education, effective industrial lead- 
ership, have a much larger effect on general 
productiveness and so on general wages. Pro- 
tection is far from being the dominant factor; 
and so far as its operation goes, it tends by 



54 



FREE TRADE AND PROTECTION 



lowering productiveness to lower general wag- 
es, not to raise them. 

But in a limited set of American occupa- 
tions — in those called into existence by a pro- 
tective tariff — it is true that high wages cannot 
continue to be paid unless protection is main- 
tained. This obvious though limited phenome- 
non gives color to the widespread fear of pau- 
per labor competition. The protected indus- 
tries, so far as they really need tariff support, 
are ipso facto industries in which the country 
has not a comparative advantage. In indus- 
tries where the country does possess a com- 
parative advantage, high wages will be paid 
in any case, protection or no protection; be- 
cause there productiveness is great. If it is 
thought good for the country to possess the 
other industries, not so advantageously car- 
ried on, laborers in them must be paid the 
going higher ratee of wages fixed by the gen- 
erally advantageous conditions; employers can- 
not afford to pay such higher wages unless 
they can get higher prices; and they cannot 
get higher prices, unless protected against the 
competition of cheaper foreign goods. The 
whole subject of wages, protection, domestic 
industry, productiveness of labor, is closely 
connected with the principle of comparative 
costs. 

The Tariff and Equalization of Cost of Pro- 
duction. — Closely connected, again, with the 
arguments that protection promotes domestic 
industry and keeps wages high, is the argu- 
ment that the tariff should equalize cost of 
production. This is a modern "principle" of 
protection; it has been urged only since the 
opening of the twentieth century. Carried 
to its logical outcome, it would lead to the 
entire prohibition of international trade, by the 
imposition of duties sufficient to equalize all 
costs and to prohibit all importation. "Cost 
of production" means what must be paid out 
by the employer or capitalist; his main outlay 
is for wages ; wages being higher in the United 
States, his cost is said to be greater. But his 
cost obviously is greater in proportion to the 
quantity of labor he must employ at the higher 
wages. The more disadvantageous an industry 
is — i. e., the less the productiveness of labor — 
the more labor must be employed per unit of 
output, and the higher the employer's outlay. 
If the principle of equalization is to be con- 
sistently applied, it means that for extremely 
disadvantageous industries, extremely high du- 
ties are to be imposed. The principle really 
assumes that it is always better to produce any 
article at home than to import it, and that 
sufficient obstacles should be placed in the way 
of importation to make sure of domestic pro- 
duction. 

Protection to Young Industries. — The strong- 
est economic argument is that for protection 
to young or nascent industries. Its essence 
is that advantageous industries are not neces- 
sarily resorted to without some sort of public 

55 



stimulus. The patent system rests on analo- 
gous reasoning; men are stimulated to find 
new ways of production by being granted a 
temporary privilege, restricting their compet- 
itors. Lack of experience, the risks of experi- 
ment, uncertainty as to the extent of natural 
resources, the inevitable weakness of beginners 
as compared with those long engaged in an 
industry — circumstances of this kind may pre- 
vent an industry from being carried on in a 
country, even though the permanent conditions 
be favorable and even though in the end it 
may prove able to maintain itself unaided. 
The following conditions for success in the 
application of protection to young industries 
have been suggested: (1) The duties should 
not be too high. List, one of the most con- 
spicuous of the advocates for such protection, 
suggested they should not exceed 30 per cent; 
if higher rates are needed even at the start, the 
presumption is strong against eventual success. 
(2) After a limited period, say twenty-five or 
thirty years, the duties should be removed; 
since the object is the eventual procurement 
of the articles as cheaply as by importation. 
The only sure test of such cheapness is ability 
to meet foreign competition without aid. (3) 
Agriculture and extractive industries should 
not be protected; since in such industries it 
is generally clear enough in advance what are 
the possibilities at home, and since the advan- 
tages in competing countries from experience 
and habituation count for less. Probably it is 
true that agriculture offers little scope for 
protection to young industries. The best way 
of promoting good agriculture is by schools, 
experiment stations, and the like. But mining 
is not outside its scope, since it involves great 
risks and large investment in fixed capital. 
Manufacturing industries offer the most prom- 
ising field of all. (4) A period of transition 
in industry is most favorable for this applica- 
tion of protection. It has been most often 
urged for a "young" country, i. e., a country 
emerging from a simple agricultural stage to 
one more complex. Such was the United States 
from the close of the War of 1812 to the mid- 
dle of the nineteenth century. Then the argu- 
ment was urged with effect and validity. So 
it was in Germany during the second third of 
the century — after the establishment of the 
Zollverein in 1834. But any transition period, 
even though not in a "young" country, supplies 
conditions under which nascent industries may 
be stimulated with eventual good results. In 
the United States the period after the Civil 
War was one of extraordinary change, partly 
induced by the tariff itself but largely the 
consequence of general causes of development. 
The high duties of this period probably had in 
some cases the effect of stimulating industries 
that proved able to sustain themselves. The 
protectionists have hesitated in applying the 
phrase "young industries" to the giant estab- 
lishments of modern times. But they maintain 



FREE TRADE AND SAILORS' RIGHTS 



that protection has had the effect of eventu- 
ally lowering domestic prices — and this is in 
effect the young-industries argument. Though 
protection has in many cases caused the diver- 
sion of industry into disadvantageous channels, 
it has also caused it to turn to some channels 
that proved eventually advantageous. 

The Home Market. — The young-industries 
argument indicates to what extent the home- 
market argument has validity. Strictly, the 
argument that protection creates a home mar- 
ket is as fallacious as the argument that it 
fosters domestic industry. No additional mar- 
ket is created when protection causes manu- 
factures to arise in an agricultural country; 
there is simply substitution of a home market 
for a foreign market. The substitution is ad- 
vantageous only if the substituted home mar- 
ket is better; and it is better only if the 
conditions exist for successful aid to young 
industries. In the United States during the 
period from 1815 to 1850 there seems to have 
been this interaction of young industries and 
home market. The foreign market then was 
shrinking or at least was failing to expand; 
manufactures were certain to develop sooner 
or later; protection probably served to facili- 
tate the process of transition. 

Political and Social Considerations. Politi- 
cal and social arguments are urged in favor 
of protection. (1) To consolidate a distracted 
or divided country, it may be expedient to 
encourage exchange within its borders rather 
than exchange with foreign countries. Thus 
in the United States after 1815, when national 
feeling was still undeveloped, it may have been 
desirable on political grounds that North 
should trade with South and East with West, 
even though economically the country as a 
whole might have gained more by trade with 
Great Britain. Similarly Germany established 
free trade within her borders in 1834 (by the 
Zollverein) and imposed some restrictions on 
trade between Germany and foreign countries; 
a policy which undoubtedly fostered national 
feeling. (2) It is urged sometimes that agri- 
culture is an industry to be encouraged on so- 
cial grounds, sometimes that manufactures are 
socially advantageous. In the early stages of 
the United States, it was often said that manu- 
factures were of evil effect by causing crowd- 
ing, bad health, employment of women and 
children, inequality of wealth; a simple agri- 
cultural state was the best. This was the 
earlier attitude of Jefferson and the Republi- 
cans (see Democratic-Republican Party)/ 
and then that of the Federalists (see Feder- 
alist Party) , when these, being opposed to em- 
bargo and war, favored shipping and agricul- 
ture. At a later stage, there was advocacy of 
protection on the ground that a people engaged 
solely in agriculture was likely to be monot- 
onous and unprogressive. Diversified indus- 
tries, it was said, conduce to intelligence, in- 
vention, stimulus to every kind of talent. This 

56 



view was set forth by Hamilton in his Report 
on Manufactures (1791) and underlay much of 
the advocacy of protection by Henry C. Carey 
in the middle of the nineteenth century. Dur- 
ing very recent years there has been a swing 
again toward eulogy of agriculture. The Ger- 
man advocates of protection say that agri- 
cultural industry is the sound core of the 
social structure, and that a nation predomi- 
nantly manufacturing is in an evil state; they 
hold up Great Britain as an object lesson of 
a tendency to be avoided. In the United States 
also .there is fear by many persons of the 
social effects of great manufactures — urban 
concentration, large fortunes and accentuation 
of inequality, a working class proletariat. 
These are matters on which no judgment can 
be pronounced on merely economic grounds. 
Moreover, they are matters on which the ver- 
dict on social grounds seems to be uncertain. 
The truth probably is that the kind of industry 
is less important than the kind of people. A 
manufacturing population may be sound and 
healthy; an agricultural population may be 
demoralized. No doubt it is true that manu- 
factures, being conducted to most advantage 
on a large scale, conduce to greater inequality 
in the distribution of wealth. But this does 
not necessarily involve a down-trodden working 
class or a pauper proletariat. Manufactures 
bring social problems, but need not cause so- 
cial degradation. Under present conditions in 
the United States, it cannot be said that po- 
litical or social considerations tell unmistak- 
ably either for protection or for free trade. 
The decision must rest chiefly on economic 
grounds. These grounds are almost conclusive 
against a system of very high protection; and 
strong against a system of even moderate pro- 
tection. 

See Balance of Trade; Cost, Economic; 
Duties, Foreign Valuations for; Exchange, 
Principles of; Laissez Faire; Production; 
Taxation of Raw Material; and under 
Tariff. 

References: Books arguing in the main for 
free trade: H. Fawcett, Free Trade and Pro- 
tection (3d ed., 1879) ; C. F. Bastable, Theory 
of International Trade ( 4th ed., 1903 ) ; A. C. 
Pigou, Protective and Preferential Duties 
(1906) ; H. George, Protection and Free Trade 
(1886) ; F. W. Taussig, Principles of Econom- 
ics (1911), Bk. V. Books arguing in the main 
for protection: F. List, The National System 
of Political Economy (1st German ed., 1840, 
translation 1856) ; J. P. Young, Protection and 
Progress (1900); H. M. Hoyt, Protection vs. 
Free Trade ( 1886 ) . F. W. Taussig. 

FREE TRADE AND SAILORS' RIGHTS. A 

phrase used in the period preceding the War 
of 1812, to designate two combined claims of 
the United States. The first was the right 
of a neutral to trade with any belligerent with- 
out liability to capture by another belligerent, 



FREEDMEN'S BUREAU— FREEDOM OF SPEECH AND OF THE PRESS 



except for causes recognized in international 
law; such as carrying contraband, and viola- 
tion of a real blockade. The words "free 
trade" therefore have no reference to freedom 
of import of goods from foreign countries, 
"Sailors' rights" refers to the right of a citizen 
of the United States born within the bound- 
aries of the United States or naturalized pre- 
vious to 1783, to be free from any obligation 
to the British Government, particularly to be 
impressed to serve on an British man of war. 
The United States claimed the same privilege 
for persons naturalized after 1783, but with 
less insistence. See Citizenship; Expatria- 
tion; Neutral Trade; Neutrality, Princi- 
ples of. Reference: J. B. Moore, Digest of 
Int. Law (1906). A. B. H. 

FREEDMEN'S BUREAU. After the pass- 
age of the Thirteenth Amendment (see) abol- 
ishing slavery, Congress assumed temporary 
responsibility for the negroes freed by the 
war, who had hitherto been aided by voluntary 
philanthropic organizations. By an act of 
March 3, 1865, a Bureau of Refugees, Freed- 
men and Abandoned Lands was established, to 
continue one year after the close of the war. 
It was empowered to issue supplies to destitute 
freedmen and to rent them forty acres of 
abandoned or confiscated land with the privi- 



lege of purchase. After the surrender of the 
southern forces the bureau became of great im- 
portance in the conquered territory. It was 
clearly a necessary and proper war measure. 
In 1866 it was changed in character by an act 
of July 16, which gave it the duty of protect- 
ing, by military authority, the civil rights of 
the freedmen in the southern states until their 
constitutional relations to the Government 
should be restored. The bureau now became 
the agency by which the southern state govern- 
ments, reconstructed under Lincoln and John- 
son, were prevented from exercising any con- 
trol over the negroes until the congressional 
plan of reconstruction was carried through. 
It was finally terminated January 1, 1869. In 
spite of its active efforts at philanthropic as- 
sistance, the bureau is uniformly condemned 
by southern authorities as having prevented 
a harmonious adjustment of the relations be- 
tween the races after the war. See Recon- 
struction. References: P. S. Peirce, The 
Freedmen's Bureau (1904) ; W. L. Fleming, 
Documentary Hist, of Reconstruction (1906), 
I. ch. v; 0. 0. Howard, Autobiography, II, ch. 
xlvi-lxi (1907). T. C. S. 

FREEDOM OF CONTRACT. See Contract, 
Freedom of; Dartmouth College Case; 
Labor Contracts; Labor, Hours of. 



FREEDOM OF SPEECH AND OF THE PRESS 



Constitutional Provisions. — In the various erty, person and reputation, and by express 



bills of rights (see) in state constitutions are 
found provisions of the same general purport 
as that embodied in the Federal Constitution, 
in the First Amendment, that no law shall 
be made "abridging the freedom of speech or 
of the press." These guaranties do not estab- 
lish any new right but simply preserve an es- 
sential feature of personal liberty long recog- 
nized in the constitution of England; although 
in fact liberty in speaking and publishing one's 
opinions is subject to fewer restrictions in the 
United States than even at the present time 
in England. The essential right guaranteed is 
the liberty of speaking and publishing the 
truth with good motives and for justifiable 
ends whether it respects the government or 
officers or individuals. In the United States 
it is understood to exclude censorship of the 
press, that is, a prior determination on public 
authority whether a proposed publication shall 
be permitted. 

Legal Restrictions. — It is not intended by 
such constitutional provisions that freedom 
of speaking and publishing shall be free from 
responsibility and not subject to regulation. 
There may be both civil and criminal liability 
for improper speech and publication as deter- 
mined by general law in the protection of prop- 



legislation in the exercise of the police power 
for the general welfare. These regulations and 
restrictions consist in : ( 1 ) civil liability to 
damages for injuries caused by slander, that 
is, the speaking of false and malicious words 
concerning another resulting in injury to his 
business or reputation; (2) both civil and 
criminal liability for libel, which is the publi- 
cation by writing or printing of matter cal- 
culated to injure the business of another or 
his character by bringing him into ridicule, 
hatred or contempt, under circumstances ren- 
dering such publication unjustifiable and with- 
out lawful excuse; (3) criminal punishment 
for the speaking or publishing of blasphemous, 
obscene, indecent or scandalous matter. 

Civil Liability for Slander and Libel. — De- 
famatory statements made maliciously or with- 
out proper occasion to the injury of another 
constitute the basis for recovery of damages 
in a civil suit. The truth of the statements 
may be pleaded by way of justification as a 
complete defence; but unless the truth is thus 
established, defamatory words spoken or writ- 
ten are presumed to be false, and they are 
also presumed to be malicious unless the oc- 
casion of their being spoken or published is 
such as to render them privileged. A privi- 



57 



FREEDOM, PERSONAL 



leged communication is one made in good faith 
upon a subject matter in which the person 
making the communication has an interest or 
with reference to which he has or honestly 
believes he has a duty to make such communi- 
cation. The privilege may be absolute, as in 
the proceedings of legislative bodies, the official 
action of executive officers, or proceedings in 
courts or other judicial tribunals; or it may 
be qualified only, where the occasion requires 
or is reasonably believed to require that an 
interested person make communication of the 
truth as he understands it and without mal- 
ice. Qualified privilege differs from absolute 
privilege in this important particular, that, as 
to the former, absence of malice is a fact to be 
determined on the trial, while as to the latter 
the question of intent can not be inquired into, 
the purpose of the law being to prevent any 
inquiry as to motive with the view of securing 
perfect freedom in the discharge of legislative, 
executive and judicial functions. 

Criminal Prosecutions. — The peace and good 
order of society is presumed to be imperiled 
by defamatory publications in the nature of 
libel (but not usually by oral defamation) and 
it is therefore regarded as criminal conduct 
to publish defamatory matter which is cal- 
culated to provoke another to wrath or expose 
him to public hatred, contempt and ridicule, 
as, for instance, by imputing misconduct in 
office or the commission of a criminal act or 
an act which is against morality or decency. 
In criminal prosecutions for defamation the 
truth is not a defence, for, in the absence of 
a proper occasion and motive, the publication 
even of the truth may be detrimental to the 
public welfare; but it is usually provided that 
even in criminal prosecutions the truth of the 
matter published may be shown. 

The publication of blasphemous, obscene or 
immoral matter may also be the subject of 
criminal punishment without regard to the 
injury to any particular persons. 

Libels on government and seditious publica- 
tions were at one time, in England, the sub- 
ject of criminal punishment; but in the Unit- 
ed States the fullest discussion of public af- 
fairs is regarded as essential to the public wel- 
fare and criticisms of the government are not 
therefore punishable. But publications relat- 
ing to conspiracies to subvert the government 
or tending to incite the people to treason or 
rebellion are not within the constitutional 
privilege. The sedition law passed by Congress 
in 1798 was, however, obnoxious to public sen- 
timent and was soon repealed. 

Functions of the Jury. — In England an anom- 
alous practice was pursued in the courts in 
prosecutions for libel of submitting to the jury 
only the question as to the fact of publication, 
while the court determined the character of the 
publication as matter of law. This practice 
deprived juries of the prerogative possessed 
by them in ordinary criminal cases of finding 



a general verdict of not guilty under the law 
and the facts. As a result of dissatisfaction 
with this method of procedure, Parliament 
(1792) passed what is known as the Fox Libel 
Act by which it was provided that in prosecu- 
tions for libel the jurors should be judges of 
the law and the fact; and this anomalous pro- 
vision has been inserted into many of our 
state constitutions with the result that in 
such prosecutions it is said that the jurors 
may disregard the instructions of the court 
as to the law. Such a constitutional provision 
is probably unnecessary as under the practice 
in this country the jury can not be deprived 
in any criminal case of the right to return a 
verdict of not guilty which can not be set 
aside or revised in any subsequent proceeding. 

Newspaper Publications. — The publishers of 
newspapers are subject to the same rules as 
are applicable to any other publications. They 
are responsible in damages for untruthful and 
defamatory statements subject only to the 
privileges of purpose and occasion which are 
applicable in other cases. Within the general 
limits of privilege they have a wide latitude 
in the discussion of public affairs or matters 
of public interest. 

Use of the Mails. — Under the express power 
given to establish post offices and post roads, 
Congress has authorized the Postmaster-Gen- 
eral to exclude from the mails communications 
and publications detrimental to the general 
welfare such as letters written for fraudu- 
lent purposes, obscene literature and lottery 
advertisements (see Fraud Orders; Lotter- 
ies ) . This is not an interference with freedom 
of the press, although the discretion thus vest- 
ed in the postal department is not subject to 
judicial review. Similar restrictions might no 
doubt be imposed on interstate commerce. 

References: T. M. Cooley, Constitutional 
Limitations, (7th ed., 1903), 596-658; H. C. 
Black, American Constitutional Law (3d ed., 
1910), 650-668; M. L. Newell, Libel and Slan- 
der (2d ed., 1898); W. W. Willoughby, Con- 
stitutional Law (1910) ; E. McClain, Constitu- 
tional Law (2d ed., 1910), ch. xxxviii. As to 
federal restrictions on use of the mails, see Ex 
parte Jackson (1877), 96 U. 8. 727; In re Ra- 
pier (1892), 143 U. S. 110. Emlin McClain. 

FREEDOM, PERSONAL. Primeval society 
consisted of groups, families or clans; and to 
this day in some ancient countries, particular- 
ly China and Japan, an individual in the eye 
of the law exists only as a part of some larger 
group which is responsible for his conduct. 
The theory of western Europe, as early as we 
have record, was of the separate freedom of 
the individual, or at least of the head of a 
family, who could be controlled in his actions 
only by the state. This notion of personal 
freedom gradually extended to adult men — 
children and women being until very recently, 
looked upon as subject to the will of the 



58 



FREEPORT DOCTRINE— FREIGHT TRANSPORTATION, CLASSIFICATION OF 



father or husband, under protection of the 
state. 

The main exception to personal freedom is 
slavery, and especially chattel slavery in which 
the person of the slave is looked upon as prop- 
erty which can be bought, sold, and mortgaged 
( see Slavery as a Labor System ) . Other re- 
strictions are serfdom; vassalage; the liability 
to pay taxes; the obligation of military serv- 
ice and obedience to military superiors; con- 
finement of the mentally unsound; restriction 
on paupers; and punishment for crime by de- 
priving persons of their liberty for a term 
or for life. 

In actual experience, personal freedom comes 
down to the following privileges: (1) to be 
free from the constraint of other individuals 
(excepting parental rights) ; (2) to move free- 
ly from place to place and state to state (sub- 
ject to regulation as to health) ; (3) to choose 
and to carry on one's calling (subject to 
general limitations as to professions and 
skilled industries, and practically subject to 
restrictions by trades union [see] ) ; (4) to own 
and control one's own property always under 
liability for taxation, and subject to the state's 
eminent domain (see). The right to direct 
one's own life, subject only to restrictions 
laid down by previous law emanating from 
the community, is one of the great ideas under- 
lying all modern government, and particular- 
ly American government. 

The rights of freedom are protected by bills 
of rights {see) and other specific clauses of 
the state constitutions; by the principles of the 
common law (see), where the state legislation 
is silent; and by the guarantees of personal 
freedom in the Federal Constitution, such as 
that no one shall be deprived of liberty with- 
out due process of law; that habeas corpus 
shall not be suspended except in rebellion or 
invasion; and that neither slavery nor involun- 
tary servitude shall exist within the United 
States. The principal federal statutes for the 
protection of freedom, are the Peonage Act of 
March 1, 1867, and the act to prevent kidnap- 
ping of June 23, 1874. There is need of more 
explicit and effective statutes for the preven- 
tion of the restraint and disregard of person- 
al liberty. 

See Citizenship ; Emancipation by States ; 
Emancipation Proclamation ; Indentures 
and Indented Servants; Peonage; Rights 
and Remedies; Slavery as a Labor System; 
Slavery Controversy; Thirteenth Amend- 
ment. 

References: T. M. Cooley, Constitutional 
Limitations (6th ed., 1890), chs. xi-xiii; J. K. 
Hosmer, Anglo Saocon Freedom (1890) ; Mabel 
Hill, Liberty Documents (1901) ; Bibliography 
in A. B. Hart, Manual (1908), §§ 12, 13. 
Albert Bushnell Hart. 



FREEPORT DOCTRINE. The doctrine an- 
nounced by Stephen A. Douglas (see) during 
53 59 



his debate with Lincoln at Freeport, Illinois. 
"It matters not," said Douglas, "what way the 
Supreme Court may hereafter decide as to 
the abstract question whether slavery may or 
may not go into a territory under the Consti- 
tution; the people have the lawful means to 
introduce it or exclude it, as they please, for 
the reason that slavery cannot exist a day or 
an hour anywhere unless it is supported by 
local police regulations." He referred to "un- 
friendly legislation" as preventing the intro- 
duction of slavery. See Popular Sover- 
eignty; Republican Party; Slavery Contro- 
versy. Reference: T. C. Smith, Parties and 
Slavery (1906), 233-235. A. C. McL. 

FREIGHT TRANSPORTATION, CLASSIFI- 
CATION OF. The assignment of all com- 
modities carried by railroads to a limited num- 
ber of classes, to avoid the fixing of a rate 
for each separate commodity. The bases of 
classification are many, including such con- 
siderations as weight, size, shape, risk, meth- 
od of packing, and carload or less than car- 
load shipment; but the significant and deter- 
mining factor in freight classification is the 
value of the service and what rate the com- 
modity, in view of all commercial conditions, 
can reasonably bear. 

Previous to the passage of the Interstate 
Commerce Act in 1887, the number of classi- 
fications in existence was very large. Nearly 
all railroads had their own classifications ap- 
plicable to local traffic, and in addition there 
were joint classifications with other roads. 
Just previous to 1887, there were 130 distinct 
classifications in eastern trunk line territory 
alone. This situation produced confusion in 
the minds of shippers and gave opportunity for 
discriminating rates. 

The passage of the Interstate Commerce Act 
which prohibited unreasonable discriminations, 
the personal influence of the Commission and, 
above all, the realization by the railroads them- 
selves of the necessity for reform, led to a move- 
ment toward uniformity. Early in 1887, a 
classification had been adopted for official 
classification territory, effective north of the 
Ohio and Potomac, and in general east of the 
Mississippi. During the next two years the 
southern classification was adopted for the 
region south of the Ohio and Potomac and east 
of the Mississippi, and the western classifica- 
tion for the territory west of the Mississippi. 
Other classifications have since been adopted 
which within limited areas either amend or 
displace the three mentioned. These local 
classifications include that of the Transconti- 
nental Freight Bureau, effective on the Pacific 
coast, and those of a considerable number of 
state commissions. 

Ever since 1887 there has been agitation by 
shippers and persistent recommendation by 
the commission that a uniform classification 
effective for the entire country be put in force. 



FREMONT, JOHN CHARLES— FRENCH SPOLIATION CLAIMS 



To the accomplishment of this end the rail- 
roads have frequently set to work, only to 
abandon their task again and again because 
of the apparent impossibility of harmonizing 
the different sections of a country so ex- 
tended and with such diverse industrial in- 
terests. The fact that railroads in different 
sections withdraw from the classification im- 
portant commodities peculiar to these sections 
and grant them lower, or so-called "commod- 
ity rates," to promote their production and 
sale, is but an indication of the many diffi- 
culties and perplexing tangles which stand in 
the way of uniformity. 

Until the amendment of the Interstate Com- 
merce Act in 1910, the Commission had no spe- 
cific power to prescribe classifications, al- 
though the power had been exercised under its 
authority to prescribe rates since the amend- 
ment of the act in 1906. For several years 
a committee of the carriers has been at work 
in an effort to devise a uniform classification. 
In its annual report for 1910, the Commission 
states that the committee has made progress, 
but intimates that an order compelling uni- 
formity will be necessary unless the desired 
result is soon accomplished by voluntary action. 

See Bill of Lading; Discrimination; In- 
terstate Commerce Decisions. 

Reference: Johnson and Huebner, Railroad 
Traffic and Rates (1911), I, ch. xvii; S. O. 
Dunn, Am. Transportation Question (1912). 
Frank Haigh Dixon. 

FREMONT, JOHN CHARLES. John C. 
Fremont (1813-1890) was born at Savannah, 
Ga., January 21, 1813. He excelled in mathe- 
matical studies, and became an engineer. In 
1842 he undertook the first of five exploring 
expeditions which won for him the sobriquet 
of "The Pathfinder": (1) in 1842 exploring the 
valley of the Platte from the Missouri to the 
Rocky Mountains; (2) in 1843-44 he reached 
the lower course of the Columbia, and visited 
the Sacramento valley at Great Salt Lake ; ( 3 ) 
in 1846 he was sent to California, where he 
took part in the Mexican War; but a quarrel 
with Kearny led to a courtmartial at Wash- 
ington and retirement from the Army; (4) in 
a fourth expedition, 1848-49, he explored the 
upper Rio Grande and Gila rivers. (5) in 
1853-54 he surveyed a line for a road to the 
Pacific, between the 38th and 39th parallels. 
In 1851 he served three weeks as United States 
Senator from California. His fame as an ex- 
plorer led the Republicans to nominate him for 
President in 1856, but his electoral vote was 114 
against 174 for Buchanan. In 1861 he received 
a commission as major-general of volunteers, 
and served in Missouri; but his attempted 
emancipation of slaves was disavowed by Lin- 
coln, and he was relieved from command. He 
served again in 1864, and then resigned. From 
1878 to 1881 he was governor of Arizona. He 
died at New York City, July 13, 1890. See 



Republican Party. References: J. C. Fre- 
mont, Memoirs of My Life ( 1887 ) ; J. Bigelow, 
Memoirs of the Life of John Charles Fremont 
(1856) ; I. T. Martin, Recollections of Elizabeth 
Benton Fremont (1912) ; F. Grierson, Valley of 
Shadows ( 1909 ) . W. MacD. 

FRENCH ALLIANCE (1778). See France, 
Diplomatic Relations with; Neutrality 
Proclamation. 

FRENCH PANAMA CANAL. French inter- 
est in the waterway across the narrow lands of 
America goes back to Louis Napoleon's pam- 
phlet of 1846, and was revived by De Lesseps 
after his successful construction of the Suez 
Canal. He acquired what was called the Bona- 
parte-Wyse concession made by Columbia in 
1878. May 15, 1879, he summoned a congress 
of geographers in Paris which decided that 
the Panama route was the best one. A French 
company, the Compagnie Universelle du Canal 
Interoceanique, was thereupon formed. Presi- 
dent Hayes took, alarm and in a public mes- 
sage of 1880 laid down the doctrine that any 
future canal was "a part of our coast line," but 
the American people were not aroused, and were 
apparently willing that the French should risk 
their capital, leaving the ultimate question of 
control until it should become a live issue. 
Some steps were taken toward a rival Nica- 
ragua route and an American company was 
chartered Feb. 20, 1889. In 1889 notwithstand- 
ing De Lesseps prediction that the canal would 
be finished in a few years, the company broke 
down and investigation showed that with an 
original capital of $393,505,100 including seven 
annual subscriptions, nearly $400,000,000 had 
been disposed of, yet only about one-third had 
actually been spent on the canal. The com- 
pany was revived, however, and resumed work 
on the canal in 1894; but in 1899 broke down 
finally and helplessly. June 28, 1902, the act 
became a law which provided that the United 
States pay $40,000,000 cash to the French 
company for the rights, privileges and the un- 
finished canal. See Canal Diplomacy; Co- 
lombia, Diplomatic Relations with; Pana- 
ma, Republic of. References: House Exec. 
Docs., 46 Cong., 2 Sess., I, No. 1 (1881), ibid., 
47 Cong., 2 Sess., No. 107 (1883) ; A. T. Ma- 
han, Influence of America on Sea Power, Pres- 
ent and Future' (1897) ; J. C. Rodriguez, Pan- 
ama Canal (1885) ; J. H. Latane, Am. as a 
World Power (1907), ch. xii; Commission 
d'etude institute" par le liquidateur de la Com- 
pagnie Universelle, Report (1890) ; bibliog- 
raphy in Channing, Hart and Turner, Guide to 
Am. Hist. (1912), § 257 j A. B. Hart, Manual 
(1908), § 84 (lect. 79). A. B. H. 

FRENCH SPOLIATION CLAIMS. Claims of 
American merchants for retaliatory depreda- 
tions, including captures and confiscations by 
the French from 1793 up to the quasi-war of 



60 



FRENEAU, PHILIP— FRONTIER IN AMERICAN DEVELOPMENT 



1798, amounting to about $5,000,000 were, in 
the treaty of 1800, held to be reserved for fur- 
ther negotiation. The Senate struck out this 
clause from the treaty, and Napoleon there- 
fore held that France was relieved from all 
responsibility. This was the virtual intention 
of the treaty; the abandonment of the claims 
was simply an offset against the release of 
the United States from the old treaty of al- 
liance and commerce signed in 1778. Great 
pressure was put upon Congress to reimburse 
these claimants whose total estimate of loss was 
over $5,000,000. Some of the bills for that pur- 
pose reached the President and were vetoed. 
In 1885, the matter was referred by Congress 
to the Court of Claims which brought in 
awards of about $4,800,000, most of which was 
passed to the representatives of the old in- 
surance companies. 

A second set of spoliation claims of Ameri- 
can citizens against France, amounting to $5,- 
000,000 for special claim, was assumed by the 
United States and provided for to the amount 
of 20,000,000 francs out of the purchase money 
for Louisiana ( see Louisiana Annexation ) . 

A third group of spoliation claims arose 
from 1800 to 1812, amounting to about 25,- 
000,000 francs, which was eventually settled 
and paid in 1836. 

See Claims, International; Court of 
Claims; France, Diplomatic Relations 
with; Louisiana Annexation; Maritime 
War; Neutral Trade. 

References: T. H. Benton, Thirty Tears' 
View (1854), I, 487-521; J. B. Moore, Digest 
of Int. Laio (1906), V, 606-614, 1022-1026, 
Int. Arbitrations, V, 4399-4446; D. Webster, 
Works (1853), IV, 152-178; E. C. Mason, 
Veto Power (1891), 83, 84; Edward Everett, 
"Claims for French Spoliation" in No. Am. 
Rev., XXII (1824), 136-162; G. A. King, 



"French Spoliation Claims" in Am. Jour, of 
Int. Law, VI (1912) 629. 

Albert Bushnell Hart. 

FRENEAU, PHILIP. Philip Freneau (1752- 
-1832) was born at New York City, January 
2, 1752. He made a voyage to the West In- 
dies in 1780, and was taken prisoner by the 
British on his return: his experiences are 
described in his poem The British Prison-Ship, 
published in 1781. Subsequently he wrote pat- 
riotic articles and verses for the Freeman's 
Journal of Philadelphia. In 1790 he became 
editor of the New York Daily Advertiser. His 
abilities attracted the attention of Jefferson, 
who in 1791 gave him a position as translator 
in the Department of State. While holding 
this position he also edited the National Ga- 
zette, and in its columns made frequent violent 
attacks upon Hamilton and the Federalists. 
Hamilton accused Jefferson of approving, if 
not actually prompting, these attacks, but 
Jefferson, in a letter to Washington, denied 
responsibility for Freneau's course as editor. 
The connection with the National Gazette con- 
tinued for two years, and thereafter Freneau 
did nothing of political importance. He died 
near Freehold, N. J., December 18, 1832. See 
Anti-Federalist. References: F. L. Pattee, 
Poems of Philip Freneau ( 1902-3 ) ; S. E. For- 
man, Pol. Activities of Philip Freneau (1902) ; 
J. S. Bassett, Federalist System (1906), 46- 
50. W. MacD. 

FRIES' REBELLION. A name given to the 
uprising in eastern Pennsylvania, March 1799, 
under the leadership of John Fries in protest 
against the direct tax on houses levied by the 
preceding Federalist Congress. The harshness 
with which the uprising was put down made 
for Republican success in 1800. O. C. H. 



FRONTIER IN AMERICAN DEVELOPMENT 



Frontier Line. — With the ever repeated en- 
trance of the pioneers into successive areas of 
wilderness, American society has been con- 
tinually beginning over again at the outer edge 
of settlement, from the earliest colonial days to 
our own time. This has been the fundamental 
characteristic of American development; for 
the western advance has profoundly influenced 
the older sections, economically, politically, and 
socially. 

The American frontier has been unlike the 
fortified boundary line of many European fron- 
tiers; it has been the temporary boundary of 
an expanding society at the edge of substan- 
tially free lands. The United States Census 
Office in its maps of density of settlement at 
each decade from 1790 to 1890 laid down as 
the "frontier line," the boundary, roughly 



61 



speaking, of the population of two or more to 
the square mile. For the colonial era, Pro- 
fessor Edward Channing, in his History of the 
United States, supplies maps showing approxi- 
mately the settled area in 1660, 1700, and 1760. 
In 1890 the superintendent of the census an- 
nounced that "at present the unsettled area 
has been so broken into by isolated bodies of 
settlement that there can hardly be said to be a 
frontier line. In the discussion of its extent, 
its westward movement, etc., it cannot, there- 
fore, any longer have a place in the census 
reports." 

The frontier line depicted on these maps is 
irregular, sometimes bounding peninsulas and 
islands of exceptionally advanced settlement as 
on the lower Missouri, sometimes restrained 
by wilderness areas intruding like bays or is- 



FRONTIER IN AMERICAN DEVELOPMENT 



lands in the settled area, as the Adirondacks. 
These irregularities illustrate the fact that the 
advance of the frontier has been retarded by 
various factors such as physiographic obstacles, 
native tribes and, in a slight degree, by the op- 
posing colonists of other nations; while, on the 
other hand it has been advanced by the attrac- 
tion of exceptional natural resources, lines of 
least resistance, such as valleys and areas un- 
held by the Indians, as well as by the inherent 
expansive energy of the people behind the 
frontier. 

This expansive energy depends partly upon 
the adaptability of the economic life of the 
people to frontier conditions, partly upon the 
demand of an increasing population for cheap- 
er lands, partly upon the demand for special 
natural resources such as mines, and partly 
upon the optimistic and adventurous spirit of 
the different peoples who settled various parts 
of the American frontiers. As the United 
States grew in resources and power the nation- 
al forces precipitated themselves upon the re- 
maining wilderness in large masses and with- 
out the preliminary skirmish lines of primi- 
tive conditions, and thus created a new type of 
frontier. 

Frontier Characteristics. — In popular speech 
the American frontier is not a line, but that 
zone of settlement nearest the wilderness, 
wherein society and government are loosely or 
incompletely organized. Here individualism 
and economic self-sufficiency are in evidence. 
Extra-legal associations such as regulators, 
squatter associations, claim associations (see), 
vigilance committees and mining camp tribu- 
nals, mark spontaneous efforts of the frontiers- 
men to supply institutions adapted to their 
needs in advance of the coming of formal 
legal institutions, or to supplant them when 
they have broken down or have fallen into 
the hands of disorderly elements. In the 
American advance of settlement formal au- 
thority has arrived more tardily on the fron- 
tier than has been the case in European and 
Canadian advance into new countries. Lack 
of restraint, indifference to the customs of 
older societies, acceptation of the "personality 
of law," and the adoption of the most direct 
and effective course to achieve the desired ob- 
ject, regardless of formalities, have been char- 
acteristic of the frontier and have survived in 
western regions after the frontier has passed 
on. This frontier tendency has been empha- 
sized by the need of dealing with the adventur- 
ous and sometimes criminal elements which 
escaped from the restraints of more settled 
society. The blood feud, the reliance of the 
frontiersmen upon their own weapons for de- 
fence, the speculative and reckless spirit indi- 
cated in an exaggerated form by the gambling 
houses, the "wide-open town," the bandit and 
the "bad man," have marked the American fron- 
tier at times, but have been least in evidence 
in the zone of the agricultural frontiersman. 



Frontier Zones.— There has been a series of 
military frontiers, palisaded forts, and then 
United States army posts in proximity to the 
Indian country; but more significant in Ameri- 
can growth, is the aspect of the frontier as 
the index line of social development. The ad- 
vance of settlement has occurred in a series of 
waves, often roughly corresponding to the 
stages of industrial society. The census maps 
of density of population at successive decades, 
exhibit in different shades six groups of den- 
sity. "The first group, that containing less 
than two inhabitants to the square mile is 
regarded as unsettled area, and represents a 
petty population made up of hunters, trappers, 
fishermen, lumbermen .and miners, scattered 
over wide stretches of country." Exploiting 
natural resources by the simplest means, this 
wave of advance naturally preceded the others 
far into the Indian country. The second group 
(2 to 6 inhabitants to the square mile) roughly 
represents the area of the pioneer farmer and 
rancher. The third group (6 to 18 inhabitants) 
is characterized by more advanced farming 
methods, and the fourth group (18 to 45 in- 
habitants) "represents a population essen- 
tially devoted to agriculture, but in which 
manufactures and commerce have commenced 
to make some progress. The fifth and sixth 
groups represent a population which relatively 
to agriculture is largely engaged in manufac- 
ture and commerce and in both of which a 
goodly proportion of people live in small towns 
or cities." (See Population of the United 
States.) 

There is, thus, the frontier of the Indian 
trader, of the rancher, the miner, the pioneer 
farmer, the more advanced farmer, the town 
and small city manufacturer, and of the large 
city and great manufacturing centers. Speaking 
generally, each of these frontiers has been suc- 
cessively advanced to the ground formerly oc- 
cupied by its predecessor, and American eco- 
nomic, political and social life, has been chief- 
ly the resultant of these successive changes. 
Political leaders have often adjusted their pol- 
icy to the transformation of their section. 

Successive Changes. — As each of these fron- 
tiers of social change has advanced into new 
areas, with the spread of settlement, it has 
retained many of the characteristics of its 
former area, but has undergone modifications 
due to the different physical conditions of the 
new location, such as the change to a prairie 
area from a forest area; or to the general 
changes incident to the different period. New 
economic and social institutions have been 
called out by new conditions, or old institu- 
tions have been shaped to new uses. The fron- 
tier zone has been a region of experiment and 
adaptation, and thus a creative influence in 
American development. Along the changing 
frontier, custom could not crystallize, society 
could not stratify, and the existence of the 
frontier operated to restrain these tendencies 



62 



FRONTIER IN AMERICAN DEVELOPMENT 



in the east. American democracy was born on 
the frontier and received its initial strength 
from the frontier states. At the edge of prac- 
tically "free land" the field of opportunity was 
open. The full meaning of this in American 
life became more apparent as the frontier and 
free lands drew to their close. 

Significance in Eighteenth Century. — In the 
early part of the seventeenth century the fron- 
tier lay along the settled portions of the At- 
lantic coast. It was, in a sense, the frontier of 
Europe, where old world institutions were 
undergoing adjustment to the colonial wild- 
erness. By the second half of the eighteenth 
century the frontier had reached the Berkshire 
hills of western New England, extended up the 
Mohawk Valley, in New York, and along the 
Great Valley of Pennsylvania, and its ex- 
tension in Virginia lay as far west as the 
Piedmont, or upland, region of the South be- 
yond the falls of the rivers. This frontier was 
modified by the presence of non-English stocks, 
especially Germans and Scotch-Irish, and by 
an increased independence not only from Eu- 
rope, but also from tidewater settlements. In 
the course of the French and Indian War and 
the Revolution, the frontier crossed the Alle- 
ghanies. This frontier was that of the back- 
woods Indian fighters, devoted to local self- 
government and democracy. In the period 
when the new Constitution was framed it 
aided in shaping liberal territorial relations 
and equality of statehood for the western com- 
munities. 

Early Nineteenth Century. — By the begin- 
ning of the nineteenth century the frontier 
extended along the tributaries of the Ohio, 
bounding a peninsula of settlement thrust for- 
ward beyond the Alleghanies much as the fron- 
tier had bounded the Mohawk Valley in the 
second half of the eighteenth century. Lying 
beyond the Alleghanies, it was increasingly self- 
assertive, and its economic interests led it to 
resist the control which Spain exercised over 
the navigation of the Mississippi, the only exit 
for its crops, and also to resist the preponder- 
ance exerted by England, from her posts on 
the Great Lakes, over the Indians of the North- 
west. The frontier became a powerful influence 
in foreign relations. The purchase of Louis- 
iana and the War of 1812 with England defi- 
nitely insured to the frontier new fields for ad- 
vance north and south as well as to the west. 

In National Politics.— Having, by 1820, 
passed from the backwoods stage of self-con- 
tained economic life, these trans- Alleghany set- 
tlements now pressed for an outlet to the east 
by way of roads and canals across the Alle- 
ghanies. At the same time the advancing fron- 
tier revealed to eastern cities the commercial 
advantage of the internal trade of the rising 
empire of the West as a substitute for the 
waning foreign commerce. The home market 
arguments for a protective tariff, as well as 
internal improvement projects were vigorously 



urged. The public lands along the frontier zone 
became the subject of rival legislative pro- 
posals of leading American statesmen, who 
now realized more fully their far-reaching in- 
fluence upon problems of sectional rivalry, as 
well as upon the labor supply, wages and land 
values in the East. These economic influences 
of the frontier affected the whole structure of 
American industrial society. Thus a series of 
congressional legislative acts, increasing the 
power of the Federal Government, was under- 
taken; the frontier revealed its nationalizing 
influence in the field of domestic policy, as in 
earlier periods it had been a nationalizing force 
in calling out common action in the field of 
diplomacy and defence. 

Sectional Effects. — On the other hand, as the 
settlements extended up the Missouri and into 
the forests of the Northwest and the cotton 
fields of the Southwest, the frontier advance 
gave new emphasis to the sectional differences 
in the matter of slavery. The Missouri Com- 
promise illustrates the problem presented by 
slavery as a factor in frontier extension, de- 
manding national decision of rival interests in 
the expanding sections. 

The frontier as a debtor area had been in- 
fluential upon currency questions from colonial 
days. The rural democracy of the frontier 
zone objected to the national bank and demand- 
ed an expansion of credit. Jacksonian democ- 
racy represented the growing demand for popu- 
lar participation in government on the part 
of the frontier and the regions whose ideas were 
shaped by recent frontier experiences. Jack- 
son embodied the nationalism, the democracy, 
the opposition to the control of capital, the di- 
rectness and the vigor of the frontier. 

Effect on Diplomacy. — By 1840 the frontier 
had reached the meridian of the great bend of 
the Missouri and settlement was banking up 
against the great plains as before it had against 
the Alleghanies. In the course of the next 
decade the frontier was lodged on the Pacific 
coast, whither fur traders and missionaries had 
preceded it. The diplomatic relations of this 
period with reference to Texas, Oregon and 
California were called out by the advancing 
frontier, and the annexations were made pos- 
sible by the energy of frontier advance. As 
previously, the relation of slavery to this mov- 
ing frontier was a factor of primary import- 
ance, and it gave tone to the political contests 
from that time to the Civil War. 

Effect on Adventurous Characters. — The min- 
ing society in California exhibited typical char- 
acteristics of the frontier remote from con- 
trol of the government amid the excitement of 
gold discovery. The opportunity of sudden 
riches acquired under the frontier freedom of 
individual competition introduced an element 
into American life which was persistent and 
influential. This factor received new empha- 
sis with the opening of the gold and silver 
fields of the Rocky Mountains in the period 



63 



FUGITIVE SLAVES 



of the Civil War where new mining rushes re- 
peated the frontier experiences. Thus the fron- 
tier exhibited an eastward as well as a west- 
ward movement. 

In this period also the Indian frontier ac- 
quired new importance, and the regular Army 
succeeded the frontier militia as the defenders 
of the settlers. This illustrated the growing 
national energy applied to the frontier, and the 
same energy was exhibited in the demand for 
railroad construction across the great plains as 
earlier across the Alleghanies. 

Effect on Political Organizations. — Between 
1870 and 1890 this intervening wilderness was 
broken down by the formation of various new 
frontiers. The farmer's frontier advanced rap- 
idly across the trans-Mississippi prairies until 
it met the check of the arid lands. As the In- 
dians were conquered and forced into reser- 
vations on either side of the newly opened con- 
tinental railroad, the ranching frontier extend- 
ed along the great plains. By 1884 the fron- 
tier barrier of the great plains and the Rockies 
had been pierced by the Southern Pacific Rail- 
road. An era of exceptionally low prices for 
crops and cattle followed. The farmers' move- 
ment in the Granger agitation {see Granger 
Cases), the Greenback (see) contest, and the 
free silver Populist uprising of the nineties, {see 
Silver Coinage Controversy), were indicative 
of the recurrence of the influence of the frontier 
as a debtor region, as well as the over-confi- 
dence and over-production which the rapid 
frontier advance induced. By about 1890, when 
the frontier line was proclaimed at an end, a 
group of new frontier states in proximity to 
northern railroads (North Dakota, South 
Dakota, Montana, Washington, Idaho, and 
Wyoming) had been admitted to the 
Union, and thereby new frontier political in- 
fluence was created, as had been the case when 
the earlier frontier states had been admitted 
between 1816 and 1821. The revolutionizing 
of the Democratic party under Mr. Bryan in 
the election of 1896 was partly due to this in- 
fluence and is comparable to the wave of Jack- 
sonian democracy which rose in the thirties. 

Economic Combinations. — In the more recent 
period the national development has been 
deeply influenced by the efforts to adjust the 
nation to the conditions imposed by the gradual 
extinction of the frontier. The historic com- 
petitive individualism of the frontier was sub- 
ordinated to control by combinations of capital, 
on the one hand, and to increasing reliance by 
the former frontier areas upon national legis- 
lation and popular political organization, on 
the other, to preserve the old democratic ideals 
of equality of opportunity. The political "in- 
surgency" of the West and the strength of the 
Progressive movement in the same regions, with 
its programme of direct popular government 
and political control of economic life, bear wit- 
ness to the changing spirit which appeared as 
the frontier era closed. 



Conservation. — The reclamation of the arid 
frontier and the conservation of natural re- 
sources also became significant as the frontier 
era terminated. Labor no longer found its 
safety in the existence of the free lands of the 
frontier, and sought increasingly to advance 
its interests by national organization. In the 
same period the old expansive tendency of 
American life which had been exhibited in the 
advance of the frontier was continued in the 
extension of settlement and investment of 
American capital across the borders into Can- 
ada and Mexico, and was given new expression 
by the expansion of the nation over-seas in the 
Spanish-American War, when it became a 
world power with distant dependencies. 

American character has been deeply affected 
by frontier experiences. Individualism, an orig- 
inal humor, indifference to old world lessons, 
optimistic faith and a bold and forceful reck- 
lessness in the presence of its vast opportuni- 
ties, characterized the nation. Creative ideal- 
ism and largeness of design went side by side 
with emphasis upon material development. 
These traits found expression in literature and 
politics as well as in economic and social life. 
With the passing of the frontier and its free 
opportunities, the United States seems to ex- 
hibit less assurance in respect to the excellence 
of its institutions, a more critical and discon- 
tented spirit, a greater attention to statistics, 
to the collective problems of society and to the 
experience of other nations. 

See Boundaries, Interior; Indian Policy 
of the United States; Irrigation and Irri- 
gated Lands; Population of the United 
States; Public Lands and Public Land 
Policy ; Physics and Politics ; Physiography 
of North America; Territories, Acquired, 
Status of ; Territories of the United States, 
Organized; West as a Factor in American 
Politics. 

References: F. J. Turner, "Significance of 
the Frontier" in Am. Hist. Assoc, Report, 1893, 
199, reprinted in Bullock, Readings in Eco- 
nomics (1907), "Problem of the West" in 
Atlantic Monthly, LXXVIII, 289, "Contri- 
butions of the West to American Democracy" 
in ibid, XCI, 83; F. L. Paxson, Last American 
Frontier (1910), ch. i; E. C. Semple, In- 
fluences of Geographic Environment (1911), 
ch. vii, and index "Boundaries"; E. L. Godkin, 
Problems of Modern Democracy (1896), ch. i; 
J. E. Cutler, Lynch Law ( 1905 ) ; H. Croly, 
Promise of American Life (1910), ch. i; A. 
B. Hart, National Ideals Historically Traced 
( 1907 ) , chs. i, iii ; K. Coman, Econ. Beginnings 
of the Far West (1913). 

Frederick Jackson Turner. 

FUGITIVE SLAVES. The problem of re- 
capturing fugitive slaves who had escaped into 
another jurisdiction was a permanent accom- 
paniment of the institution of slavery. Ar- 
ticles providing for the rendition of fugitives 



64 



FUGITIVES FROM JUSTICE— FUNDAMENTAL LAW 



were included in the New England Confedera- 
tion of 1643, the Articles of Confederation of 
1781, and the Northwest Ordinance of 1787. 
The Federal Constitution (Art. IV, Sec. ii) 
guaranteed the return of fugitives from la- 
bor, and Congress, in 1793, passed an act pre- 
scribing the procedure to be used in reclaiming 
them. After 1800 slavery became practically 
extinct in the northern states and a sentiment 
sprang up adverse to returning such fugitives 
from service. With the rise of the anti-slavery 
movement (see Abolitionists; Slavery Con- 
troversy), there developed a systematic cus- 
tom of assisting runaway slaves by sending 
them by night from one sympathizer to another. 
This was known as " the underground rail- 
road" and was responsible for the loss of thou- 
sands of dollars worth of slaves annually to 
the northern slave states. As anti-slavery sen- 
timent gained control of northern legislatures, 
many states passed "personal liberty laws'* 
(see) intended to prevent kidnapping of free 
negroes and also to hinder the recapture of 
genuine fugitives. In 1850, in response to bit- 
ter complaints from the slave states, Congress 
passed a more stringent fugitive slave law 
which placed the authority for rendition whol- 
ly in the hands of federal commissioners and 
left the proceedings purely ex parte (see 
Compromise of 1850). In spite of this, the 
northern sympathy for fugitives was so strong 
that in the years before 1860 the new law was 
hardly enforceable in many localities. This 
northern refusal to carry out one of the ex- 
press provisions of the Constitution was one 
of the leading causes assigned in 1861 for se- 
cession. The law was repealed in 1864. See 
Slavery Controversy. References: M. G. 
McDougall, Fugitive Slaves (1891); W. H. 
Siebert, The Underground Railroad (1898) ; 
J. C. Hurd, Laio of Freedom and Bondage 
(1858-1862) ; T. C. Smith, Parties and Slavery 
(1906), index. T. C. S. 

FUGITIVES FROM JUSTICE. A fugitive 
from justice within the meaning of the Federal 
Constitution (Art. V, Sec. ii, ^ 2), providing 
for interstate extradition of criminals, is any 
one who "having within a State committed 
that which by its laws constitutes a crime, 
when he is sought to be subjected to its crim- 
inal process to answer for his offence, . . . 
has left its jurisdiction and is found within 
the territory of another." Roberts vs. Reilly, 
116 Z7. 8. 80. See Extradition, Interstate. 

W. W. W. 

FUGITIVES FROM SERVICE. The contifi- 
uance of slavery always depended upon some 
legal and effective machinery for recovering 
runaway slaves. The English colonies had 
internal laws upon this point, and also inter- 
colonial agreements (see Colonial Interna- 
tional Relations). The first federal treaty 
with the Cherokees in 1778 provided for the 



return of fugitives, as did also the Ordinance 
of 1787; and the Federal Constitution explicit- 
ly provides that "no person held to service 
or labor in one state" shall, if he escapes into 
another, be there set free by the law in that 
other community (Art. IV, Sec. ii, fl 3). 

The phrase "fugitive from labor" in its 
early use included indentured servants, and 
apprentices, but in practice was applied chiefly 
to fugitive slaves. So long as slavery contin- 
ued in several northern communities the pro- 
vision made little trouble ; but after the growth 
of organized abolition (see) agitation, public 
sentiment in many of the northern states was 
hostile to the recovery of fugitive slaves. Some 
acute difficulties occurred over the question of 
what constituted escaping into a free state. 
The fugitive slave law (see) was supplemented 
by some state acts but fell into disuse during 
the Civil War. 

See Abolitionists; Compromise of 1850; 
Slavery as an Economic System; Slavery 
Controversy. 

References: M. G. McDougall, Fugitive 
Slaves (1891) ; W. H. Siebert, Underground 
Railroad (1898) ; A. B. Hart, Slavery and 
Abolition (1906), ch. xix; William Still, Un- 
derground Railroad ( rev. ed., 1883 ) ; Levi Cof- 
fin, Reminiscences (1876) ; S. G. Howe, Refu- 
gees from Slavery in Canada West (1860). 
Albert Bushnell Hart. 

FULLER, MELVILLE WESTON. Melville 
W. Fuller (1833-1910), Chief Justice of the 
United States Supreme Court, was born at Au- 
gusta, Maine, February 11, 1833. In 1855 he 
was admitted to the bar, and for a time was 
associate editor of The Age, a Democratic pa- 
per published at Augusta. He was also pres- 
ident of the common council and city solicitor. 
In 1856 he removed to Chicago, and practiced 
law there until 1888. He was a member of 
the Illinois constitutional convention of 1862, 
and from 1863 to 1865 served in the lower 
house of the legislature. In 1864, 1872, 1876, 
and 1880 he was a delegate to the Democratic 
national convention. His appointment as 
Chief Justice was dated April 30, 1888, but the 
appointment was not confirmed until July 20, 
and he did not take the oath of office until 
October 8. In 1899 he was chosen as one of 
the arbitrators of the boundary dispute be- 
tween Venezuela and British Guiana; and he 
was also a member of the premanent court of 
arbitration at the Hague. His influence upon 
the court, in a period of fundamental economic 
and political change, was conservative and 
even reactionary. He died at Sorrento, Maine, 
July 4, 1910. See Chief Justices. Reference: 
C. D. Walcott, "Melville W. Fuller" in Smith- 
sonian Institution, Annual Report (1910). 

W. MacD. 



FUNDAMENTAL LAW. See Law, Funda- 
mental. 



65 



FUR SEAL CONTROVERSY— FUTURES, DEALING IN 



FUR SEAL CONTROVERSY. A difficulty 
arising out of the claim of the United States 
to the exclusive right to take fur bearing ani- 
mals in the eastern half of Bering Sea. The 
controversy practically begins with a memo- 
randum claiming the Alaskan waters, written 
by acting Secretary French, March 12, 1881. 
In 1886 the matter was brought to a point by 
the capture of several Canadian sealers en- 
gaged in taking seals in these waters, a capture 
confirmed by a decision of Judge Dawson. 
From 1888 to 1893 there were negotiations be- 
tween the two countries, culminating in the 
arbitration of 1893, which found against the 
contention of the United States but recognized 
the desirability of protecting the seals by inter- 
national agreement. See Alaska Boundaey 
Controversy; Boundaries, Exterior; Brit- 
ish North America, Diplomatic Relations 
with; Fisheries, International, Relation 
of Government to; Great Britain, Dip- 
lomatic Relations with; Water Bound- 
aries and Jurisdiction. References: 
J. B. Moore, Digest of Int. Law (1906) ; Am. 
Hist. Leaflets, No. 6 (1892). A. B. H. 

FUSION. Fusion is the combination of two 
or more parties or factions to defeat a strong- 
er one. Such coalition is more or less a tem- 
porary agreement for a specific purpose and is 
usually confined to a particular election. The 
chief parties often take warning from the man- 
ifestations of disaffection within their ranks, 
as when a faction withdraws to vote with an 
opposing partry or to aid in forming a new 
party, or when individuals vote independently 
against their party; and tend to reconsider the 
party principles, to restate the party doc- 
trines, and to reshape the issues of the day 
in a manner to win back the disaffected or to 
prevent secession. 

Many instances of fusion occur in American 
political history. In the presidential election 
of 1860 the two wings of the Democratic party 
had each a ticket in the field. Both wings 
were desirous of defeating Lincoln, and to that 
end it was arranged in certain states to pre- 
sent a fusion electoral ticket with names cho- 
sen partly from one faction and partly from 
the other. A fusion ticket made up of three 
Democrats and four Greenbackers was voted 



for in Maine in 1880, a "straight" Greenback 
ticket being also in the field. In Virginia, 
the same year, Democrats and Readjusters 
both voted for the regular Democratic electors. 
Again, in 1896 Populists and Democrats com- 
bined and put out fusion tickets in twenty-six 
states, hoping to defeat McKinley. In some 
states Democrats fused with Populists, in 
others with "Silver" Republicans. 

See Party, Place and Significance of. 

References: E. Stanwood, Hist, of the Pres- 
idency (1898), 397, 515, 564; T. H. McKee, 
National Conventions and Platforms (1901), 
198, 326; W. A. Peffer, "The Passing of the 
People's Party" in North Am. Review, 
CLXVI (1898), 12-23; E. P. Clark, "Popu- 
lism in the Saddle" in Nation, LXX (1900), 
372. Jesse Macy. 

FUTURES, DEALING IN. A mechanism 
of an exchange (see). To sell (or buy) a fu- 
ture is to contract to deliver (or accept) at a 
stipulated time subsequent to the making of 
the contract, a stipulated quantity of a com- 
modity (or stock or bond) at a stipulated 
price. The seller need not have the commod- 
ity in his possession; in fact the term has 
come to be associated with such speculative 
transactions. The" seller contracts, believing 
that prices will fall and that he can buy for 
delivery at a profit; the buyer contracts, be- 
lieving that prices will rise and that he can 
sell at a profit. Such organized speculation 
performs two important economic functions: 
(1) it serves society in general by its direc- 
tive influence on prices through equalization 
in time; (2) it serves trade as such by its 
risk-bearing functions; e. g., it enables a man- 
ufacturer who takes orders for manufacture 
and delivery at some future time and intends 
to buy his materials at the time of manufac- 
ture, to protect himself from loss through a 
rise in the price of materials, by buying a 
future. For a fee the risk is assumed by 
dealers in futures. See Exchanges, Busi- 
ness; Gambling; Securities, Federal 
Commission on; Stocks and Bonds. Refer- 
ences: H. C Emery, Speculation on the Stock 
and Produce Exchanges (1896), 96-170; Am. 
Year Booh, 1910, and year by year. 

H. S. P. 



66 



GADSDEN PURCHASE— GALLATIN, ALBERT, 



G- 



GADSDEN PURCHASE. When the commis- 
sioners of Mexico and the United States at- 
tempted to mark the boundary line determined 
by the treaty of Guadalupe Hidalgo, 1848, they 
found it vaguely described, and the map given 
them as an official guide to be geographically 
incorrect. This caused a dispute over the 
ownership of the Mesilla Valley, south of the 
Gila River, which was keenly desired by the 
United States since it had been discovered to 
be the only practicable southern route for a 
railroad to the Pacific. Another cause of fric- 
tion was the eleventh article of the treaty 
of 1848, which bound the United States to 
prevent its Indian tribes from making depreda- 
tions into Mexico. This provision had been 
almost impossible to carry out; as a conse- 
quence much damage had been inflicted upon 
Mexicans for which their Government de- 
manded compensation. 

To settle both disputes, James Gadsden, the 
American minister to Mexico, was commis- 
sioned to negotiate with that country. He 
signed a treaty Dec. 30, 1853, which, after be- 
ing amended in important respects by the 
Senate of the United States, provided for the 
payment, by the United States, of $10,000,000 ; 
the cession by Mjexico of 45,535 square miles, 
which now form the southern part of New 
Mexico and Arizona; the abrogation of the 
eleventh article of the treaty of 1848; and the 
release of the United States from all claims for 
its non-fulfillment. As originally drawn the 
treaty included the cession of a much larger 
territory and the payment by the United 
States of $20,000,000. Unfortunately some 
suspicion of bribery and jobbery attaches to 
the negotiations and the payment of the pur- 
chase money. Mexico accepted the Senate 
amendments; Congress made the necessary 
appropriations; and ratifications were ex- 
changed, June 30, 1854. 

See Boundaeies of the United States, 
History of ; California and New Mexico, 
Annexation of; Guadalupe Hidalgo, Treaty 
of; Mexico, Diplomatic Relations with; 
Pacific Railroads. 

References: E. J. Carpenter, Am. Advance 
(1903), ch. vii; J. B. Moore, Digest of Int. 
Law, I (1906), 460-462; W. M. Malloy, Treat- 
ies and Conventions, 1116-1909 (1910), 1121- 
1125. George H. Blakeslee. 

GAG LAWS. The gag laws, or gag reso- 
lutions, were attempts to prevent the discus- 
sion of the slavery question in Congress. 



67 



Many felt that anti-slavery agitation would 
cause the dissolution of the Union. May 26, 
1836, the House adopted a rule to the effect 
that all petitions relating + o slavery, without 
being read, should be laid on the table. Ses- 
sion after session for several years the gag 
laws were reenacted. The opposition insist- 
ed that the right to petition given by the 
First Amendment, includes the right to have 
the petition heard. These rules were finally 
voted down in 1844. See Slavery Controver- 
sy. References: A. B. Hart, Slavery and Abo- 
lition (1907), 259-271; J. B. McMaster, Hist. 
of the People of the U. 8., VI ( 1906 ) , passim; 
J. F. Morse, John Quincy Adams (1887), 306- 
308. T. N. H. 

GAG RESOLUTIONS. The term is applied 
to efforts by rules to put a stop to discussion 
in deliberative bodies. The best known illus- 
tration is the struggle in the federal House of 
Representatives from 1835 to 1844, to shut 
out petitions regarding slavery. John Quincy 
Adams vigorously opposed these resolutions. 
The same object has been obtained in legisla- 
tive bodies by the autocratic power of a pre- 
siding officer or a committee on rules. See 
Petition, Right of; Rules; Slavery Contro- 
versy. References: A. B. Hart, Actual Gov- 
ernment (1908), 112, 116, Slavery and Aboli- 
tion. ( 1908 ) , ch. xviii ; John Quincy Adams, 
Memoirs (1877). T. N. H. 

GALLATIN, ALBERT. Albert Gallatin 
(1761-1849) was born at Geneva, Switzer- 
land, January 29, 1761. He came to the Unit- 
ed States in 1780, was an instructor at Har- 
vard College, and in 1784 settled in Fayette 
County, Pa., then claimed by Virginia, where 
he had taken up land. In the discussions over 
the ratification of the Federal Constitution he 
allied himself with the Anti-Federalists, was 
a member of the Pennsylvania constitutional 
convention of 1789-90, and from 1790 to 1792 
sat in the state house of representatives. In 
1793 he was elected United States Senator, 
but was unseated after a brief service on the 
ground of ineligibility. He was involved in 
the preliminaries of the Whiskey Insurrection 
of 1794, though opposed to violence, and in- 
curred the enmity of the Federalists on that 
account. He returned to Congress in 1795, 
and until 1801 was the recognized leader of 
the Republicans in the House. In 1801 he was 
appointed Secretary of the Treasury, in which 
office he took a rank only second to that of 






GALVESTON— GAMBLING 



Hamilton as a public financier. He held the 
office until 1814, but in 1813 was appointed 
special commissioner to negotiate peace with 
Great Britain, and signed the treaty of Ghent 
in 1814. From 1816 to 1823 he was minister 
to France. He was the caucus nominee for 
the vice-presidency in 1824, but withdrew be- 
cause of doubts regarding his eligibility. In 
1826-27 he was minister to Great Britain, 
He died at Astoria, N. Y., August 12, 1849. 
See Democratic-Republican Party; Great 
Britain, Diplomatic Relations with; In- 
ternal Improvements; Treasury Depart- 
ment. References: H. Adams, Ed., Writings of 
Albert Gallatin (1879), Life of Albert Galla- 
tin (1879); J. A. Steven', Albert Gallatin 
(rev. ed., 1898). W. MacD. 

GALVESTON. Galveston dates its corpo- 
rate existence from 1839, but permanent set- 
tlement of the island began two years earlier. 
Its population was 5,513 in 1850, 37,789 in 
1900, and 36,981 in 1910. September 8, 1900, 
a storm laid in ruins a large part of the city 
and destroyed one-seventh of its population 
From the crisis which followed the present 
charter of the city was evolved. This vests 
the government in a board of five officials, a 
mayor-president and four emnmissioners, elect- 
ed at large for a term of two years. There is 
no recall {see), but officers are removable by 
legal process. The administration is divided 
into departments of: (1) finance and reve- 
nue; (2) police and fire; (3) streets and pub- 
lic property; (4) waterworks and sewerage; 
and immediately after election the board, by 
majority vote, assigns a department to each 
commissioner. Regular public meetings are 
held weekly, and special ones as often as neces- 
sary. The mayor-president presides, votes, has 
advisory power, and is the chief executive; 
but he can not interfere of his own authority 
in the department of a commissioner, and he 
has no veto. Each commissioner is responsible 
for the management of his department. He 
nominates its employees, audits its accounts, 
and prepares its budget; but appointments are 
made by majority vote of the board, accounts 
are not paid without the approval of two com- 
missioners, and contracts requiring the expen- 
diture of more than $500 must be advertised 
and awarded to the lowest responsible bidder. 
The general annual budget, formed by the 
board, must not exceed the revenue, and con- 
tractors who furnish labor and material to 
the city are enjoined by the charter to expect 
payment solely from the income of the current 
year. Public franchises can not be granted 
until their terms have been duly advertised, 
are limited to fifty years, and the city re- 
serves supervisory power with authority to re- 
voke for cause. Thus, while responsibility is 
centralized, sufficient checks are imposed upon 
the commissioners to make peculation difficult 
and sure of detection. The success of the Gal- 



veston government can be partially seen from 
a financial statement. When it went into op- 
eration the debt of the city was $3,000,000, 
bonds have since been issued for $2,775,000, 
and more than $1,000,000 has been expended 
from the general revenue for public improve- 
ments, but the present debt is less than 
$4,500,000. The direct, expeditious methods 
of a successful financial corporation are em- 
ployed in the management of the city's busi- 
ness, and the result is similar. Since 1901 
the city has had three mayor-presidents, one 
of whom was removed by death, but the same 
four commissioners have been continuously re- 
elected. There is a healthy opposition to the 
administration, however, and the popular in- 
terest in public affairs is evident from the fact 
that seventy-seven per cent of the qualified 
voters voted in the regular election in May, 
1911. See Commission System of City Gov- 
ernment. References: Charter of the City of 
Galveston ( 1903 ) ; E. R. Cheeseborough, Gal- 
veston's Commission Form of City Government 
(1909) ; F. H. MacGregor, City Government by 
Commission (1911), 35-40, 77-82; C. R. Wood- 
ruff, Ed. City Gov. by Commission (1911), 
chs. iv, xi, xii; Henry Bruere, New City Gov- 
ernment (1912). E. C. B. 

GALVESTON PLAN OF CITY GOVERN- 
MENT. See Commission System of City 
Government; Galveston. 

GAMBLING. Financial transactions depend- 
ing for success chiefly upon chance or unknown 
contingencies are usually regarded as gambling 
contracts and are enumerated in great detail 
in many statutes aimed at the prevention of 
gambling. Such contracts may be summarized 
as: (1) betting or wagering, in which sums 
of money or valuables are staked on the hap- 
pening, not happening, or outcome of some un- 
certain event, such as an election, race, game 
or contest between man or beast; (2) gaming, 
in which stakes are won or lost on the outcome 
of games of chance played with cards, dice and 
other devices, such as poker, roulette, faro, 
loto, craps, nickel-in-the-slot machines, etc.; 
(3) lotteries, raffles and gift enterprises of all 
sorts, in which the participants pay a valuable 
consideration for the chance of drawing a prize 
or receiving a sum of money or something of 
value, by lot; (4) various kinds of disguised 
gambling conducted under the guise of legiti- 
mate business, such as stock- jobbing, speculat- 
ing or dealing in futures, where the actual de- 
livery of commodities is not intended, but 
merely the settlement of future differences in 
prices. 

Lotteries (see) stock- jobbing (see) and race- 
track gambling (see) are discussed separately 
and we shall deal here only with statutes cov- 
ering gaming, betting and wagering on elec- 
tions, games and contests other than horse- 
racing. 



68 



GAME LAWS 



Civil Liability. — Throughout the United 
States such gambling contracts are declared 
invalid and unenforceable. Consequently, as 
no civil action can be brought, the winner can- 
not maintain an action against the loser for 
the stake, although in many states the loser 
who has voluntarily paid his losses to the 
winner is enabled to recover such losses. This 
right is usually extended to his wife and chil- 
dren. In many states, also, gambling on credit 
is prevented by statutes annulling securities 
given on gambling considerations. 

Criminal Liability. — These provisions under 
the civil laws, are generally accompanied by 
provisions under the penal laws which make 
the act of gambling involved in such contracts 
a criminal offense. In such laws, however, the 
greatest diversity exists, both in wording and 
in detail of application. In some cases the law>3 
apply indiscriminately to all forms of gamb- 
ling; while in others they apply only to cer- 
tain kinds. Many statutes specify in great 
detail the particular forms of gambling pro- 
hibited, but no two states agree on the same 
enumeration. 

Election Bets. — With the exception of five 
states and one territory (Georgia, Massa- 
chusetts, Rhode Island, Texas, Washington, 
Philippines) all the states and territories 
specifically declare betting or wagering on 
elections illegal and regard such an offense as 
a misdemeanor. In seven states (Florida, 
Missouri, New York, Oregon, West Virginia, 
Wisconsin, Wyoming) the offender may be de- 
prived of his privilege to vote, and in one 
state (West Virginia) he may be required to 
forfeit the sum wagered. 

Places. — The other forms of gambling within 
the scope of this article are unconditionally 
prohibited in hotels, inns and taverns, and at 
race-fields, fairs and public places in general. 
In a few states (Texas, Virginia, West Vir- 
ginia) gambling in public places is considered 
a greater offense than in private dwellings. 
Gambling houses, where gambling is carried 
on as a business, are invariably subject to 
severe legislation, and provisions are usually 
found which make it an offense to carry on 
gambling surreptitiously in billiard rooms and 
other places licensed to carry on legitimate 
business. In a number of jurisdictions, also, 
the law applies to gambling on vessels, trains 
and other vehicles, and in Ohio to the use of 
telegraph lines for such purposes. 

Personal.— The effectiveness of these stat- 
utes is further increased by provisions which 
hold responsible all persons connected with 
such transactions, including in addition to 
those who actually gamble, those who own, or 
rent gambling houses or gambling devices, 
who act as agents, superintendents or assist- 
ants in any capacity, or who in any way en- 
tice minors to gamble or to enter a gambling 
resort. 

While there are no federal statutes bearing 



upon this subject other than one dealing with 
lotteries (28 Statutes at Large 963) the states 
have endeavored to make their laws more ef- 
fective by delegating to the municipalities the 
power to suppress gambling under ordinances 
in harmony with the state laws. 

Penalties. — With the exception of a few 
states w'hich regard gambling as a felony, the 
offense is regarded as a misdemeanor and the 
punishment is a fine, imprisonment or both, 
at the discretion of the court. It is also the 
custom in most places to destroy, by fire or 
otherwise, the gambling devices confiscated by 
the authorities. 

Enforcement- — Owing to the connivance be- 
tween the police and those who maintain pub- 
lic gambling places, and the payment of hush 
money and owing to the indifference in many 
communities with respect to the punishment of 
the minor forms of gambling in hotels, on 
trains and in public places, laws for the pro- 
hibition of gambling usually fail of enforce- 
ment; but sometimes serve to restrict and 
control the evil to some extent. A prime dif- 
ficulty is that the man who loses, as well as 
the man who wins, seeks the opportunity of 
gambling; and in few cases will testify against 
those who gave him the opportunity. Evidence 
has to be sought by detectives; then follow 
"raids" by the police; then legal proceedings 
with small or no penalties. 

See Amusements, Regulation of; Fkaud, 
Prevention of; Futures, Dealing in; Lot- 
teries; Police Power; Public Morals, Care 
for; Race Track Gambling; Stock Jobbing. 

References: American Bar Association, An- 
nual Reports; F. J. Stimson, Federal and 
State Constitutions of the U. 8. (1908) ; J. R. 
Dos Passos, Stock Brokers and Stock Ex- 
changes (1882); Am. Year Book, 1910, 421, 
and year by year. 

S. McC. Lindsay and H. W. Nudd. 

GAME LAWS. Game laws in America be- 
gan with the hunting privileges granted the 
West India Company in 1629. Much legisla- 
tion has been enacted by the several states with 
so little uniformity that Congress was asked 
(1912) to protect migratory birds of economic 
value to agriculture by a federal law. By 
1800 fourteen states had fixed close seasons 
for many animals chiefly deer, wild turkeys, 
heath hens, partridges and quail, and further 
restricted promiscuous slaughter by hunters. 
Little effective legislation antedates 1850 but 
each decade since has brought more laws in- 
creasing the amount of protection and the 
range of animals covered. Game wardens 
(Maine, 1852) and hunters' licenses (1895) are 
effective means of enforcement. A "more game 
movement" was inaugurated in 1908 and 
the economic motive for game protection em- 
phasized. From 1901 to 1912, 1,324 game laws 
were passed in the several states besides a 
large number of local ordinances. The U. S. 



69 



GARBAGE REMOVAL— GARRISON, WILLIAM LLOYD 



Department of Agriculture publishes annually 
a farmers' bulletin containing a summary of 
game laws in force throughout the country, 
giving the provisions relating to seasons, ship- 
ments, sale, limits and licenses. The protec- 
tion of birds and their value to farmers gains 
recognition in legislation through the efficient 
work of the Audubon Societies. See Cruelty 
to Animals. S. McC. L. 

GARBAGE REMOVAL. The primitive 
method of removing garbage was to allow pigs 
to run through the streets of a community and 
eat it up. There are some American towns 
where this practice prevails. In other places 
people who keep pigs come into the city and 
haul the garbage away, a method successful 
only where the garbage is unputrified. Oc- 
casionally a town disposes of garbage by put- 
ting it on the fields as a fertilizer. It has 
much fertilizing value, but quite rapidly sours 
a soil. 

Another method is to get from garbage its 
fuel value, or at least to burn it up. For 
cities that are of less than 100,000 inhabitants 
this is regarded as the most economical method 
of disposal of its garbage. There is enough 
fuel, fertilizer and fat value in the average 
American garbage to make it pay the expense 
of the operation of the plant; to carry a cer- 
tain amount of earning on the investment and 
properly managed, to leave a considerable 
amount after something has been written off 
for depreciation. An important item in the 
disposal of garbage is the cost of the hauling. 
Ordinarily it is collected by wagons, the most 
expensive form. Sea coast cities frequently 
tow it out to sea and dump it subject to flow- 
ing back on the tide. The duty of the city to 
remove garbage is based on the ground that 
garbage does harm from several standpoints. 
(1) It offends the esthetic sense. (2) It 
harms a neighborhood to have the odor of gar- 
bage in that neighborhood. (3) It diminishes 
the value of property to have garbage freely 
seen or freely observed in a good neighbor- 
hood. (4) It serves a breeding and feeding 
place for flies. According to the Chicago com- 
mission dealing with the subject, garbage 
should be collected daily, under strict regula- 
tion of the private scavengers who operate, 
by providing that garbage must be hauled in 
iron wagons with metal coders, and that col- 
lections may not be made in the downtown 
districts during the twelve hours beginning at 
7 a. M. 

That the subject is a pressing one is indicat- 
ed by the commission's figures for Chicago of 
the tonnage of garbage collected by the city 
and sent to the private reduction plant: 
100,133 tons were delivered in the first ten 
months of 1911, as compared with 84,248 tons 
for the same period of 1910. Betwen 85 and 
90 per cent of the garbage collected by the 
city, it is said, is sent to the reduction plant. 

70 



The rest is still being dumped into clay holes. 
In addition there is a quantity of garbage 
dumped by private scavengers, an estimate ot 
which is not available. 

See Health, Public, Regulation of; Sew- 
ers and Sewerage; Street Cleaning. 

References: M. Cerf and others, Refuse In- 
cinerator (1911); R. E. Goodell, Reorganiza- 
tion of the System of Garbage Collection 
(1912); W. F. Morse, "Collection and Dis- 
posal of Municipal Waste" in Municipal Jour- 
nal ( 1909 ) ; H. de B. Parsons, City Refuse and 
its Disposal (1909). 

Clinton Rogers Woodruff. 

GARFIELD, JAMES A. James A. Garfield 
(1831-1881) entered political life in 1859 
as a radical anti-slavery member of the state 
senate of Ohio. After a period of honorable 
military service, in 1861-62 he was elected to 
the national House of Representatives, where 
he took his seat in December, 1863. In Con- 
gress he attained distinction and leadership. 
He advocated the vigorous prosecution of the 
war, the confiscation of Confederate property, 
and the emancipation of the slaves, and in 
1864, dissatisfied with the moderate policies 
of the Lincoln administration, he accorded to 
the Wade-Davis manifesto his unreserved ap- 
proval. Throughout the era of reconstruction 
he continued to be identified with the radical 
Republican element. 

In 1880, having served nine consecutive 
terms in the lower house, he was elected to 
the Senate. In the same year, however, he was 
hit upon by his party as a compromise candi- 
date and was placed in nomination for the 
presidency. At the close of the vituperative 
campaign which ensued Garfield and Arthur 
triumphed over Hancock and English by a 
majority of 214 to 155 electoral votes. 

Assassination at the hand of a disappointed 
office-seeker cut short the new President's 
career within four months following his in- 
auguration. The principal political fact of 
these four months was the party disruption 
which arose from Garfield's disregard of the 
Conkling faction of New York politicians in 
the selection of his Cabinet officers and in the 
appointment of an anti-Conkling man to the 
collectorship of the port of Few York. 

See Reconstruction; Republican Party; 
Presidential Elections. 

References: J. A. Gilmore, James A. Gar- 
field (1880); B. A. Hinsdale, Ed., James A. 
Garfield, Works (1881) ; W. O. Stoddard, Life 
of James A. Garfield (1889); H. C. Pedder, 
Garfield's Place in History (1882). 

F. A. Ogg. 

GARRISON, WILLIAM LLOYD. William 

Lloyd Garrison (1805-1879) was born at New- 
buryport, Mass., December 10, 1805. He be- 
came a printer, and for a number of years 
worked as printer and editor at Newburyport, 



GAS LIGHTING, PUBLIC REGULATION OF— GAYNOR, WILLIAM JAY 



Boston, and Bennington, Vt. In 1829 he joined 
Benjamin Lundy, who was editing the Genius 
of Universal Emancipation at Baltimore. Here 
his outspoken denunciation of the domestic 
slave-trade led to fine and imprisonment. He 
shortly returned to Boston, where, on January 
1, 1831, he issued the first number of The 
Liberator, in which he proclaimed unqualified 
and relentless opposition to slavery. He was 
the prime mover in the organization of the 
New England Anti-Slavery Society in 1832, 
and the American Anti-Slavery Society in 
1833; and was president of the latter society 
from 1843 to 1865. In 1833 he made a formid- 
able attack on the American Colonization So- 
ciety in his Thoughts on African Colonization. 
His intense opposition to slavery, based pri- 
marily on moral grounds, made it impossible 
for him to act with any political party, and 
he even refused to vote; while his extreme 
utterances tended often to alienate all save 
the most radical of his supporters: but the 
agitation which he initiated and vitalized gave 
the death-blow to slavery. On the adoption 
of the Thirteenth Amendment, in 1865, he dis- 
continued The Liberator, and thenceforward 
turned his attention to other reforms. He died 
at New York City, May 24, 1879. See Slavery 
Controversy. References: W. L. and F. P. 
Garrison, William Lloyd Garrison (1885-89) ; 
L. Swift, William Lloyd Garrison (1911) ; A. 
B. Hart, Slavery and Abolition (1906). 

W. MacD. 

GAS LIGHTING, PUBLIC REGULATION 

OF. Thoroughgoing legulation of gas lighting 
necessitates information as to the following 
points: (1) franchise grants and their inter- 
pretation; (2) the cost of construction, main- 
tenance and operation of the lighting properties 
including accurate valuations of all plants and 
their accessories; (3) the rates charged for gas 
and regulations as to service, with proper and 
adequate standards as to what reasonable rates 
and service are; (4) control over the account- 
ing methods used by the gas company and over 
issues of new securities. 

In general five methods of regulation have 
been followed: (1) law suit; (2) legislation, 
state and municipal; (3) initiative and ref- 
erendum; (4) sliding scale method; (5) public 
service commissions. Regulation by law suit 
was the method employed during the middle 
part of the nineteenth century and has largely 
failed to secure results as it is too expensive 
and too cumbersome, and does not give a 
ready hearing to the interests of the con- 
sumer and the community as a whole. Regu- 
lation by statutory provisions largely failed as 
the provisions were evaded. The attempts to 
regulate by giving to the people and the com- 
panies power to initiate franchises and regu- 
lative ordinances proved inadequate because 
the people did not have sufficient information 
to draw up, or pass upon, the adequacy of the 



needed laws, ordinances and franchises. Under 
the sliding scale method, the price for gas and 
the rate of dividends are fixed; the company 
may increase its rate of dividends only by mak- 
ing a corresponding reduction in the price of 
gas. This method has been of no little effica- 
cy but has been supplanted, as the others now 
have to an increasing extent, by the creation 
of public service commissions, municipal and 
state, with thoroughgoing control over the in- 
formation indicated above as necessary for ade- 
quate regulation. 

For adequate regulation there is needed a 
tribunal that will recognize the rights, duties 
and obligations of: (1) the individual con- 
sumer; (2) the community as a whole; (3) 
the corporation. Public service commissions, 
that is, expert administrative tribunals re- 
sponsible to the people, with expert assistance 
in arriving at reasonable valuation, rates and 
standards of service, have proved to be the 
best agencies for the adjustment of the con- 
flicting interests of these three parties to gas 
lighting. 

Adequate regulation necessitates municipal 
ownership and operation of all the testing 
apparatus, especially photometers for testing 
the illuminating power of gas, machines for 
testing the heating quality of the gas, meter 
testing apparatus, equipments necessary for 
testing chemical properties, and the required 
number of stations for testing pressure. 

See Public Service Commissions; Public 
Utilities. 

References: R. H. Whitten, Valuation of 
Public Service Corporations (1912) ; "Street 
Lighting" in University of Illinois, Bulletin 
2\ T o. 51 ( 1911 ) ; E. S. Bradford, "Municipal 
Electric Lighting," "Municipal Gas Lighting" 
in Wisconsin Legislative Reference Bureau, 
Bulletin (1906) ; C. L. King, Regulation of 
Municipal Utilities (1912) ; various state and 
municipal public service commissions, Reports; 
D. F. Wilcox, Municipal Franchises (1910-11) ; 
Bruce Wyman, Special Lata Governing Public 
Service Corporations and All Others Engaged 
in Public Employment (1911). 

Clyde L. King. 

GAYNOR, WILLIAM JAY. William J. Gay- 
nor (1851-1913) was born at Whitestown, N. 
Y., in 1851. In 1875 he was admitted to the 
bar at Brooklyn. He early entered politics as 
a Democrat, and attracted attention by his 
vigorous opposition to corrupt officials and 
their methods. He was active in securing the 
conviction of John Y. McKane, one of the most 
notorious New York bosses, in 1894, for elec- 
tion frauds in Gravesend, and was a leader in 
the overthrow of the Democratic ring rule in 
Brooklyn. In 1893 he was nominated by the 
Republicans and independent Democrats for 
justice of the state supreme court, and elected; 
in 1907 he was reelected. A decision of his 
in connection with a street railway strike in 



71 



GEARY LAW ON CHINESE— GENERAL WELFARE CLAUSE 



Brooklyn, in January, 1895, was a notable 
statement of the obligations of railway com- 
panies to the public. In 1909 he was the 
Tammany candidate for mayor of New York, 
and was the only one of the ticket elected. An 
attempt to assassinate him was made in 1910. 
In 1913 he was renominated on an independent 
ticket, but died suddenly before the campaign 
began. See Democbatic Party; Mayor and 
Executive Power in American Cities; New 
York City. Reference: Am. Year Book, 1912, 
1913. 

W. MacD. 

GEARY LAW ON CHINESE. This statute, 
passed May 5, 1892, reenacts for ten years the 
existing laws concerning Chinese exclusion; 
places on the Chinese the burden of proof by 
"one credible white witness" of a right to re- 
main in the United States; subjects Chinese 
adjudged unlawfully within the country to im- 
prisonment at hard labor prior to deportation 
— a clause later declared unconstitutional, un- 
less based on trial by jury; prohibits bail pend- 
ing the hearing of habeas corpus proceedings on 
Chinese refused landing; requires Chinese en- 
titled to remain in the country to register and 
receive a certificate of residence within a year, 
failing which they are adjudged unlawfully 
within the country and must be ordered de- 
ported; empowers the Secretary of the Treas- 
ury to make regulations for enforcement. See 
Alien; China, Diplomatic Relations with; 
Chinese Immigration and Exclusion; Nego- 
tiation of Treaties by the United States. 
References: W. A. Richardson, Supplement to 
the Revised Statutes of the United States, II 
(1895), 13-14, citation of decisions 18-19; M. 
R. Coolidge, Chinese Immingration ( 1909 ) , 
213-233; Lucile Eaves, History of California 
Labor Legislation (1910), 193-196. 

E. H. V. 

GENERAL COURT. The designation ap- 
plied during colonial times to the legislative 
assemblies of Massachusetts and New Hamp- 
shire and subsequently to their state legisla- 
tures. The general court of Massachusetts is 
the continuation of the "Great and General 
Court" of the Massachusetts Bay Company. 
Under the charter of 1629 it consisted of a 
quarterly meeting of all the freemen or stock- 
holders; and under the provincial charter of 
1691 it was composed of the governor and coun- 
cil, or assistants, and the elected representa- 
tives of the towns. See Colonial Charters; 
State Legislature. Reference: W. Mac- 
Donald, Select Charters (1899), 40-41, 208. 

O. C. H. 



GENERAL TICKET SYSTEM. 

trict System. 



See Dis- 



GENERAL WARRANT. See Wareants, 
General. 



GENERAL WELFARE CLAUSE. The Con- 
stitution of the United States (Art. 1., Sec. 
viii, f[ 1) gives Congress power "To lay and 
collect taxes, duties, imposts, and excises, to 
pay the debts and provide for the common de- 
fence and general welfare of the United States." 
This clause is often referred to as if it con- 
tained a substantive grant of power to provide 
for the general welfare. Such an interpreta- 
tion is, however, entirely at variance with ac- 
cepted principles of constitutional construction. 
The government of the United States is a gov- 
ernment of enumerated powers. It is true 
that the powers are enumerated rather than de- 
fined; but if the government had authority in 
the large to care for the general welfare, there 
would be no reason for naming the powers 
granted. The very section which contains the 
words above quoted has some sixteen other 
paragraphs granting distinct powers to Con- 
gress. 

There are, however, more serious questions. 
Does the clause grant a general power to tax? 
Or does it only grant the power in order to 
provide for the common defence and general 
welfare? Or does it, on the other hand, only 
grant the power to tax for carrying out the spe- 
cific powers enumerated in the Constitution? 
One cannot say there is final and authoritative 
construction on which we can rely. The last 
of these three alternatives would appear on 
principle to be the correct one; but inasmuch 
as the specific purposes for which money is 
raised are not commonly stated in bills for 
raising revenue, this question can, with diffi- 
culty, if at all, be raised as a practical ques- 
tion. Again, should the words, "To pay the 
debts and provide for the common defence and 
general welfare," be closely attached to this 
power to tax, or are they in effect a distinct 
grant of power to appropriate? And, if the 
latter interpretation holds, is appropriation 
restricted to the objects concerning which Con- 
gress is given direct power to act, or is the 
power only limited by considerations of gen- 
eral utility? Here, as before, theories may be 
interesting but conclusions are difficult. In 
the debates concerning internal improvements 
{see) in the early decades of the nineteenth 
century this question received much considera- 
tion. We are probably justified in saying that 
the doctrine is now established by precedent 
and practice, that Congress can make appro- 
priations for objects beyond its own immediate 
power of regulation and control. President 
Monroe, although he vetoed the Cumberland 
Road Bill, May 4, 1822, proclaimed his belief 
in the full power of Congress to grant money 
for general purposes: "My idea is," he said, 
"that Congress have an unlimited power to 
raise money, and that in its appropriation they 
have a discretionary power, restricted only 
by the duty to appropriate it to purposes of 
common defense and of general, not local, na- 
tional, not state, benefit." 



72 



GENEVA ARBITRATION— GEOGRAPHICAL SURVEYS AND MAPS 



See Construction ; Implied Powers; In- 
ternal Improvements. 

References: J. D. Richardson, Messages and 
Papers of the Presidents (1896), I, 584-5, II, 
162-173; W. W. Willoughby, The Constitu- 
tional Law of the United States (1910), I, 
39-40, 588-593; J. R. Tucker, The Constitution 
of the United States (1899), I, 470-492. 

Andrew C. McLaughlin. 

GENEVA ARBITRATION. The Geneva tri- 
bunal, provided under the Treaty of Wash- 
ington to settle damages from Confederate ves- 
sels constructed or equipped in English ports, 
met at Geneva, Switzerland, on December 15, 
1871. It consisted of five arbitrators chosen re- 
spectively by President Grant, the Queen of 
England, the King of Italy, the President of 
the Swiss Confederation and the Emperor of 
Brazil. It was governed by three rules of neu- 
trality laid down in the treaty (see Alabama 
Claims) and principles of international law 
not inconsistent therewith. 

Bancroft Davis prepared the American case, 
charging Great Britain with various acts show- 
ing lack of due diligence in enforcing a neutral 
policy and claiming damages, direct and indi- 
rect, for the injuries committed by thirteen 
vessels — including the Alabama, Georgia, Flor- 
ida and Shenandoah, which the British repre- 
sentatives thought the only ones coming under 
the arbitration. The persistence in pressing the 
indirect claims caused the British Government 
to threaten withdrawal from the arbitration. 
C F. Adams (see), the American arbitrator, 
thereupon under instructions from Washington 
so far gave way that the tribunal, without ex- 
pressing an opinion on the political question 
involved, ruled their indirect claims out. 

The tribunal decided that the British lack of 
proper legislation could not justify failure of 
due diligence; and declared its liability for the 
acts of the Florida and Alabama and their 
tenders, and the Shenandoah after her depart- 
ure 'from Melbourne. On September 14, it 
awarded to the United States a lump sum of 
$15,500,000 as indemnity. The award was 
signed by all arbitrators except Sir Alex. 
Cockburn (the English member), who declared 
Great Britain liable only for the cruiser Ala- 
bama and filed a dissenting opinion after ad- 
journment. The $15,500,000 was found much 
above the claims acknowledged as good by the 
United States; and the balance was distributed 
to the insurance companies whose claims had 
been ruled out. by the tribunal. 

See Alabama Controversy; Arbitrations, 
American; Great Britain, Diplomatic Rela- 
tions with. 

References: J. G. Blaine, Twenty Years of 
Congress (1886), II, ch. xx; C. Cushing, Treaty 
of Washington (1873); J. C. B. Davis, Mr. 
Fish and the Alabama Claims (1893) ; J. W. 
Foster, Century of Am. Diplomacy (1900), 424- 
27; J. B. Moore, Int. Arbitrations (1898), I, 



ch. xiv, 556-682, Digest of Am. Int. Law 
(1906), VII, 52, 1059-1076; Edward Smith, 
England and Am. (1909), ch. xxii; Francis 
Wharton, Int. Law Digest (1887), III, 630- 
652; Harper's Mo. Mag. (Nov., 1872), 913-32. 
J. M. Callahan. 

GENTLEMEN'S AGREEMENTS. Informal 
agreements between railroad officials usually 
with the object of securing the maintenance of 
rates, thus eliminating competition. See Pool- 
ing in Railroads; Traffic Agreements. 

F. H. D. 

GEOGRAPHIC BOARD OF THE UNITED 
STATES. This organization was created 
in 1890 by cooperation of representatives of 
the map-making bureaus of the Government as 
a Board on Geographic Names, for the purpose 
of settling in cases of disputed nomenclature 
the form to be adopted in all Government 
usage. Later in the same year, it was given 
official sanction by an order of President Har- 
rison. Subsequent executive orders increased 
its powers. During its twenty-three years of 
existence, the board has rendered more than 
8,000 decisions regarding place names. See 
Area of the United States; Physiography 
of North America. Reference: U. S. Geogra- 
phic Board, Reports. H. G. 

GEOGRAPHICAL SURVEYS AND MAPS. 
Prior to the formal organization of the U. S. 
Coast and Geodetic Survey (see) in 1832, geo- 
graphic work within the territory of the Unit- 
ed States lacked well-determined base-lines; 
maps were mostly compiled from serviceable, 
though inaccurate, surveys constructed with 
chain and compass by state, county, or private 
surveyors. 

Coast Survey. — The Coast Survey, since its 
beginning in 1807, has been continuously en- 
gaged in charting the shores and in carrying 
a net work of triangulation stations across the 
country for the proper control of local surveys. 
In recent years, it has mapped the coasts of 
Alaska, the Philippine Islands, and other out- 
lying possessions of the nation. 

This survey also is charged with the publica- 
tion of tidal data, the making of magnetic 
observations showing the variation of the com- 
pass, and determination of the force of gravity 
as a basis for a correct measurement of the 
figure of the earth. 

Army and Navy Officers. — Previous to 1870, 
federal officers did much geographical work in 
the West. Officers of the Navy have, from 
time to time, been detailed or given leave of 
absence to conduct explorations in the polar 
regions. The last of these expeditions was 
that of Peary to the North Pole in 1910. 

General Land Office.— The General Land Of- 
fice of the United States, since its reorganiza- 
tion by the act of 1836, has constructed land 
maps of the region west of the Mississippi. 



73 



GEOLOGICAL SURVEYS 



Geographical Survey. — The first contoured 
topographic map of a state of the Union was 
undertaken by New Jersey and completed be- 
tween 1877 and 1887. The general government 
constructed such topographic maps in the 
Rocky Mountain region as early as 1873 but 
the project was first extended to the national 
domain upon the organization of the United 
States Geological Survey, which has, since 
1880, been engaged in the making of the topo- 
graphic map of the United States {see Geo- 
logical Surveys). Extended geological and 
geographical surveys have been carried on in 
Alaska and are still in progress. 

Agricultural Department. — The Department 
of Agriculture began, in 1899, the publication 
of soil maps of selected area's with accompany- 
ing explanatory reports. 

Special Maps.— The Weather Bureau, the 
Hydrographic Office, and the Forestry Service 
also issue maps, charts, and reports, dealing 
with the branches of geography with which 
they are concerned. The Geological Survey has 
executed an extended series of stream measure- 
ments, and in common with several state sur- 
veys has published documents designed to pro- 
mote the advance of geographical education 
in schools and colleges. 

See Area of the United States; Bounda- 
ries of the United States, Exterior; 
Boundaries of the United States, Interior; 
Coast and Geodetic Survey; Geological 
Surveys. 

References: Eighth International Geographic 
Congress, Report, 1905 ; U. S. Coast and 
Geodetic Survey, Reports; Director of the 
U. S. Geological Survey, Reports; U. S. Coast 
and Geodetic Survey, Catalogue of Charts, 
Coast Pilots, and Tide Tables (1908); U. S. 
Geological Survey, Topographic Maps and 
Folios and Geologic Folios (1911); Henry 
Gannett, Boundaries of the 77. 8. and of the 
Several States and Territories (3d ed., 1904), 
Dictionary of Altitudes in the U. 8. (4th ed., 
1906), Bulletin, No. 226, 1904; A. H. Brooks, 
"Geology and Geography of Alaska" in U. S. 
Geol. Survey, Professional Paper, No. 45, 
1906; R. D. Salisbury and W. A. Atwood, 
"Interpretation of Topographic Maps," U. S. 
Geol. Survey in ibid, No. 62, 1906; P. L. 
Phillips, A List of Geographical Atlases in 
the Lib. of Congress (1909). 

J. B. WOODWORTH. 

GEOLOGICAL SURVEY. The Geological 
Survey, one of the bureaus of the Department 
of the Interior, is one of the most active scien- 
tific agencies of the Federal Government. Its 
work consists in the survey and classification 
of the public lands of the United States, for 
the purpose of extending scientific knowledge 
and assisting in the conservation of natural 
resources. The field operations of the bu- 
reau were formerly distributed among four 
branches : the geologic, the topographic, the 



technologic, and the water resources. In 1910, 
the work of the technologic branch was trans- 
ferred to the newly-created Bureau of Mines 
( see Mines, Bureau of ) . The geologic branch 
is conducting a thorough survey of the mineral 
deposits of the United States and of Alaska, and 
through a special land-classification board is 
classifying coal, oil, phosphate, metalliferous, 
arid and desert lands, and power sites. The 
topographical board is conducting a thorough 
survey of the surface of the United States and 
Alaska for the purpose of more accurate map- 
making. The water-resources branch investi- 
gates power sites and irrigation schemes, co- 
operating for the purpose with the Reclamation 
{see) and Indian bureau {see Indian Com- 
missioner) and the Forest Service {see) . The 
Geological Survey is employed by the Presi- 
dent to secure the information upon which 
he bases orders for the withdrawal of public 
lands from entry under the homestead and 
other laws. The appropriations for its work 
for the fiscal year, 1909-10, amounted to $1,- 
497,815. See Mines and Mining, Relation 
of Government to ; Public Lands. References: 
Eighth Int. Geographic Congress, Report, 
1905; U. S. Coast and Geodetic Survey, An- 
nual Reports, Catalogue of Charts, Coast 
Pilots and Tide Tables (1908) ; U. S. Geologic 
Survey, Director's Annual Reports, Topo- 
graphic Maps, Folios and Geologic Folios 
(1911), Bulletin, No. 226 (1904), Bulletins 
from states and territories (3d ed., 1904), 
Dictionary of Altitudes in U. 8. (4th ed., 
1906) ; A. H. Brooks, "Geology and Geography 
of Alaska" in ibid, Professional Paper, No. 45 
(1906) ; R. D. Salisbury and W. A. Atwood, 
"Interpretation of Topographic Maps" in ibid, 
No. 60 (1906). A. N. H. 

GEOLOGICAL SURVEYS. The geological 
survey of an area has for its object the delinea- 
tion of the distribution of its properly classi- 
fied rock formations, upon a map of suitable 
scale, with accompanying explanatory reports, 
sections, and other information pertaining to 
the occurrence of fossils, minerals, or other 
substances of economic importance. 

Early Statistical Surveys. — The state of 
North Carolina ordered a report to be made 
upon the geology of that state in 1820; but 
the first official geological survey of an Ameri- 
can state was carried out by Massachusetts in 
1833. Within the next decade most of the 
states on the Atlantic seaboard completed pre- 
liminary surveys of their geological structure 
and mineral resources. Those states possessing 
valuable mineral deposits soon undertook more 
detailed surveys and some of those organiza- 
tions have been maintained as permanent bur- 
eaus, particularly in New Jersey. The geologic- 
al survey of New York early assumed national 
importance because of the numerous fossils 
serving as a key to the geology of the rocks 
below the coal measures over vast areas in the 



74 



GEORGE JUNIOR REPUBLIC 



interior of the continent and in the Rocky- 
Mountain region. 

The coming into use of various raw materi- 
als, such as petroleum, natural gas, bauxite, 
and phosphates, and new discoveries of useful 
metals, from time to time, have led to re- 
surveys in the older states, and original sur- 
veys in the newer commonwealths of the West. 

Early National Surveys (1842-1879).— A 
federal geological survey was postponed until 
the progress of exploration and the settlement 
of the western territories called for infor- 
mation concerning the natural resources of 
these public lands. The geographic service of 
the Army early conducted expeditions into 
the western country, frequently accompanied 
by a civilian who acted as geologist and made 
reports to the Government. Notable among 
these explorations were those of Fremont in 
1842-43; Stansbury, Marcy and McClellan, 
and Ives in the next decade: but those geol- 
ogists were "camp-followers" with limited op- 
portunities for scientific observations. 

More important results were achieved under 
the General Land Office by the appointment of 
Foster and Whitney as United States geologists 
to survey the geology of the iron and copper 
region of Lake Superior; their maps and re- 
ports appeared in 1850. They were the first 
Government officials able to direct their move- 
ments in the field so as to secure a geological 
survey. 

In 1867 the national interest in the con- 
struction of transcontinental railways in the 
West led Congress to organize the 40th Paral- 
lel Survey, composed of an independent body 
of professional geologists and topographers, 
the first adequately equipped geological sur- 
vey undertaken by the Federal Government. 
Clarence King was placed in charge of this 
survey, and in the same year Hayden was 
authorized to conduct the geological and geo- 
graphical survey of the territories. Later an 
act was passed inaugurating the geological and 
geographical survey of the Rocky Mountain 
region. 

Federal Geological Survey (1879-1913).— 
March 3, 1879, Congress discontinued the 
existing surveys and created the office of Di- 
rector of the United States Geological Survey, 
shortly appointing Clarence King to that po- 
sition. In 1883 the survey was authorized to 
make a geological map of the United States, 
as a base for which a topographic map was 
undertaken. By 1911. about 1,128,500 square 
miles had been then surveyed, or, exclusive of 
Alaska, about three-eighths of the United 
States. Over 186 geological folios have been 
published, besides 53 monographs, 530 bulle- 
tins, 316 water-supply papers, 75 professional 
papers, and 33 annual reports. To Dec. 1, 
1912, the Geological Survey has classified and 
appraised as coal lands 17,460,069 acres, with 
a formal valuation of $742,638,249. Large 
areas of the western oil fields have been exam- 



ined, and withdrawals of oil land have been 
made, aggregating 4,677,302 acres. A large 
number of power sites on public lands have 
been withdrawn, amounting to 101,758 acres. 

See Area of the U. S.; Geographical Sur- 
veys and Maps; Physiography of North 
America. 

References: G. P. Merrill, Contributions to 
the Hist, of Am. Geology (1906), 189-733; 
Nat. Museum, Report, 1904; Frederick Prime, 
"Catalogue of Official Reports upon Geological 
Surveys of the U. S. and Territories, and of 
British North America" in Am. Institut. Min- 
ing Engineers, Supplement, VII (1879) ; W. 
Quitzow, Geologen-Kalender, fur die Jahre 
1911-12 (1911); P. C. Warman, Catalogue 
and Index of the Publications of the U. S. Geo- 
logical Survey, 1880-1901; U. S. Geol. Sur- 
vey, Bulletins, No. 7 (1884), 177, (1901), 858; 
U. S. Geographical Survey, Annual Reports 
(1880 to date); T. M. and J. B. Mar'cou, 
Mapoteca Geologica Americana (1752-1881). 

J. B. WOODWORTH. 

GEORGE JUNIOR REPUBLIC. The George 

Junior Republic at Freeville, N. Y., was 
founded by William R. George in 1890. 
It receives boys and girls who really belong 
to the delinquent class, though many of them 
have never been brought into court. The fun- 
damental idea of the George Junior Republic 
is self-government, as the founder calls it "a 
laboratory experiment in democracy. . . . 
Our standard is citizenship." All of the boys 
and girls are voters in the commonwealth and 
they pass laws for the government of the in- 
stitution. Mr. George says : "the young citi- 
zens are supreme in all the affairs of the 
citizen government of the Junior Republic ex- 
cepting the supreme court and all of the details 
of the discipline and detail management are de- 
termined by the pupils." 

The fundamental principle of the George 
Junior Republic is "nothing without labor." 
Every inmate is required to work. He is paid 
in currency of the republic and is required to 
pay for his board and all other things which 
he receives at the republic. Those who will 
not work industriously are dealt with as pau- 
pers and criminals and receive scant allowance. 

It is maintained by the trustees and advo- 
cates of the school that it is extraordinarily 
successful in inspiring manliness, initiative, 
industry and self-respect; and that under this 
plan better results are secured than by any 
other plan with the same class of boys. Other 
George Junior Republics have been established 
in other states on the same general plan. 

See Children, Dependent, Public Care of; 
Court, Juvenile; Reformatories; Schools, 
Industrial. 

References: W. R. George, Junior Republic, 
Its History and Ideals (1910); H. H. Hart, 
Preventive Treatment of Neglected Children 
(1910). Hastings H. Hart. 



54 



75 



GEORGIA 



GEORGIA 



Early History.—The first settlement of this 
rich territory was due to the well-known ef- 
forts of Oglethorpe in behalf of the victims 
of the English law of debt. Associating with 
himself a number of influential men, he ob- 
tained, June 9, 1732, a charter granting the 
lands between the Savannah and Altamaha riv- 
ers. November 17, he sailed from Gravesend in 
the Anne, Captain John Thomas, bringing some 
130 picked emigrants. Landing first in South 
Carolina, they settled on Yamacraw Bluff, the 
site of Savannah, February 12, 1733. Within 
a few years bands of Salzburgers, Highlanders, 
Swiss, Moravians and new recruits from Eng- 



After Oglethorpe's departure, open discontent 
broke out. The trustees, finally, feeling their 
policy had failed, surrendered the colony to 
the Crown, June 23, 1752. Georgia passed 
under direction of the Lords Commissioners for 
Trade and Plantations, who drew up a plan 
of government similar to that in the other 
royal colonies. This system formed the basis 
of all later constitutions. Under the liberal 
self-government it provided, the colonists in- 
creased rapidly in numbers and wealth up to 
the outbreak of the Revolution. 

First Constitution. — The approach of this 
crisis found Georgia divided in counsel. The 




Boundaries of the State of Georgia, Showing Territorial Changes 



land arrived, and outlying settlements were 
made. Oglethorpe remained with the colony 
ten years; Jthe success of the coast settlement 
is largely due to his unselfish devotion. An 
important element of the settlers of Georgia 
however came from another source. Just after 
the Revolution many emigrants from Virginia 
and the Carolinas established themselves about 
the Broad River. A wide belt of semi-frontier 
separated them, from the people of the coast, 
from whom they differed in many characteris- 
tics. Their descendants make up the greater 
part of the present population of the state. 

Colonial Government. — The government of 
the colony was placed in the hands of twenty- 
one trustees, residing in England. With the 
best intentions, they mismanaged badly. They 
restricted land-tenure, prohibited slaves and 
liquor, forced the cultivation of silk, hemp, and 
flax, and left little initiative to the colonists. 



large number of loyalists long hampered the 
active minority of patriots. When the news 
of the Declaration of Independence came, a 
convention elected from the parishes met in 
Savannah and framed the first state constitu- 
tion, ratified February 5, 1777. The preamble 
recites the oppressions of Britain, the Declara- 
tion of Independence, and the recommendation 
of Congress as to the establishment of state 
governments. Sixty-three articles follow. The 
executive legislative and judicial departments 
are declared separate and distinct. The legis- 
lature was to consist of one house, elected an- 
nually by the freeholders of the counties, now 
created to supersede the old parishes. The 
governor was chosen annually by the assembly 
on its first day of meeting. His powers as 
compared with those of the colonial governor 
were greatly restricted. An executive council 
was elected by the assembly from its own mem- 



76 



GEORGIA 



bers. A new system of courts was established. 
Toleration of all religions was declared; and 
the usual provisions of a bill of rights set 
forth. 

Second Constitution. — There was little op- 
portunity to test the new constitution, as the 
arrival of the British forces soon threw the 
state into confusion. Georgia early signed the 
Articles of Confederation in 1778, and was the 
fourth state to ratify the Federal Constitution, 
January 2, 1788. This led to the adoption of 
the second state constitution in 1789, which 
brought the government into proper adjust- 
ment with that of the United States. A senate 
was created; the executive council abolished; 
the governor's term extended to two years ; and 
the manner of his election changed. The rep- 
resentatives were to select three persons, of 
whom the senate should choose one to serve as 
governor. 

Third Constitution. — Other changes were 
soon demanded, and after a number of amend- 
ments in 1795, a convention was held in Louis- 
ville which adopted a third constitution in 
1798. All elections in the assembly were to be 
by joint ballot; suffrage was extended by drop- 
ping the property qualification of electors; the 
governor was given the veto and pardoning 
power; and the offices of secretary of state, 
treasurer, and surveyor general were created, 
their election being placed in the assembly. 
In 1799 the office of comptroller general was 
added by statute. The constitution of 1798 
remained the basis of government until the 
Civil War. It was supplemented by the Judi- 
ciary Act of 1799; and by various amendments 
it was modified and adapted to changing con- 
ditions. The general trend was toward an in- 
crease in the direct political influence of the 
people. The governor, after 1823, was elected 
by popular vote. In 1834-5 the property qual- 
ification of Senators and Representatives was 
dropped. In 1845 a similar change was made 
in the office of governor. In 1840 the assembly 
was made biennial, and in 1842 senatorial dis- 
tricts were created, and the present method of 
apportioning representatives was introduced. 

Facts of Constitutional Interest. — Several 
points of interest in the early history of the 
state may be noted briefly. It was Georgia's 
resistance to the interpretation of federal ju- 
risdiction in the case of Chisholm vs. Georgia 
{see) that led to the adoption of the Eleventh 
Amendment (see). Complications growing 
out of the Yazoo land frauds produced the 
cause celebre of Fletcher vs. Peck (see). The 
settlement of Georgia's claims to the land be- 
tween the Chattahoochee and Mississippi, and 
later the difficulties between state and federal 
authorities arising from the Indian question, 
involve a number of points of great legal and 
constitutional interest. 

Parties. — Political parties in Georgia began 
with the early controversy between Federalists 
and Republicans. The Yazoo troubles intro- 



77 



duced a long period o£ personal politics. James 
Jackson was the leader of the aristocratic par- 
ty, and John Clarke, his bitter personal enemy, 
was followed by the small planters and fron- 
tier element. After Jackson's death Wm. H. 
Crawford and then George M. Troup became 
leaders, and the two factions were known as 
the Troup and Clarke parties. The rivalry 
became acute in 1819 when Clarke defeated 
Troup for the governorship by a small ma- 
jority. In 1821 Clarke won again by two votes, 
the election being in the assembly. In 1825, 
the election being now in the hands of the 
people, Troup defeated Clarke by 683 votes. 
These personal struggles became wearisome, 
and the Clarke partry sought a principle of 
cohesion in condemning Troup's defiance of the 
Federal Government during the Indian land 
agitation. They took the name "Union Party." 
Troup's followers accepted the challenge and 
called themselves the "State Rights Party." 
By 1840 these local parties had been absorbed 
into the national Democratic and Whig parties 
respectively. During the agitation of 1850 the 
southern Whigs took the name "Constitutional 
Union Party" and supported Clay's compro- 
mise measures, while the southern Democrats 
became the "Southern Rights Party" and threw 
themselves into the opposition. After the com- 
promise the old alignment revived for a time, 
but by 1860 the Whigs had disappeared from 
the state; and since the war the Democrats 
have been practically the only party. All elec- 
tions and political questions are settled in 
white Democratic primaries, and few take the 
trouble to vote in the pro forma regular elec- 
tions. 

Civil War and Reconstruction. — The period 
of Civil War and reconstruction (see) gave 
Georgia three constitutions within seven years. 
The state withdrew from the Union January 
19, 1861, despite the strong opposition of such 
leaders as Alexander H. Stephens (see), Ben- 
jamin H. Hill and Herschel V. Johnson. The 
constitution was changed to conform to the 
new relations with the government of the 
Confederate states. At the close of the war 
President Johnson's plan of reconstruction was 
promulgated, a convention was called in Oc- 
tober, 1865, and a new constitution adopted. 
The ordinance of secession was repealed, slav- 
ery abolished, and the war debt repudiated. 
But Congress refused to recognize Johnson's 
reorganized state governments, and formulated 
a scheme of reconstruction more to their own 
liking. Under this, General Pope, in military 
command, called a convention from lists of his 
own, excluding most of the reputable citizens. 
Delegates, 170 in number, carpet-baggers 
and negroes, met in Atlanta, December 7, 
1867, the session lasting till March. The ef- 
forts of a few strong men made the constitu- 
tion of 1868 a good one. For the first time 
provision was made for systematic public edu- 
cation. Slavery and political discrimination 



GERMANY, DIPLOMATIC RELATIONS WITH 



of race were abolished. Judges of the supreme 
and superior courts were to be appointed by 
the governor. The terms of the state officers 
were extended to four years. The general as- 
sembly was to meet annually. 

Seventh Constitution. — The whites soon 
gained control of the polls, and at once proceed- 
ed to exclude negroes from office. This brought 
back reconstruction. Congress put the state 
under military government, and Georgia was 
not finally admitted to the Union until July 
15, 1870 — the last state to be restored. Al- 
though the constitution of 1868 was not unsat- 
isfactory, some prejudice was always felt 
against it as emanating from the carpet-bag 
government. A new convention was called, and 
the seventh constitution was ratified by vote 
of the people December 5, 1877. This, modi- 
fied by many amendments, is still in force 
(1913). Many of the innovations of 1868 were 
swept away. Others were retained or modified 
as shown desirable by the experience of the 
decade. 

Present Government. — Under the constitu- 
tion of 1877, as amended to date, the govern- 
ment is vested in three coordinate departments. 
The legislative power is in a general assembly 
consisting of a senate and house of representa- 
tives. Members are chosen for two year terms, 
together with the governor and state officers, 
at the general state election, on the first Wed- 
nesday in October of even years; though the 
actual choice is determined in an earlier pri- 
mary. There are 44 senators and 186 repre- 
sentatives. The six most populous counties 
are allotted three representatives each; the 
next 26, two each, and the remaining 116, one 
each — an inequitable arrangement which makes 
it possible for 15,000 people to outvote 150,000. 
The executive officers are chosen at the same 
time as the legislators. There is no lieuten- 
ant-governor, the president of the senate and 
speaker of the house being next in succession 
to the governor. The other officers are secre- 
tary of state, treasurer, comptroller general, 
attorney general, school commissioner, commis- 
sioner of agriculture, railroad commissioners, 
prison commissioners, and various other offi- 
cers, boards and commissions. There has been 
a noticeable tendency to increase the adminis- 
trative functions of the state in recent years. 

The judicial power is vested in a supreme 
court of six judges; a court of appeals of 
three; twenty-five superior courts, with circuits 
covering from one to ten counties each; and 
the county and city courts, courts of ordinary, 
and justices of the peace. The powers of the 
court of ordinary and of probate are vested 
in an ordinary for each county from whose 
decision there is appeal to the superior court. 
The courts of ordinary have large administra- 
tive functions; they have powers in relation 
to roads, bridges, ferries, public buildings, 
paupers, county officers, county funds, county 
taxes, and such other county matter as may be 



conferred on them by law. In many counties 
county commissioners, appointed by the grand 
jury, discharge these administrative duties. 

The powers of taxation over the whole state 
can be exercised by the general assembly for 
educational purposes in instructing children 
in the elementary branches of English educa- 
tion only. But the constitution also provides 
that there shall be a thorough system of com- 
mon schools with separate schools for white 
and colored races; provides that a poll tax 
and a special tax on shows, on the sale of 
liquor, and one or two other special taxes, shall 
be set aside for support of common schools. 
An amendment of 1912 makes high schools 
part of the system. The general assembly is 
permitted to make from time to time such 
"donations" to the state university as the 
conditions of the treasury would authorize, 
as well as similar appropriations to a college 
and university for the education of persons 
of color. A most interesting phase of the 
present constitution is the amendment of 1908 
prescribing qualifications of electors. Under 
this negroes are practically excluded from the 
polls, except the few whose intelligence or 
property entitles them to vote. 

Population. — In 1790, the population was 
82,548; in 1820, 340,985; in 1860, 1,057,286; 
in 1900, 2,216,331; in 1910, 2,609,121. 

See Colonization by Great Britain in 
America; Chisholm vs. Georgia; Eleventh 
Amendment; Fletcher vs. Peck; Alexander 
H. Stephens. 

References: R. P. Brooks, "Bibliography of 
Georgia Hist." in the University of Georgia, 
Bulletin (1910); J. H. T. McPherson, Hist, 
and Civil Government of Georgia ( 1908 ) ; C. 
C. Jones, Jr., Hist, of Georgia (1883) ; Wm. B. 
Stevens, Hist, of Georgia ( 1847 ) ; U. B. Phil- 
lips, "Georgia and State Rights" in Am. Hist. 
Assoc, Reports (1901), II, 3-224; G. G. 
Smith, Story of Georgia (1900) ; I. W. Avery, 
History of Georgia (1881). 

J. H. T. McPherson. 

GERMANY, DIPLOMATIC RELATIONS 
WITH. Revolutionary Period. — During the 
American Revolution Prussia maintained a 
friendly neutrality toward the struggling col- 
onies. Through his minister, Frederick the 
Great informed Arthur Lee, the agent of the 
Continental Congress, that nothing would af- 
ford him greater pleasure than to hear of the 
success of the Americans. Hatred for Eng- 
land rather than love for America was his 
motive. Efforts were made to secure the 
active support of Frederick in hope that 
he would interfere with England's employ- 
ing German mercenaries. In 1777, even with- 
out a treaty, Hessian recruits were prevented 
from passing through Prussian territory on 
the Rhine. 

First Treaty of Commerce with Prussia. — 
After America had won her independence the 



78 



GERMANY, DIPLOMATIC RELATIONS WITH 



Prussion minister at the Hague, Thulemeier, 
proposed, in 1784, to the American representa- 
tive there, John Adams, the conclusion of a 
treaty of amity and commerce. It was com- 
pleted by the middle of 1785 and signed by 
Franklin, Jefferson, and Adams for the United 
States and Thulemeier for Prussia. Each of 
the four signed at a different time and in three 
different countries, the draft having been car- 
ried from one to the other between July 9 and 
September 10. Congress ratified it in May, 
1786. It was limited to ten years. Owing 
partly to the urgency of the American nego- 
tiators and partly to the influence of the 
recent armed neutrality (see) this treaty con- 
tained stipulations very favorable to neutral 
commerce, which America has ever since been 
endeavoring to have universally established, 
and which were partially established between 
the European powers by the Declaration of 
Paris of 1856. 

Second Prussian Treaty. — Three years after 
the first treaty had expired by its own limi- 
tation, a new one was negotiated in 1799 by 
John Quincy Adams, who was the American 
representative at Berlin during his father's 
presidency. The provisions favoring neutral 
commerce were omitted. It was the American 
imbroglio with France in the effort to preserve 
neutrality which furnished the chief motive 
for strengthening friendly relations with Prus- 
sia. Ratifications were exchanged in 1800. 
This treaty, limited to a period of ten years 
also, expired in the midst of the Napoleonic 
wars. 

Other Commercial Treaties (1828-1861).— 
Not until 1828, after the Zollverein had estab- 
lished Prussia's commercial dominance in Ger- 
many, was another treaty of amity and com- 
merce with Prussia completed. This was 
one of the many treaties negotiated by Henry 
Clay for the purpose of extending the com- 
mercial sphere of the United States, and es- 
tablishing his favorite principle of complete 
reciprocity in tonnage dues. The possession, 
disposition, and succession of property of na- 
tionals of one country domiciled in the other 
was another important matter established. 
For matters not governed by subsequent con- 
ventions, this treaty is still in force, not only 
for Prussia but for the German Empire. 

In the preceding year a similar treaty had 
been made with the Hanse cities. These served 
as models for numerous treaties concluded with 
other German powers, in the decade following 
1835, by Henry Wheaton. Important among 
these were one in 1840 with Hanover, the head 
of the Steuerverein; one in 1844 with Wurtem- 
berg; and one in 1845 with Bavaria. Two 
Wheaton treaties were not ratified: That of 
1844 with the entire Zollverein was rejected by 
Congress because it was thought that too great 
concessions were made; an extradition treaty 
of 1845 with Prussia and several other German 
states was rejected because under it a state 



was exempted from the necessity of surrender- 
ing its own citizens. Another treaty with 
Hanover was concluded in 1846 and acceded 
to by Oldenburg in the following year. An- 
other in 1861 with Hanover was the last 
with that state, since its conquest and ab- 
sorption by Prussia soon thereafter terminated 
all separate relations between Hanover and 
foreign powers. 

Extradition, Expatriation and Commercial 
Relations (since 1852). — In 1852 Prussia con- 
cluded an extradition treaty for herself and 
eighteen other states of the then existing 
Germanic Confederation to which six more 
later acceded. George Bancroft, minister to 
Prussia, concluded a sheaf of naturalization 
treaties with German states in 1868 — first one 
with the North German Union, then one each 
with Bavaria, Baden, Wurtemburg, and Hesse. 
After the creation of the German Empire in 
1871, Secretary Fish wanted to replace all 
these by a new treaty for the whole Empire. 
Bancroft dissauded him from attempting, at 
a time when national feeling ran so high, to 
negotiate a treaty which would relieve emi- 
grating Germans from the rigor of German 
military laws. Consequently the separate 
treaties were allowed to stand and are still 
valid (1913) in matters connected with citi- 
zenship, property, naturalization, and to a 
certain extent with commerce. Alsace-Lorraine 
was, of course, not included, and in some con- 
troversies involving inhabitants of this district 
recourse has been had to treaties made with 
France before 1870. The constitution of the 
Empire contains no provision for abrogating 
the separate treaties. In some cases the Ger- 
man foreign office has ruled that such agree- 
ments are valid and that new treaties and laws 
may be made by the separate states. It cannot 
be said that fixed rules have been established. 
Much litigation and many negotiations have 
arisen out of these complex relations, especially 
with reference to the working of stringent mili- 
tary regulations. A consular convention was 
concluded for the whole Empire in 1871, cover- 
ing most commercial and economic matters 
and some political. In recent years many con- 
troversies have occurred and many understand- 
ings have been reached regarding products 
supposed to be deleterious, such as American 
diseased meats, poisonous paint on German 
toys, etc., and concerning discriminatory tariffs. 
Various recent volumes of Foreign Relations 
contain much correspondence on these and 
other matters, culminating in the temporary 
commercial agreement of 1907/ to remain in 
force until six months after either party gives 
notice of its termination; and in the conven- 
tion of 1909 regulating patents. 

Samoan Controversy (1879-1899). — During 
the last two decades of the last century, 
the Samoan difficulty disturbed the rela- 
tions between the United States and the 
German Empire and involved both with Great 



79 



GERMANY, FEDERAL DIET OF— GERMANY, FEDERAL ORGANIZATION OF 



Britain. In 1879 each of the two latter powers 
obtained a right to establish a naval station 
in the Samoan islands. Seven years earlier the 
United States, which power had already for 
two decades had special interests and a rep- 
resentative there, had secured a similar right 
to a naval station. Unauthorized attempts 
had been made to establish an American pro- 
tectorate. In 1884 Germany concluded an agree- 
ment with the native government to furnish an 
adviser and supervise the police forces. The 
United States and Great Britain objected. A 
conference in 1887 between representatives of 
the three powers at Washington failed to es- 
tablish harmonious relations. In 1889 Ger- 
many announced that a state of war existed 
with Samoa and invited the other two powers 
to a new conference to be held in Berlin. This 
resulted in a tripartite arrangement to main- 
tain order under the nominal control of the 
native government. It worked badly but en- 
dured for ten years. In 1893 a joint naval 
display suppressed civil war, but it broke out 
again the following year. By conventions in 
1899 the partnership was dissolved. Great 
Britain gave up all her interests to the other 
two, receiving in compensation exclusive inter- 
ests in other Pacific islands. The United 
States acquired in full sovereignty Tutuila and 
adjacent islands where her special interests 
had been; and Germany acquired full sover- 
eignty over the rest of the group. 

Latin America. — The supposed intention of 
Germany to get a foothold in South America 
led to a state of terror, when in December, 1902, 
Venezuelan gun boats were seized and La 
Guayra, a Venezuelan port, was blockaded by 
Germany, in an effort to compel the adjust- 
ment of certain debts and claims of German 
citizens. On December 20, a formal blockade 
was announced and the hostilities came to an 
end in February, 1903, through the diplomatic 
intervention of the United States. "At the 
suggestion of President Roosevelt, who de- 
clined an invitation to act as arbitrator, it 
was finally agreed, May 7, 1903, that the 
demands ... be submitted to the Hague 
Court." 

See Alien; Citizenship; Commerce, In- 
ternational; Expatriation; Monroe Doc- 
trine; Samoa, Diplomatic Relations with. 



References: George M. Fisk, Beziehungen 
zwischen Deutschland und den Vereinigten 
Staaten (1897), ch. xiv, 254; J. B. Moore, 
Digest of Int. Law (1906), I, 536-554, V, 617- 
621; Theodore Lyman, Diplomacy (1828), I, 
131-153, on early relations; on Samoa, J. B. 
Henderson, Jr., Am. Diplomatic Questions 
(1901), 205-286, and J. W. Foster, Am. Diplo- 
macy in the Orient (1903), 386-398; J. H. 
Latane, Am. as a World Power (1907), ch. 
xvi. W. R. Manning. 

GERMANY, FEDERAL DIET OF. The pop- 
ular branch of the German legislature, also 
called the Reichstag, which stands for the na- 
tional idea in the organization of the Empire, 
just as the federal council, or Bundesrath, 
stands for the federal idea. The federal diet is 
composed of 397 members, elected by a direct 
general ballot, under the law of May 31, 1869, 
with certain minor revisions. Every German 
male citizen, 25 years of age, who has belonged 
for at least one year to a state of the Empire, 
is eligible to the federal diet, provided he is 
rot excluded by certain legal disabilities. The 
ratio of members to the population, at the time 
the election law was passed, was 1 to every 
100,000 inhabitants. Political reasons have 
prevented a new reapportionment since 1869. 
Every male German, 25 years of age, not ex- 
cluded by certain legal disabilities, may vote 
for members of the federal diet in that state 
where he has his domicile. The mandate peri- 
od is five years, but the diet may be dis- 
solved by the Kaiser with the consent of the 
Bundesrath. The members of the federal diet 
receive a compensation of 3,000 marks per 
annum, $750 a year, together with railroad 
transportation. The apportionment of mem- 
bers is as follows : Prussia, 236 ; Bavaria, 48 ; 
Saxony, 23; Wurttemberg, 17; Alsace-Lor- 
raine, 15; Baden, 15; Hesse, 9; Mecklenburg- 
Schwerin, 6; Saxe- Weimar, Oldenburg, Bruns- 
wick, and Hamburg, 3 each; Saxe-Coburg- 
Gotha, Saxe-Meiningen and Altenburg, 2 each, 
and the remaining states, one each. See Fed- 
eral State; Germany, Federal Organization 
of. References: B. E. Howard, The German 
Empire (1906); A. L. Lowell, Governments 
and Parties in Continental Europe (1897). 

B. E. H. 



GERMANY, FEDERAL ORGANIZATION OF 



General Description. — The German Empire 
is a federal organization composed of 25 states, 
22 of which are monarchies and 3 republican 
city states, as follows: Prussia, Bavaria, Sax- 
ony, Wiirtemberg, Baden, Hesse, Mecklen- 
burg-Schwerin, Saxe-Weimar, Mecklenburg- 
Strelitz, Oldenburg, Brunswick, Saxe-Meining- 
en, Saxe-Coburg-Gotha, Saxe-Altenburg, Anhalt, 



Schwartzburg-Rudolstadt, Schwartzburg-Son- 
derhausen, Waldeck, Reuss altere Linie, Reuss 
jungere Linie, Schaumburg-Lippe, Lippe, Lii- 
beck, Bremen and Hamburg. The German 
Empire is a union of states, not a league of 
princes. Power not specifically granted by the 
constitution to the Empire is reserved to the 
individual states. While the Empire may en- 



80 



GERMANY, FEDERAL ORGANIZATION OF 



large its own powers under the constitution — 
the so-called "Kompetenz-Kompetenz" — yet un- 
til it does so the states have a free hand. By 
Article IV of the constitution, the Empire is 
given power of supervision and of legislation 
over matters which affect the general interest 
of the country. There is thus placed under the 
control of the imperial authority such things 
as the regulation of f ree migration, commerce 
and imperial taxation, customs duties, citizen- 
ship and passports; the regulation of weights 
and measures, coinage and the emission of 
paper money; general banking regulations, the 
issuing of patents and copyrights, the control 
of railways and navigation on the common 
waterways; postal and telegraph matters; leg- 
islation with respect to the whole domain of 
civil and criminal law and legal procedure; 
control of military matters and the regulation 
of the press and of public assemblies. Where 
the imperial legislation is active, state legis- 
lation in the same field is excluded. 

The Kaiser and his Rights. — By the terms 
of the imperial constitution, the King of Prus- 
sia, whoever he may be, exercises the presidial 
rights and bears the title "German Emperor." 
The rights of the imperial dignity, however, at- 
tach to the Prussian Crown and not to the 
person of the ruling monarch. The rights of 
the Kaiser are of two kinds: personal and gov- 
ernmental. First, among the personal rights 
is the right to the title, "German Emperor." 
This title carries with it no territorial domin- 
ion. The Kaiser, as such, is not monarch over 
the Empire, but monarch in the Empire. He 
has a right, also, to the imperial standard and 
coat of arms. He enjoys special privileges 
before the criminal courts. He is not respon- 
sible in that there is no tribunal before which 
he may be brought to answer for any act or 
omission. As Kaiser he receives no income 
from the imperial treasury. As to his gov- 
ernmental rights, the Kaiser is the sole and 
exclusive representative of the Empire. While 
he cannot declare war, he may repel an in- 
vasion of German soil. Treaties affecting mat- 
ters of imperial legislation require the consent 
of the Bundesrath and the approval of the 
Reichstag. The Kaiser appoints and receives 
ambassadors, ministers and accredited repre- 
sentatives. He has the right to convene, open, 
close and prorogue the Bundesrath and Reichs- 
tag. He must engross and publish the laws, 
but he has no power of veto nor has he, as 
Kaiser, the right of initiative in legislation. He 
supervises the execution of the laws and may 
bring the case of a recalcitrant state to the 
attention of the Bundesrath, which as a last 
resort may order an "execution." The Kaiser 
appoints the imperial chancellor and the heads 
of minor officials of the administrative hier- 
archy. He appoints, on motion of the Bundes- 
rath, the judges of the imperial court, and he 
possesses in certain instances the right of par- 
don. In military matters he has monarchical 

81 



power of an extensive character, being com- 
mander-in-chief of the land and sea forces, and 
all German soldiers are bound to him person- 
ally by the oath of allegiance. 

The Bundesrath. — The Bundesrath, or fed- 
eral council, is an institution peculiar to the 
German system. It is not an upper house, yet 
it performs functions which usually fall to 
•such bodies. An organ of legislation, it has 
no power of deliberation, but registers the will 
of the several states by whom it is instructed. 
It can make no law without the consent of the 
Reichstag, yet it possesses a wide ordinance 
power. Standing for the federal idea in the 
empire, it is the place of all places where the 
individual states may assert themselves and 
the play of state interests find their adjust- 
ment. It is the center of the imperial govern- 
ment. The Bundesrath is composed of 58 dele- 
gates representing the members of the Bund, 
the number each state may appoint being de- 
termined by the number of votes which each 
possesses in the Bundesrath. The votes are 
distributed as follows: Prussia, 17; Bavaria, 
6 ; Saxony and Wiirtemberg, each 4 ; Baden and 
Hesse, each 3; Mecklenburg-Schwerin and 
Brunswick, each 2; and the rest of the states, 
including the three Hanse cities, one each. 
The Bundesrath is not primarily a deliber- 
ative body, but a body which records the in- 
struction of each state. Each delegation votes 
as a unit. The Bundesrath determines its 
own constitution, passing upon the credentials 
of its members but having no right to verify 
the instructions thereof. It transacts busi- 
ness under its own standing orders, the im- 
perial chancellor presiding and conducting its 
affairs. No number is fixed by the constitu- 
tion as requisite for a quorum, and any least 
number is competent to transact business. The 
Bundesrath not only passes upon all legis- 
lative measures, but it imparts the sanction 
to all laws. It possesses large administrative 
powers, issues important ordinances, and exer- 
cises momentous judicial functions. Members 
of the Bundesrath have a right to the floor of 
the Reichstag and must be heard upon all sub- 
jects if they wish it. 

The Reichstag.— For a discussion of the 
Reichstag, see Germany, Federal Diet of. 

Imperial Chancellor. — The imperial chancel- 
lor, appointed by the Kaiser from among the 
Prussian members of the Bundesrath, is the 
sole responsible minister of the Empire, the 
supreme administrative authority. He is the 
instrument and adviser of the Kaiser in the 
conduct of all those activities which constitute 
the Kaiser's prerogatives. As the highest ad- 
ministrative authority, the chancellor has 
under his control all the other administrative 
officials in so far as they are imperial in char- 
acter. He is the organ through which trans- 
actions take place between the states on the 
one hand and the Kaiser, Bundesrath and 
Reichstag on the other. All ordinances and 



GERRYMANDER— GHENT, PEACE OF 



decrees of the Kaiser require for their valid- 
ity the countersignature of the chancellor, who 
thereby assumes the responsibility for them. 

Federal Jurisdiction. — Germany possesses a 
uniform civil and criminal code and a uniform 
bankruptcy law. The administration of jus- 
tice is effected under federal laws regulating 
the orgnization of the courts, establishing the 
rules of procedure and fixing the fees incident 
to the action. The Empire has not taken away 
the jurisdiction of the several states, but the 
exercise of it is regulated by federal norms. 
Broadly speaking, the administration of jus- 
tice is exercised by the individual states in con- 
formity with federal provisions and under ob- 
ligation to aid mutually in the execution of 
all judicial decisions and decrees. The courts 
of Germany are all state courts with the sole 
exception of the federal supreme court, or Rei- 
chsgericht, located in Leipzig. 

Citizenship. — As in all federal governments 
citizenship in Germany is dual. Unlike citi- 
zenship in the United States, state citizen- 
ship in German is primary. To become a 
citizen of the Empire one must first become a 
citizen of one of the German states. State citi- 
zenship does not change automotically, as in 
the United States, with change of state domi- 
cil, nor does the fact that one is a citizen of 
one state prevent the acquisition of citizenship 
in several states at the same time. This 
cumulative citizenship, transmitted from father 
to children, is a source of much confusion. 

See Fedeeal State; Germany, Federal 
Diet of; States, Classification of; United 
States as a Federal State, 

References: P. Laband, Deutsches Staats- 
recht ( 1903 ) ; G. Meyer, Deutsches Staats- 
recht ( 1905 ) ; B. E. Howard, The German Em- 
pire ( 1905 ) ; A. L. Lowell, Government and 
Parties in Continental Europe (1897) ; J. W. 
Burgess, Pol. Sci. and Constitutional Law 
(1891), index. Burt Estes Howard. 

GERRYMANDER. The gerrymander is a 
device by which the ingenuity of politicians 
makes it possible for the dominant party so 
to group the political areas composing an elec- 
tion district as to give undue advantage to its 
own local majorities. The object is to concen- 
trate the majority of the opposite party while 
scattering its own — in other words, to carry 
many districts by narrow margins while the 
opposition carries few districts but by large 
majorities. For example: suppose there are 
ten counties casting 2,000 votes each to be di- 
vided into five districts by a Republican legisla- 
ture, each district to elect a state senator. Six 
of the counties have Democratic majorities, 
and in the whole area the Democrats have a 
majority of, say, 2,500 votes. But this major- 
ity is unequally distributed in the six counties, 
being very small in four and mainly concen- 
trated in two. If now, without violating the 
law requiring districts to be composed of con- 



tiguous territory, the two nearly solid Demo- 
cratic counties can be formed into one district, 
that district will elect one senator by a very 
large majority; while in the remaining eight 
counties it may be possible to associate each 
Democratic county with a Republican county 
having only a slightly larger vote. Thus, in 
the ten counties so "gerrymandered," the six 
Democratic counties will be able to elect only 
one candidate, though the four Republican 
counties will elect four. Or, we may say, in 
the five districts the total Democratic major- 
ity of 2,500 elects one candidate, while the 
Republican minority elects four. By skillful 
application of such a plan to the various dis- 
tricts of a state, large party advantage may 
be gained. The system has been employed for 
manipulating election areas in cities in the 
interest of a party or of some special object. 

The unfairness of the gerrymander has al- 
ways been recognized, but all parties have been 
accused of its frequent use. A famous and 
flagrant instance is that of the "shoestring 
district" in Mississippi which included all the 
counties of the state bordering on the Missis- 
sippi River, a strip of land 500 miles long and 
40 wide. 

The principle of the gerrymander has been 
applied from very early times in American 
history, but the term came into use in the 
state of Massachusetts when Elbridge Gerry 
was governor. The state was being redistricted 
by the Democratic legislature, and the election 
areas were so grouped into districts as to en- 
able the Democrats to elect a larger number 
of their candidates than was legitimately pos- 
sible to the fairly counted party vote. One of 
the new districts presented in outline a gro- 
tesque figure likened by the artist Stuart to 
that of a salamander. "Say rather a Gerry- 
mander" retorted the editor of the newly pub- 
lished political map of the state, playing upon 
the name of the Democratic governor who was 
unjustly believed to have favored the scheme. 

See Apportionment; District System; 
State Legislature. 

References: C. A. Beard, Am. Government 
and Politics (1910), 235-237; J. F. Jameson, 
Essays in the Constitutional Hist, of the U. S. 
(1889), 105; E. C. Griffith, Rise of the Gerry- 
mander (1907) ; D. Humphreys, "Letter to 
Jefferson" in G. Bancroft, Hist, of the Const. 
( 1882 ) , II, 485. Jesse Macy. 

GHENT, PEACE OF. The first step toward 
negotiations which ended in the Treaty of 
Ghent was taken in 1813 by Emperor Alexan- 
der of Russia. Madison accepted his offer of 
mediation and appointed Gallatin (Secretary 
of the Treasury) and Senator Bayard to join 
J. Q. Adams in negotiations. The British Gov- 
ernment, although it declined this overture, 
declared itself ready to treat directly. Galla- 
tin and Bayard, however, could not agree 
whether they were authorized to treat directly. 



82 



GIBBONS vs. OGDEN— GIDDINGS' KESOLUTIONS 



Receiving a friendly communication from 
Castlereagh, in 1814, the American Government 
enlarged the previous commission by the addi- 
tion of Henry Clay (Speaker) and Jonathan 
Eussell. Negotiations at Ghent began early 
in August, 1814. 

The American instructions proposed the 
abandonment of impressment, a definition of 
blockade and other neutral and belligerent 
rights, the adjustment of certain claims of 
indemnity, and territorial status quo. The 
British instructions proposed complete English 
control of the lakes and a permanent Indian 
barrier. The British demands were consider- 
ably modified before successful negotiations 
appeared possible. 

The American commissioners were embar- 
rassed by the difficulty of communication with 
Washington, and by difficulty of agreement 
among themselves. The principal clashes were 
between Clay and Adams whose disagreements 
and altercations were partially counteracted 
by patient Gallatin, under whose lead the Am- 
ericans finally agreed to sign a treaty applying 
the principles of status quo to most subjects 
of difference, containing no allusion to the 
American demands for which war had begun; 
and providing for peace with the Indians, sup- 
pression of the slave trade, and a commission 
of three to determine the boundary between 
the United States and Canada westward to 
the Lake of the Woods. The treaty was signed 
December 24, 1814, and unanimously ratified 
by the Senate on February 15, 1815; and has 
generally been considered a triumph of Ameri- 
can diplomacy. 

See Great Britain, Diplomatic Relations 
with; Impressment; Wars of the United 
States; Water Boundaries. 

References: H. Adams, United States 
(1891), VII, chs. iv, xiv, IV, chs. i, ii, Gal- 
latin (1879), Bk. IV, 493-553; J. Q. Adams, 
Memoirs (1874), II, III, chs. viii, ix; K. C. 
Babcock, Rise of Am. Nationality (1906), ch. 
x; J. M. Callahan, Neutrality of Am. Lakes 
(1898), 47-64; J. B. Moore, Digest of Int. Law 
(1906), V, 711; J. T. Morse, J. Q. Adams 
(1897), 74-98; James Schouler, Hist of the 
U. S. (1894), II, 477-85; C. Schurz, Henry 
Clay (1889), I, ch. vi; Edward Smith, England 
and Am. (1900), ch. xiv; J. A. Stevens, Galla- 
tin (1898), ch. viii. J. M. Callahan. 

GIBBONS vs. OGDEN. (1824, 9 Wheaton 
1.) This leading case in the Supreme Court 
of the United States as to the extent of the 
power conferred by the Constitution on Con- 
gress to regulate commerce among the states 
is sufficiently stated in the article entitled 
Interstate Commerce and Cases. 

E. McC. 

GIDDINGS, JOSHUA R. Joshua R. Gid- 
dings (1795-1864), a native of Pennsylvania, 
was throughout almost the whole of his life 



a resident of the Western Reserve of Ohio. 
From 1831 to 1837 he was the law partner of 
Benjamin F. Wade, with whom, as a fearless 
exponent of abolitionism, he had much in 
common. From December, 1838, until March, 
1859, he was a member of the National House 
of Representatives, originally as an independ- 
ent Whig, later as a Free-Soiler, and eventually 
as a Republican. He admitted that slavery 
was a state institution, with which the Federal 
Government had no right to interfere; but, 
pursuing this logic, he maintained that slavery 
could not be made legal anywhere save by 
specific state enactment, that it therefore could 
not legally exist in the District of Columbia 
or in the territories, and that neither Congress, 
the federal executive, nor the federal courts 
might properly perform any act that could be 
interpreted to involve the recognition of slavery 
as a national institution. It was in the effort 
to enforce this last mentioned conviction that, 
during the controversy arising in connection 
with the Creole Case (see) of 1841, Giddings 
introduced in the House the memorable resolu- 
tions which led to his formal censure, his 
resignation, and his immediate and overwhelm- 
ing reelection. With the later development of 
the Republican party Giddings lost influence; 
in 1861 he accepted the post of consul general 
in Canada where he died in 1864. See Creole 
Case; Giddings' Resolutions; Ohio; Slavery 
Controversy. References: G. W. Julian, Life 
of J. R. Giddings (1892); H. G. Wheeler, 
Hist, of Cong. (1848), I, 267-327; W. Birney, 
James G. Birney and his Times (1890) ; J. R. 
Giddings, A Hist, of the Rebellion (1864), 
Speeches in Cong. (1853). F. A. O. 

GIDDINGS' RESOLUTIONS. These famous 
resolutions were offered in the House of Rep- 
resentatives March 21, 1842, by Joshua R. Gid- 
dings, member of Congress from Ohio. Tbey 
referred to the Creole case (see) and the claim 
of the United States Government for the re- 
turn of the slaves who had risen on board the 
ship, taken possession of her and carried her 
into Nassau, an English port. Although these 
resolutions refer to slavery on the high seas, 
they are significant because they disclose the 
position that was to be taken a few years later 
by those denying the right of the central Gov- 
ernment to recognize or protect slave property 
in the territories. By votes of 119 to 66 and 
of 125 to 64 the House passed a vote of censure 
on Giddings, who immediately resigned only 
to be triumphantly reelected by his constitu- 
ents. The resolutions, nine in number, declare 
that prior to the adoption of the Constitution 
each state controlled the subject of slavery 
within its limits, and that by the adoption 
of the Constitution the power was not surren- 
dered to the Federal Government; that regu- 
lation of commerce on the high seas was trans- 
ferred to the Federal Government ; that slavery, 
being an abridgement of the national rights of 



83 



GIFTS FOE PUBLIC PURPOSES— GOLD DEMOCRATS 



man, could exist only by force of municipal 
law and was confined to the territorial juris- 
diction of the power creating it; that when a 
ship, belonging to a citizen of a state of the 
Union, is on the high seas, persons on board 
are not subject to the law of the state but of 
the United States and that therefore the per- 
sons on the Creole, amenable only to the law 
of the United States, violated no law in re- 
suming their natural liberty; that attempts to 
reenslave such persons were illegal and incom- 
patible with national honor; and that to coun- 
tenance the coastwise slave trade or commerce 
in human beings was not authorized by the 
Constitution and was prejudicial to our nation- 
al character. See Giddings, Joshua R.; 
Slavery Controversy. References: W. Mc- 
Donald, Select Documents (1911), 333-334; 
H. von Hoist, Constitutional History (1881- 
1892), II, 479-486; G. W. Julian, Life of Gid- 
dings (1892). A. C. McL. 

GIFTS FOR PUBLIC PURPOSES. In num- 
ber and aggregate amount, American gifts for 
public purposes in the first decade of the 
twentieth century show unprecedented munifi- 
cence. Stupendous material development, rap- 
id creation of private fortunes, especially an 
accentuated sense of stewardship and public 
spirit are the main causes for these gifts. Such 
donations for public benefits tend to conciliate 
public sentiment towards concentration of 
wealth. The givers discriminate in the objects, 
methods and new uses of such gifts. They 
carefully investigate probable benefits and aim 
to stimulate self-help or the assistance of oth- 
ers towards the end sought. Notable new uses 
for benefactions are investigation of the causes 
of various diseases, such as cancer, hook-worm, 
maladies peculiar to children and women; 
agencies and facilities to combat tuberculosis; 
park and other "welfare" facilities. 

The aggregate amount of gifts during the 
years 1903-07 exceeded eleven hundred million 
dollars. The amount, nature and general pur- 
poses of more recent benefactions are indicated 
in the table below. Benefactions for the years 
1908, 1909, and 1910 were as follows (in thou- 
sands) : 



References: Gifts amounting to $5,000 or 
over, as compiled by the Chicago Tribune; 
D. C. Gilman, "Five Great Gifts" in Outlook, 
LXXXVI (1907), 648-57; J. A. Hobson, "Mil- 
lionaire Endowments" in LittelVs Living Age, 
CCXLV (1905), 13-21; A. Carnegie, "Library 
Gift Business" in Collier's Weekly, XLIII 
( 1909 ) , 14-15. E. H. Vickers. 

GOLD BUGS. A nickname applied by the 
advocates of bimetalism in the "Free silver" 
campaign of 1896 to those favoring a single 
monetary standard based on gold. See Gold 
Democrats; Silver Coinage Controversy. 

O. C. H. 

GOLD CERTIFICATES. The first use of 
gold certificates issued against the deposit of 
gold coin and bullion was made in 1865, under 
the authority of an act of 1863. This law was 
repealed in 1878. July 12, 1882, their issue 
was again authorized, in denominations of $20 
and over, to be suspended, however, when the 
gold reserve fell below $100,000,000. As a con- 
sequence but few were issued betwen 1893 and 
1899. Since 1900, under the provisions of the 
gold standard act, they have been issued in 
larger volume; and as the act directs that one- 
fourth shall be in denominations of $50 or 
less, they are to be found in active circulation. 
An act of 1907 permits the use of denomina- 
tions of $10. By act of March 2, 1911, cer- 
tificates may be issued against bullion and 
foreign coin. This results in lessened coinage, 
since actual coin is necessary only when certifi- 
cates are presented for redemption. These 
notes are not legal tender but are receivable 
for customs, taxes, and public dues. They 
serve public convenience, as abrasion of coin 
is saved, and there is less expense in trans- 
portation. See Coinage and Specie Currency 
in the United States; Gold Reserve; Paper 
Money in the United States. Reference: 
M. L. Muhlemann, Monetary and Banking Sys- 
tems of the U. S. (1908). 

Davis R. Dewey. 

GOLD COINAGE. See Coinage and Specie 
Currency in the United States. 

















Art 














Educa- 


Religious 


Galleries 




Year 


Total 


Gifts 


Bequests 


Charities 


tional In- 
stitutions 


Insti- 
tutions 


and 
Public Im- 
provem'ts 


Libraries 


1910 - 


$141,604 


$97,492 


$44,112 


$56,229 


$61,283 


$12,654 


$9,536 


$1,911 


1909 __ 


147,641 


70,636 


77.004 


67,466 


46,122 


22,443 


8,616 


3,012 


1908 .. 


90.032 


43.559 


47,372 


39.729 


36,552 


4,413 


9,401 


834 



The chief benefactors in recent years are 
Andrew Carnegie, John D. Rockefeller, and 
Mrs. Russel Sage, whose gifts to the end of 
1910 are estimated respectively at 180, 135, 
and 22, million dollars. 

See Parks and Boulevards; Public Build- 
ings, National, State and Municipal; Pub- 
lic Property; Revenue, Public, Sources of. 



GOLD DEMOCRATS. The passage of the 
silver purchase act of July 14, 1890, and the 
McKinley tariff act of the same year, was fol- 
lowed by a decline of revenue and general com- 
mercial disturbance, and a resulting drain of 
the gold reserve. The Republican national 
platform of 1892 endorsed the "double stand- 
ard" of gold and silver. No Democrats had 



84 



GOLD RESERVE— GOOD BEHAVIOR OF PRISONERS 



voted for the silver purchase act of 1890, but 
the party in Congress was divided on the is- 
sue, and in 1892 the Democratic national plat- 
form advocated the free coinage of both gold 
and silver. At the beginning of Cleveland's 
second administration, in 1S93, both Repub- 
licans and Democrats were divided on the ques- 
tion of the suspension of silver purchases. La- 
ter in the year, in consequence of the severe 
commercial panic, the "gold" or "sound mon- 
ey" Democrats joined with the "silver" Dem- 
ocrats in the House in repealing the act of 
1890; but the "gold" Democrats were not in 
a majority in either house, and the vote on the 
repeal act of November 1 — 239 to 109 in the 
House, and 43 to 32 in the Senate — is not an 
accurate indication of the sound money follow- 
ing. The gold interests dominated the party 
in the East in 1896, but the free silver element 
got control of the Democratic national conven- 
tion at Chicago, and nominated William J. 
Bryan on a free coinage platform. In Sep- 
tember a convention of gold Democrats, repre- 
senting forty-one states and three territories, 
met at Indianapolis, took the name of National 
Democratic Party, and nominated John M. 
Palmer of Illinois and Simon B. Buckner of 
Kentucky for President and Vice-President. 
The ticket polled a popular vote of 131,529. 
I With the passage of the gold standard act of 
March 14, 1900, the activity of the gold Demo- 
crats terminated.^ See Democratic Party; 
Silver Coinage Controversy. References: E. 
Stanwood, Hist, of the Presidency (1898), ch. 
xxxi; D. R. Dewey, National Problems (1907), 
chs. xvi, xx. W. MacD. 

GOLD RESERVE. In accordance with au- 
thority granted by the resumption act of 1875 
to restore the credit of Treasury notes, Secre- 
tary Sherman accumulated $140,000,000 in 
gold to support the credit of the $346,000,000 
outstanding greenbacks. In the resumption act 
no definite amount was prescribed, but by 
Treasury practice, after resumption was accom- 
plished, the sum of $100,000,000 was assumed 
as the necessary minimum limit. For fifteen 
years the gold service was ample to meet all de- 
mands made upon it; there was a succession 
of Treasury surpluses; and no demand for gold 
to settle international balances. 

In 1890, however, a new burden was placed 
upon the reserve. The Sherman Silver Act 
called for the redemption of the new Treasury 
notes in "coin," and although, technically, re- 
demption might be made in silver, the Treas- 
ury, in order to sustain public credit, under- 
took to redeem the new notes as well as the 
older greenbacks in gold. Foreign commerce 
and the unsettlement caused by banking diffi- 
culties in England led to the withdrawal of 
gold about this time. The decline in the gold 
reserve is seen in the following figures: 1890, 
$190,000,000; 1891, $118,000,000; 1892, $114,- 
000,000; 1893, $95,000,000; 1894, $64,000,000. 



85 



To restore the reserve to a safe limit, the 
Sherman Act was repealed and bonds were sold 
for gold. Unfavorable conditions, and alarm 
over the possible substitution of silver for a 
gold standard, led to continued withdrawals, 
whereby the reserve repeatedly fell below the 
limit of assumed safety. In 1900, therefore, 
permanent provision was made to protect the 
integrity of the reserve; it was made a separ- 
ate fund, entirely distinct from the general 
funds of the Treasury; the amount was raised 
to $150,000,000, and if it falls below $100,000,- 
000, bonds are to be sold for the purchase of 
gold, without depending upon further legisla- 
tion of Congress. Favorable financial condi- 
tions have not as yet (1914) required resort 
to this remedy. See Gold Certificates; Sil- 
ver Coinage Controversy; Treasury Notes. 
References: D. R. Dewey, Financial Hist, of 
the U. S. (1907), 440-50, 470; A. D. Noyes, 
Thirty Years of Am. Finance (1898), consult 
index; F. W. Taussig, "Treasury Condition in 
1894-1896" in Quar. Jour. Econ., XIII (1899), 
204-218. Davis R. Dewey. 

GOMPERS, SAMUEL. Samuel Gompers 
(1850- ), labor leader, was born at London, 
England, January 27, 1850. He learned the 
trade of cigar-maker, and early took part in 
the organized labor movement. He was one 
of the founders of the American Federation of 
Labor, in 1881, and from 1882 (with the ex- 
ception of 1894) was its president, and editor 
of its official organ, the American Federation^ 
ist. In 1908 he and two other officers of the 
Federation were adjudged guilty of contempt 
by the supreme court of the District of Colum- 
bia, on the ground of alleged violation of an 
injunction growing out of a boycott declared 
by the Federation against the Bucks Stove 
and Range Company. In 1909 the judgment 
was affirmed by the court of appeals of the 
District; but in May, 1911, the judgment of 
the court of appeals was reversed by the Su- 
preme Court of the United States, and the case 
remanded to the District court. In 1912 Gom- 
pers was sentenced to imprisonment for one 
year, which sentence, though affirmed by the 
Court of Appeals, 1913, was reduced to thirty 
days. On appeal to the Supreme Court the case 
was dismissed under the statute of limitations. 
See Government by Injunction; Injunction 
in Labor Disputes. References: Am. Federa- 
tiomst (1885 — ) ; R. T. Ely, Labor Movement 
in Am. ( rev. ed., 1902 ) ; J. Mitchell, Organized 
Labor (1903) ; Am. Year Book, 1910, 441; ibid, 
1911, 351, and year by year. W. MacD. 

GOOD BEHAVIOR OF PRISONERS. In 

nearly all states of the Union laws are estab- 
lished whereby prisoners serving a time sen- 
tence may secure a shortening of their term 
by a good conduct record. The reduction in 
the sentence usually ranges from a fourth to a 
third. Prisoners guilty of flagrant violations 



GOOD ENOUGH MORGAN TILL AFTER ELECTION— GOODS ROADS MOVEMENT 



of the rules lose their good time. In most pris- 
ons these deductions may be recovered wholly 
or in part by subsequent good conduct. Good 
conduct laws have exercised a great influence 
in the maintenance of good order in prisons. 
The love of liberty is a tremendous incentive 
to self-control, obedience and industry. The 
good time system has been criticised on 
the ground that it does not benefit the life 
prisoners, who constitute a considerable por- 
tion of the population of many prisons. The 
life prisoner, however, has an extraordinary 
incentive to good conduct, from the view that 
his only hope lies in the anticipation of a 
pardon which is likely to depend upon his 
good record. This incentive is usually quite 
as effective as the unwillingness to lose good 
time. See Criminal, Reformation of; Inde- 
terminate Sentence; Parole System; Pris- 
oners, Probation of; Reformatories. Refer- 
ences: Am. Prison Assoc, (formerly Nat. Pris- 
on Assoc), Reports (1870 to date) ; C. R. 
Henderson, Penal and Reformatory Institutions 
(1910) ; F. H. Wines, Punishment and Refor- 
mation (1910). H. H. H. 

GOOD ENOUGH MORGAN TILL AFTER 
ELECTION. A statement attributed, in 1827 
by the Rochester (N. Y.) Daily Advertiser, 
to Thurlow Weed (see), referring to a body 
found on the beach of Lake Ontario, claimed 
by the Anti-Mason propagandists to be that 
of William Morgan who in 1826 had mysteri- 
ously disappeared after having written a book 
purporting to reveal the secrets of freemasonry. 
See Anti-Masonic Party. O. C. H. 

GOOD OFFICES AND MEDIATION. Defini- 
tion. — "The phrase 'good offices' being some- 
what elastic, it may be well to confine its use 
to the two contingencies in respect to which 
this Department [the United States Depart- 
ment of State] is careful to limit its employ- 
ment. In its first sense, it corresponds to the 
French term officieuw, or the Spanish oficioso, 
and means the unofficial advocacy of interests 
which the agent may properly represent, but 
which it may not be convenient to present and 
discuss on a full diplomatic footing. In its sec- 
ond sense it is allied to arbitral intermediation 
as an impartial adviser of both parties, and not 
only implies but requires the assent of both 
parties and oftener, a spontaneous invitation 
from each" (Secretary Hay in Moore's Digest, 
see References). The aim of the exercise of 
good offices is ordinarily to initiate negotia- 
tions between the states upon the subject of 
dispute. The carrying forward of the negotia- 
tions is in a strict sense the field of mediation, 
but in practice there is now little distinction 
in the use of these terms and they are joined 
in a single heading in the Hague Convention 
for the Pacific Settlement of International Dis- 
putes of 1907, under Title II, "On Good Offices 
and Mediation." 



Process. — '"In case of serious disagreement 
or dispute, before an appeal to arms, the Con- 
tracting Powers agree to have recourse, as 
far as circumstances allow, to the good offices 
or mediation of one or more friendly Powers." 
Third powers may without offense tender good 
offices or mediation. "The part of the mediator 
consists in reconciling the opposing claims and 
appeasing the feelings of resentment which 
may have arisen between the States at vari- 
ance." The parties at variance are not under 
any obligation to accept the means of settle- 
ment proposed by the mediator, or even to 
interrupt hostile preparations during the med- 
iation. The Hague Convention recommends 
that a period not to exceed thirty days, unless 
otherwise stipulated, be allowed for mediation 
and that direct negotiations between the states 
be suspended during mediation. 

The United States Government has frequent- 
ly extended its good offices or mediation in 
order to settle disputes among South and Cen- 
tral American states. This mediation has ex- 
tended to the settlement of financial claims, to 
the adjustment of difficulties threatening war 
and to the ending of war already begun. 

Provision for resort to good officers and med- 
iation was made in the Hague Convention for 
the Pacific Settlement of International Disputes 
in 1899 and 1907. The Secretary of State of 
the United States unofficially received delegates 
of the South African republics in 1900 during 
the South African War and in reply to their 
request that the United States "intervene in 
the interests of peace" the Secretary said that 
the President of the United States, in endeav- 
oring to avert the war by representations to 
Great Britain, seemed "to have gone to the 
extreme limit permitted to him." 

Instances. — On June 18, 1905, the President 
proposed to Russia and Japan that they en- 
deavor to reach an agreement to end the Russo- 
Japanese war. His proposition was accepted 
and in the Peace of Portsmouth of September 
5, 1905, the terms of settlement were fixed. 

See Arbitration and Peace; Hague Tribu- 
nal; Mediation; Neutrality, Principles of; 
War, International Relations of. 

References: S. Takahashi, Int. Law as Ap- 
plied to the Russio- Japanese War (1809), 
774 ; J. B. Moore, Digest of Int. Law ( 1906 ) , 
VII, 3-34; A. P. Higgin, Hague Peace Confer- 
ences (1909), 103; J. B. Scott, Texts of the 
Peace Conferences at the Hague (1908), 157. 
George G. Wilson. 

GOOD ROADS MOVEMENT. Making and 
improvement of roads dates back to local 
colonial authority, in days when the principal 
roads led to the churches and court houses. 
After the Revolutionary War the need of roads 
became more apparent and was met first by 
turnpike companies then !>y federal expendi- 
tures {see Cumberland Road) to accommodate 
western travel. Few public highways were 



86 



GOO GOOS— GOTHENBURG SYSTEM 



well surveyed, well surfaced or had proper 
grades. A general movement for good roads 
began about 1890. Travellers to Europe 
brought home tales of the permanent and 
smooth roads there. The usual argument was 
the economic results to the farmer; but a new 
impetus was given by the advent of automo- 
biles which quickly wore out poor roads. The 
manufacturers of automobiles added their 
forces to those of the users. The result was 
a movement which has set in motion three 
agencies, national, state and local. 

Federal. — The Department of Agriculture at 
Washington maintains an Office of Public 
Roads with a director and several assistants. 
Congress makes an appropriation of more than 
$150,000 per year to carry on the work of 
this office. The main purpose is educational; 
bulletins, circulars and reports are issued, giv- 
ing the results of the investigations carried on 
by the office. Materials are tested, sample roads 
are built in various states, with careful records 
of the cost and material. The office is collect- 
ing a valuable library on the good roads move- 
ment. It sends lecturers to every state, and 
gives exhibitions in road making at state fairs. 
In Congress bills have been proposed looking 
toward a union of federal and state action in 
the construction of roads. 

State Administration. — The state is the cen- 
tre of the good roads movement, because it is 
chiefly by state action that the roads must 
be constructed, repaired, and administered. 
New Jersey, in 1891, began with an appropria- 
tion of $75,000 for roads, to be used in con- 
junction with local funds. The appropriations 
in that state have been largely increased, and 
a state commissioner of public roads has been 
set up in Massachusetts, and Connecticut; and 
New York has established a state highway de- 
partment. 

That state in 1905 authorized the issue of fif- 
ty million dollars in bonds for road building. 
The state is divided into six divisions for pur- 
poses of road administration, with a skilled 
engineer for each district. The main roads 
are under state construction and repair; and 
the branch roads are built jointly by state and 
local governments. The voters of Ohio, in 1912, 
voted down an amendment to the constitution 
authorizing a bond issue of fifty million dol- 
lars for good roads, one-tenth of which was to 
have been spent each year. The highway com- 
missioner of Ohio has taken up a plan of 
mapping the roads of the state, showing the 
amount of traffic over each road indicated. 
The roads most used are to receive whatever 
aid the state gives for road-making. Illinois 
has a state crushing plant, operated by con- 
vict labor. In many states convicts are used 
on road work. State aid and state supervision, 
or both, are elements in the good roads move- 
ment. 

Local. — The local governments have, in gen- 
eral, failed in road making principally because 



of the wasteful system of working out the 
road tax. Ohio continued it until prohibited 
by an amendment to the constitution in 1912. 
The unit of administration by the local gov- 
ernment is too small. Recent tendencies are 
toward state administration. 

See Automobile Regulation; Beidges, 
Public; Highway Commissioner, State; 
Pavements; Roads; Streets. 

References: Department of Agriculture, An- 
nual Reports; L. W. Page, "Progress and Pres- 
ent Status of the Good Roads' Movement in the 
United States" in Year Book of Department of 
Agriculture (1910), 265-274; F. J. Stimson, 
Federal and State Constitutions (1908), Bk. 
Ill, §§ 395, 409. Thomas N. Hoover. 

GOO GOOS. A term applied in derision to 
participants in the good government club move- 
ment which started in New York City about 
1894. 0. C. H. 

G. 0. P. A derisive abbreviation given by the 
Democrats to the expression "Grand Old 
Party" applied to the Republican party by 
the Republican campaign orators about 1880. 
The abbreviation was immediately given gen- 
eral currency by the newspaper press and has 
continued to be used as a nickname for the Re- 
publican party (see). O. C. H. 

GOTHENBURG SYSTEM. The Gothenburg 
"bolag" or company system for the sale of 
liquor, originated in Gothenburg, Sweden, in 
1865 and since generally adopted throughout 
Sweden and Norway ("Samlag," law of 1871), 
consists in that the sale of liquors, except beer 
and wine, is taken over by a private company 
of reputable citizens who subscribe the neces- 
sary capital, and are pledged to carry on the 
traffic as a matter of public welfare, reserving 
to themselves an ordinary rate of interest on 
the capital invested, while all profits beyond 
this accrue to the local community or the 
state. The advantages claimed for the com- 
pany system are that it: (1) eleminates 
private profit from the sale of a dangerous 
commodity; (2) makes law enforcement easy; 
(3) facilitates progressive reform, such as a 
reduction of places where liquor may be ob- 
tained, a reduction of hours of sale, and the 
establishment of counter-attractions to the 
dramshop. The cardinal difference between 
the Swedish and Norwegian systems lies in 
the methods of distributing the large profits. 
In Sweden these have been applied extensively 
to the reduction of the local rates, but in Nor- 
way they are appropriated chiefly to a nation- 
al fund, and to objects of public utility not 
supported by the rates, thus eliminating a 
very natural tendency to push sales. In both 
countries the consumption of distilled liquors 
has been greatly reduced under the company 
system. See Drunkenness, Regulation of; 
Liquor Legislation; Liquor Licenses; Liq- 



87 



GOVERNMENT— GOVERNMENT PRINTING OFFICE 



troR, State Dispensary for. References: Com- 
mittee of Fifty, Liquor Problem in its Legisla- 
tive Aspects (1898), 140-180; Joseph Rown- 
tree and Arthur Sherwell, Temperance Problem 
and Social Reform (1900), ch. vii. J. K. 

GOVERNMENT. Government in the primary 
sense is the official combination of those 
persons within a state who are legally em- 
powered to carry out the public purposes of 
the community. The despotic chief of a savage 
tribe, the citizens of a little republic acting 
en masse, or the imperial Bundesrath and 
Reichstag of Germany with the commonwealth 
and local authorities within the empire, all 
equally form genuine governments. In a larger 
sense, government is not only the organiza- 
tion of persons, but all the official acts of the 
various members of the organization. Thus a 
sidewalk ordinance, an act creating a street 
railway commission, and a treaty made by the 
President and Senate of the United States, are 
all government, in the sense of the application 
of public powers. See Government, Theory 
of; Individualism, Theory of; Political 
Science; Popular Government; Representa- 
tive Government. References: J. W. Garner, 
Intro, to Pol. Sci. (1910), index government; 
A. B. Hart, Actual Government (rev. ed., 1908), 
ch. iii. A. B. H. 

GOVERNMENT, THE. The term commonly 
applied to the United States Government in 
such phrases as government service, govern- 
ment contracts, government engineers, govern- 
ment clerks. It is never used, standing alone, 
as denoting state or local authorities or af- 
fairs. See Cabinet; Executive and Con- 
gress; Executive Power, Theory of; Feder- 
al State; Law, Administrative. A. B. H. 

GOVERNMENT BY INJUNCTION. This 
phrase sprang into common use shortly after 
the Pullman Riots of 1893, and is not illogical 
as applied to the interference of state courts 
by contempt process, or still more to the inter- 
ference of federal courts when carried out by 
federal officers or even by the Army, in mat- 
ters ordinarily concerning private relations or 
the public peace. Accordingly, some states are 
attempting by legislation to limit the issuance 
of injunctions and to prescribe the penalty 
and procedure in cases of contempt. Such stat- 
utes have been challenged on constitutional 
grounds ; the proposed acts of Congress face the 
difficulty that the federal courts possess all the 
powers of the English court of chancery at the 
time of the adoption of our Constitution; the 
same objection may apply in states where the 
state constitution establishes chancery courts. 

Despite the continuous agitation on this 
subject, it is probable that there has not 
been abuse of the writ of injunction, though 
when the discovery was first made that this 
effective process might be used in large mat- 



ters, or in labor disputes involving large bodies 
of men, this great arm of the court of equity 
was more carelessly wielded and in some in- 
stances, it enjoined all mankind from doing 
certain things, possibly criminal in themselves, 
and thus supplanted the ordinary peace au- 
thorities; in a western railroad case, workmen 
were enjoined from leaving their employment; 
in a Virginia mining case, employees were en- 
joined from assembling or walking peaceably 
upon the public highway. Nevertheless, as has 
recently been decided in the Bucks Stove and 
Range case, the fact that an act is lawful, or 
the right to perform it even constitutional, as 
in the case of free locomotion, freedom of speech 
or freedom to publish, does not, necessarily, 
prevent its being enjoined if part of a con- 
spiracy. 

In the platform of the National Progressive 
party, drawn up at the Chicago convention in 
August, 1912, is found the following: 

We believe that the issuance of injunctions in 
cases arising out of labor disputes should be pro- 
hibited where such injunctions would not apply 
when no labor disputes existed." 

The Democratic National Convention at 
Baltimore in June, 1912, called attention, in 
its platform, to the fact that the Democratic 
House "has passed a bill to prevent the abuse 
of the writ of injunction." 

See Courts, Federal; Injunction; Writs. 

References: Senate Reports, 57 Cong., 1 
Sess. (1902), No. 190, 1114; In re Debs, 158 
U. S. 564; G. G. Groat, "Injunctions in Labor 
Disputes" in Pol. Sci. Quart., XXIII (1908), 
408-439; W. H. Taft, Presidential Addresses 
and State Papers (1910), 146-163. 

Frederic J. Stimson. 

GOVERNMENT PRINTING OFFICE. From 
1789 to 1860 Congress made provision for the 
public printing by a system of contracts with 
private printers, but so much scandal was 
caused and so many disputes arose between 
the two houses that in 1860 Congress appropri- 
ated $135,000 for the purchase of an existing 
plant in Washington, and thus committed the 
government to the policy of doing its own 
printing which it has followed over since. At 
the head of the office is the Public Printer who 
is appointed by the President. He appoints 
all his subordinate officers, is responsible for 
the purchase of all supplies, and disburses all 
the money which is appropriated for this office. 
The enormous expense and evident waste in 
connection with the printing and distribution 
of public documents led, in 1906, to an elabo- 
rate investigation by a committee of Congress, 
which showed that the work done for the Gov- 
ernment in its own printing office costs much 
more than if done by private printers, and that 
large sums are spent annually for the printing 
of documents which are never called for and 
are ultimately destroyed or sold to junk- 
dealers. The Government Printing Office is by 



88 



GOVERNMENT, THEORY OF 



far the largest printing establishment in the 
world, and its plant could not be duplicated 
for less than $10,000,000. See Publications, 
Governmental. References: Congressional 



Printing Investigation Commission, Report 
(1906) ; W. S. Rossiter, "The Problem of Fed- 
eral Printing" in Atlantic Monthly, XCVI 
(1905), 331. L. B. E. 



GOVERNMENT, THEORY OF 



Method. — Any sound theory of government 
must rest upon an examination of the concrete 
historical facts relating to the origin and de- 
velopment of the state in each of the several 
countries of the world. All mere abstract 
views on the subject are now generally dis- 
counted by scholars. The work of historians, 
like Stubbs, and lawyers like Pollock and 
Maitland, are held in higher esteem by stud- 
ents of government than the treatises of 
Locke, Rousseau, Bentham and Mill. It is 
recognized to-day that political theories are 
born of time and circumstance rather than of 
pure reason, and that the surest way of arriv- 
ing at sound notions concerning government is 
to examine, not only the forms of government 
in their historical development, but also the 
forces, social and economic, which have largely 
determined the process of government. The 
older views that government originated in a 
social contract among free individuals or in a 
divine plan, although still accepted in some 
quarters and occasionally expounded in judicial 
decisions, are no longer held by critical scholars 
of constitutional law. The method of approach 
to government is now purely historical and 
pragmatic; it consists in a study of the con- 
crete governing process as it exists in separate 
countries. 

The Origin of Government. — By this meth- 
od the conclusion has been reached that 
two prime factors entered into the origination 
of government. It is generally agreed that 
man is not -by nature a political animal, if we 
are to derive our notion of what is "natural" 
from a study of the most primitive types of 
mankind. Long before there was any organized 
and permanent form of government, primitive 
men lived in loosely organized bands, cooperat- 
ing for immediate sustentation, dissolving and 
reintegrating largely under the pressure of ex- 
ternal environment. Political authority, in a 
form akin to that known in modern times, first 
appeared after the establishment of property 
in domestic animals and the consequent founda- 
tion of permanent marriage and slavery and 
patriarchal dominion. The patriarchal system, 
under which were evolved tribes and clans, de- 
veloped many forms and varieties of govern- 
ment and law, both before and after the adop- 
tion of agriculture. Some time after the settle- 
ment of patriarchal groups upon the soil a new 
political feature entered : the old tribal and clan 
settlements were conquered and welded together 
by wandering war bands whose leaders became 



kings. Thus the state, in the modern sense, 
involving the exercise of political power over a 
considerable population occupying a definite 
territorial area, was born of conquest. The 
innumerable petty kings created in the earlier 
expeditions were reduced in number by a proc- 
ess of natural selection — warfare among them- 
selves — until there emerged in western Europe 
a relatively small number of states, ruled by 
kings or persons bearing other titles of rank. 
Though the modern national state was born of 
conquest and the drilling and disciplining of 
subject populations, military force and royal 
dominion were not the sole factors. Older trib- 
al and patriarchal institutions were by no 
means entirely destroyed, although the ele- 
ments of exclusiveness, tribal religion and 
communalism were broken down as royal au- 
thority advanced, and brought all men and 
all institutions under its sway. 

The habits of submission to authority in- 
culcated under the patriarchal system were 
favorable to the maintenance of royal authority 
when once established. And the Christian 
church, coming to the support of kings, power- 
fully aided in fixing in the minds of the popu- 
lace reverence and respect for "the powers that 
be." In the modern theory of government, 
therefore, kings are not regarded as historical 
anomalies but as the founders of modern states, 
who welded together contending populations, 
drilled and disciplined them, and made possible 
settled, orderly, civilized life on a large scale. 
That the process of government has been a 
cruel one no one can doubt; but it has been 
the process by which contending congeries of 
barbarians have been reduced to a relatively 
small number of states — preparatory possibly 
to that larger "world-state" which philosophers 
believe is in the making. 

Rise of Popular Control. — The evolution of 
government was just begun when royal authori- 
ty was established. By the subjugation of feud- 
al nobles, the construction of royal highways, 
the adoption of royal coinage, the extension of 
royal authority, settled peace was brought to 
large areas and considerable populations, so 
that commerce, science, and the arts could 
flourish. Under these circumstances new 
groups began to spring up in society in opposi- 
tion to the older military and agricultural 
classes. A merchant group was born; and, 
with the discovery of the routes to the new 
world and markets in the four corners of the 
earth, this merchant class increased in wealth 



89 



GOVERNMENT, THEORY OF 



and numerical strength, and in the several 
states its members drew together under the in- 
fluence of a consciousness of identical interests. 
In time, in cooperation with the agricultural 
elements of the population the commercial class 
organized opposition to absolute monarchy and 
standardized that monarchy according to cer- 
tain rules or constitutional principles, safe- 
guarding life and property against arbitrary 
royal authority. Circumstances favored the 
developement of this organized opposition in 
England earlier than in France or in other na- 
tions on the continent. The monarchy was 
earlier consolidated there — the English Chan- 
nel, by making more difficult inroads from 
neighboring war bands, facilitated the cultiva- 
tion of the arts of peace, and the ease with 
which Tudor monarchs bent representative 
government to subserviency, prevented, in Eng- 
land, the destruction of the representative prin- 
ciple which had appeared quite generally all 
over western Europe during the Middle Ages 
{see Representative Government). 

England thus became the model for the re- 
introduction of representative government 
which accompanied the rise of the middle class 
to power on the continent during the 18th and 
19th centuries. Government in those centuries 
became constitutional and representative, that, 
isj royal authority, out of which the state and 
government had sprung, was everywhere curbed 
by principles and practices protecting life and 
property from arbitrary interference. Pro- 
vision was made for the maintenance of these 
principles by the establishment of legislatures 
composed of delegates representing more or less 
widespread classes of the people. In this course 
of evolution forms of government have been 
differentiated more or less according to the in- 
tensity and nature of the conflict out of which 
they have been born. In England, for example, 
the monarchy and the House of Lords survived 
the tide of modern democracy largely because 
they relinquished their ancient claims to do- 
minion. In France, on the other hand, the 
monarchy and the aristocracy were both de- 
stroyed. 

The evolution of government did not cease 
with the destruction or standardization of the 
monarchy. Neither did the institutions evolved 
under the monarchy perish. Trial by jury, 
one of the most famous products of the 
royal inquisition, survived in England, and is 
highly cherished by democracy everywhere ; and 
the centralized system of Louis XIV, rather 
than the doctrines of the revolutionists, lies 
at the base of French national administration 
today. The foundations of American institu- 
tions rest upon principles evolved under the 
monarchy in England. Governors, councils, 
legislatures, judicial systems, municipal and 
local governments in colonial times found pro- 
totypes in principles and practices in English 
institutions. Some of these American institu- 
tions trace their origin back into the earliest 

90 



period of English history. Others originated 
as royal authority was extended, or was con- 
trolled and directed by the rise of social groups 
whose interests conflicted with the exercise of 
arbitrary power. 

Theory a Form of Moral Justification. — But 
the process of government did not end with the 
establishment of constitutional safeguards 
against royal absolutism. About the same time 
that the middle class began to contend with 
the monarchy and feudal aristocracy for po- 
litical dominion, a new class was born with the 
industrial revolution — the working classes of 
industrial centres. This new group asserted 
its right to share in political powers through 
an extension of the suffrage; and by agitation, 
sometimes a show of violence, and the rivalry 
between political parties, control of government 
was widened out until it became vested prac- 
tically in the adult males of each nation. Out 
of patriarchal dominion, military conquest and 
subjugation, and the rise of the classes and 
their struggle for power, modern governments 
have taken their form, and out of the conflicts 
which have created modern government have 
been evolved our theories of government. The 
supporters of the Stuarts in England and Louis 
XIV in France, and, in fact, monarchs every- 
where, evolved and developed the divine right 
theory of government: the powers that be are 
ordaine of God; all power is in the monarch; 
the king is the state ; and if he share any of his 
dominion it is merely to secure the advice of 
his subjects. English statutes to-day run "Be 
it enacted by the King's most gracious Majesty, 
by and with the advice and consent of the 
Lords, spiritual and temporal, and Commons 
in Parliament assembled;" and English coins 
bear the words dei gratia rex. 

In opposition to this theory of divine right 
the great champions of popular control evolved 
their theory that government originated in a 
contract among free men, and its principles are 
founded in natural rights. Both these theories 
are merely the philosophic defences of the two 
contending interests out of which modern gov- 
ernment was evolved. When once popular con- 
trol was established by the formation of repre- 
sentative institutions, and, the triumph of con- 
stitutional principles, and the more or less 
wide diffusion of the suffrage, interest in gov- 
ernmental theories no longer centered principal- 
ly in the forms and structure of government, 
but rather in the functions of government. 
Writers of the middle class origin and sympa- 
thies, like Adam Smith and Herbert Spencer, 
seeing the unbounded enterprise and skill of the 
capitalist classes, evolved the doctrine of lais- 
sez faire: the functions of the government 
should be reduced to the minimum. Writers of 
feudal origin and sympathies, like the Cameral- 
ists of Germany, and Ruskin and Carlyle in 
England, formulated and developed a paternal- 
istic theory of government; rulers should use 
their power benevolently to improve the lot of 



GOVERNOR OF THE STATE 



their subjects. Writers of working class origin 
and sympathies evolved the socialist theory 
of government; the government should be 
used as an instrument for the collective 
ownership and administration of all the 
means of production for the benefit of 
the working class. The scientific student 
of government no longer dogmatizes as to the 
functions of government, because he realizes 
that they depend not upon any abstract theories 
as to the nature or justification of government, 
but rather upon the organization and pressure 
of interests within the state. Government 
ownership of railways, in Germany, for in- 
stance, does not rest upon any theories of pa- 
ternalism, but rather upon the practical ex- 
igencies of military defence. Manufacturers 
in England, owing to their strategic position in 
controlling the markets, in the middle of the 
nineteenth century declared it was not a proper 
function of the government to protect manu- 
facturing or agricultural interests; but manu- 
facturers in the United States, under other cir- 
cumstances, claim that this is a proper function 
of the government. 

Undoubtedly, however, the old doctrine of 



laissez faire, which viewed the government as 
a sort of police constable, whose functions were 
confined to keeping peace among the contend- 
ing inhabitants, is generally abandoned, and 
the government is coming to be viewed more 
and more as an agent of the people in the 
execution of schemes for public welfare. Pub- 
lic highways, public education, public health, 
and a large variety of undertakings designed to 
improve the physical and moral condition of 
the population are now being undertaken by 
governments everywhere. Thus an instrumen- 
tality born of conquest and subjugation has 
become an instrument of democratic service, 
and it is in this that it finds its moral and 
philosophic justification in our day. 

See Democracy; Representative Govern- 
ment; Social Compact Theory; Organiza- 
tion; State Socialism; State, Theory op. 

References: E. Jenks, History of Politics 
(1900); A. F. Bentley, Process of Gov. 
(1909); J. W. Garner, Introduc. to Pol. 
Science (1910), ch. ix; H. Spencer, Principles 
of Sociology (1893), Pt. V; H. Sidgwick, Prin- 
ciples of Politics (1891). 

Charles A. Beard. 



GOVERNOR OF THE STATE 



State Executive. — In American government 
the term governor is distinctively applied to 
the chief executives of the several states of the 
United States of America. Prior to their nat- 
ional independence it denoted the chief executive 
of each of the colonies, either appointed by the 
British Crown, or by the proprietor or — as 
in the case of Connecticut and Rhode Island, 
and of Massachusetts till it lost its charter, 
in 1684 — chosen by the freemen of the colony. 
The governor is now in each state a constitu- 
tional official, elected at large by the qualified 
voters of each state. His functions and powers 
are determined by the state constitution and 
cannot be abridged nor taken away from him 
except by due constitutional amendment. The 
several legislatures, from time to time, also 
impose on him as executive the appointment 
of various officials created by them, and the 
execution of various provisions of law enacted 
to meet the needs of the public welfare. In 
some states there is elected on the same ballot 
with him a lieutenant-governor who takes his 
place in case of death, inability, or absence, 
but has few other functions; sometimes, how- 
ever, as in New York, he presides over the sen- 
ate or upper branch of the legislature. 

Council. — In a few of the older states there 
is also associated with the governor an execu- 
tive council, composed of some five or eight 
members, each elected by popular vote from one 
of the several large councillor districts into 



which the state is divided. 
55 



Their function is 



91 



advisory. In Massachusetts their approval of 
the governor's appointments is required. They 
visit state institutions with him. He refers to 
them the preliminary examination of applica- 
tions for pardon. Prior to the institution of 
the office of state auditor, they audited the 
state accounts of receipts and payments. War- 
rants on the treasury for the payment of state 
expenditures are issued by them. 

The pardoning power is lodged in the gov- 
ernor's hands. In a few New England states 
he cannot exercise it except with the concur- 
rence of the executive council, but in most 
states, as in the Federal Government, it is 
vested solely in the chief executive. 

Appointments. — In a word, the governor is 
the chief executive of the state. But the tend- 
ency has been to narrow more and more the 
limits of his executive power and to impose on 
various commissions, the appointment of which 
is lodged with him, the supervision and control 
of various departments of the public service — 
railroads, water supply, lighting, highways, 
charitable institutions, etc. He is still com- 
mander-in-chief of the military forces of the 
state, and has the appointment of his military 
staff, but usually the other officers of the mili- 
tia are now elected by vote from within the 
various military lines. In Massachusetts, as 
in some other states, he at first appointed all 
judges, sheriff's, clerks of courts, registers of 
probate, and the attorney general, but now in 
that state none of these are left to his ap- 



GOVERNORS, CONFERENCE OF 



pointment except the judges, popular election 
having by constitutional amendment been 
adopted as to the rest. In most of the states 
all these officials, including the judges, are 
elected by popular vote; but in a few the gov- 
ernor still appoints them, sometimes for a term 
of years, sometimes — as in Massachusetts — for 
life, or during good behavior. 

Relation to Legislation. — The governor has 
some direct participation in legislation. He is 
authorized to call the legislature together for 
other than its regular sessions. He communi- 
cates to it and urges on its consideration his 
views on matters of public policy and recom- 
mends general and specific legislation. Except 
in the state of North Carolina he also has 
the power of vetoing any enactment of the 
legislature except an amendment to the state 
constitution, with no limitation of his power in 
this respect except that he return it to the legis- 
lature with a statement of his objections to it. 
And his veto absolutely defeats it unless, as is 
usually provided, each branch of the legislature 
passes it again by a two-thirds vote. In that 
case it becomes a law without his approval or 
signature; while all legislative acts approved 
by him receive his signature. 

Administrative Powers. — The powers of the 
governor are, therefore, not so much in his de- 
fined constitutional lines as in the moral atmos- 
phere and prestige of his office. The mayor of 
a metropolitan city is a busier and more 
heavily burdened official. But the governor's 
office in the popular impression is of the high- 
est dignity in the state. It is an ancient and 
honorable office, which has been clothed with 
the veneration of centuries. The governor, on 
all public occasions, is the first citizen of the 
state, the representative of its political, civil 
and military authority. His position as chief 
executive, his power of appointment to office 
and, in many cases, of removal, his command 
of the public ear, his prominence in the public 
eye, his environment of officials, and staff, and 
his relation to the legislature give him an 
influence in shaping its legislation altogether 
beyond the limitations of his strict consti- 
tutional range. In national affairs he is a 
natural exponent of his state, and expresses 
and enforces by his utterances its views, de- 
mands and judgment. In other words, the op- 
portunity is open to a governor to be a leader 
of the people as well as a perfunctory official. 
Especially is this true in time of crisis, under 
the impendence of vital questions of public pol- 
icy, of war — civil or foreign — of domestic or 
local riot, or of some great humanitarian ex- 
igency. 

The title of governor, in American govern- 
ment, is also that of the executive officers ap- 
pointed by the President to administer the 
affairs of our territories, or of acquired posses- 
sions like Porto Rico. The duties of such an 
officer are prescribed by the federal statutes 
and performed under the direction of the Presi- 



dent. He is removable at the pleasure of the 
President, and his status is, of course, very 
different from that of the governor of a state 
of the Union. 

See Appointments to Office; Executive 
and Executive Reform ; House of Governors • 
Messages, Executive; Proclamations, Exec- 
utive; Removal of Public Officials; State 
Departments 
Veto Power. 

References: J. H. Finley and J. F. Sanderson 
Am. Executive and Executive Methods (1908) ; 
J. Bryce, Am. Commonwealth (rev. ed., 1910), 
I, ch; xli; A. B. Hart, Actual Government 
(1909), ch. viii; C. A. Beard, Am. Government 
and Politics (1910), ch. xxiv; P. L. Reinsch, 
Readings on Am. State Government (1911), 
1-40; E. B. Greene, Provincial Governor 
(1898) ; F. J. Stimson, Comparative Adminis- 
trative Law (1893), I, 74-82; J. A. Fairlie, 
"The State Governor" in Mich. Law Rev., X 
(1912). John D. Long. 

GOVERNORS, CONFERENCE OF. The con- 
ference of governors had its origin in the ad- 
ministration of President Roosevelt, who, in 
May, 1908, called a meeting of governors at the 
White House, to advise with him in the prob- 
lems relating to the conservation of natural 
resources. A plan for further meetings of 
governors, was presented by Governor Willson 
of Kentucky, and advocated on the ground that 
such a meeting would tend toward more uni- 
form legislation. 

A second meeting was held at Washington, 
in January, 1909, to consider many problems 
that came under state administration, and are 
beyond the limits of the national jurisdiction. 
Among these are the questions of marriage 
and divorce, extradition, child labor, capital 
punishment, prison problems, initiative, refer- 
endum and recall, intrastate commerce, etc. 

A third conference was held at Frankfort, 
Kentucky, in 1910. The importance of team- 
play, and getting together was evidenced in 
this conference. 

Perhaps the most important conference yet 
held was the one held at Spring Lake, New 
Jersey, in 1911. The power of states over 
intrastate commerce was one of the leading 
points under discussion. The special occasion 
for this was the decision by Justice Sanborn, 
of the United States court of appeals, in the 
Minnesota Railway commission injunction case, 
to the effect that the state commission could 
not regulate certain rates of intrastate com- 
merce, because of the effect such regulation 
might have in interstate commerce. The doc- 
trine of state sovereignty over such questions 
was maintained, and a committee of three 
governors, with Governor Harmon, of Ohio, 
at the head, was selected to protest against 
the above decision before the Supreme Court. 
The conference was also used by some govern- 
ors to further their chances in the approaching 



92 



GRADE CROSSINGS ELIMINATION— GRADUATED LANDS 



presidential campaign. Some local conferences 
have also been held such as a meeting of west- 
ern governors in July, 1912. Conferences were 
held at Richmond, Va., and Washington, D. C, 
in 1912; and at Colorado Springs in 1913. 

See Comity, International and State; 
Governor; House of Governors; State 
Executive; Uniform State Legislation. 

References: E. F. Baldwin, "The Gathering 
of the Governors" in Outlook, XCIX (1911), 
162-166. Thomas N. Hoover. 

GRADE CROSSINGS ELIMINATION. Meth- 
ods. — Methods of separating the grade of a 
railroad from the grade of a street may 
be classified as follows: (1) elevation or de- 
pression of the street with no change in the 
grade of the railroad: (2) partial elevation or 
depression of the railroad combined with the 
partial depression or elevation of the street; 
(3) complete elevation or depression of the 
railroad with no change in the grade of the 
street. It is of the utmost importance that 
the problems of grade separation should not 
be taken up piecemeal. It sometimes hap- 
pens that the need for grade separation is 
first realized with reference to some one im- 
portant crossing in the business district. The 
danger is that this crossing will be consid- 
ered by itself and that a method of elimi- 
nation will be adopted that will condition or 
hamper all future grade separation work. The 
importance of first adopting a general plan 
covering all the crossings within a particular 
area can not be over emphasized. Of the 
three methods above referred to that of com- 
plete elevation or depression of the railroad 
with a minimum change in the grade of the 
street is undoubtedly the ideal method. It 
secures a perfect roadbed for railroad operation 
with a minimum of interference with the 
streets. 

The advantage to the public of grade separa- 
tion is very great. Besides the vexatious inter- 
ference with street traffic in 1908, 832 persons 
were'killed and 1,755 injured at grade crossings 
in the United States. The total amount of time 
lost at grade crossings by pedestrians, vehicles 
and street cars is in some cases enormous. Sep- 
aration of grades is also of great benefit and 
sometimes practically indispensable to the 
railroad which is thus relieved of the cost of 
warning signs, bells and signals, the main- 
tenance of gates and the employment of flag- 
men. The railroad is also relieved of a large 
expense due to personal injury claims; and 
complete elevation or depression of the tracks 
makes it possible to deal with the trespass 
nuisance from which the railroad suffers enor- 
mous loss and damage. The most potent in- 
centive from the standpoint of the railroad, 
however, is the increased speed and freedom of 
operation which is possible where grades have 
been separated. This factor has doubtless led 
roads like the Pennsylvania to expend large 



sums in grade crossing elimination on certain 
of their more congested divisions. Moreover, 
to a railroad that finds its chief field of use- 
fulness and profit in the development of a sub- 
urban rapid transit service, grade separation 
is a necessity. 

Cost. — The cost of eliminating grade cross- 
ings has sometimes been paid entirely by the 
railroad but more often has been borne partly 
by the railroad, partly by the city and in some 
cases partly by the state and by the street 
railroad company using the crossing. In Mas- 
sachusetts, the railroad pays 65 per cent of 
the cost, the city not more than 10 per cent, the 
street railway company using the crossing not 
exceeding 15 per cent and the state the re- 
mainder. Unless a street railway is involved 
the state's proportion is 25 per cent. State 
aid laws also exist in Vermont, and New York. 
In Chicago, where extensive grade separation 
improvements have been made, the railroad is 
required to bear the entire cost of track ele- 
vation including the cost of bridges and the 
reconstruction of the streets; while the city 
pays only the property damages which are in 
most cases very small. In Connecticut, under 
a law passed in 1889, each railroad is prac- 
tically required to eliminate at its own expense 
one grade crossing each year for every sixty 
miles of road owned or operated. The United 
States Supreme Court has upheld the exercise 
under the police power of the right to compel 
grade separation at the entire expense of the 
railroad (N. Y. and N. E. R. R. Co. vs. Bris- 
tol, 151 U. S. 556; N. P. R. Co. vs. Minnesota, 
208 U. 8. 583). 

See Accidents, Railroad and Steamship; 
Bridges, Public; Railroad Commissions, 
State; Railroad Establishment and Man- 
agement; Railroads, Regulation of; 
Streets; Transportation, Regulation of. 

References: E. M. Bassett, "Report on Grade 
Crossings" in New York Public Service Commis- 
sion for the First District, Third Annual Re- 
port, I (1909), 279; R. H. Whitten, "Methods 
of Railway and Street Grade Separation in 
Cities" in Engineering and Contracting, 
XXXVI (1911), 442-45. 

Robert H. Whitten. 

GRADUATED INCOME TAX. See Tax, In- 
come, Graduated. 

GRADUATED LANDS. The act of August 4, 
1854 (repealed June 2, 1862), graduated the 
price of public lands which had been in the 
market over ten years. The benefit of the 
act could only be secured by actual settlers 
or those who desired to obtain land adjoining 
their farms. The graduation extended, in five 
year periods, from ten to thirty years. At 
the end of the former period the price was 
$1.00 an acre, and this fell until, after thirty 
years, it reached twelve and a half cents. See 
Land Office; Public Lands. Reference: T. 



93 



GRAFT— GRANGER CASES 



Donaldson, "Public Domain" in Commission 
of Public Lands, Annual Reports ( 1884 ) . 

P. J. T. 

GRAFT. A slang expression, borrowed from 
the under world of crime, first appearing in 
its political signification in Chicago early in 
the last decade of the nineteenth century, signi- 
fying money or other valuable considerations 
extorted from the public without adequate serv- 
ice or legal sanction. It applies to money or 
concessions extorted from public officials, pub- 
lic funds embezzled by them, and compensation 
for permitting law-breaking. See Corruption. 

0. C. H. 

GRAMMAR SCHOOLS AND THE GRADES. 

See Schools, Grammar and the Grades. 

GRAND COMMITTEE. This name has com- 
monly been applied to committees of one from 
each state, and dates from the Federal Conven- 
tion where such a committee was formed to ad- 
just the controversies over representation; and 
from it came the Connecticut compromise 
(see). In the midst of the Missouri trouble of 
1820, a grand committee was raised from which 
proceeded the first Missouri compromise (see). 
In 1850, Senator Foote proposed a similar 
committee; but instead, a committee of 13 was 
created in the Senate. In the crisis of 1860, 
a Senate committee of 13 and a House commit- 
tee of 33 ( one from each state ) attempted vain- 
ly to frame some compromise. Since that time 
the states have been too numerous to make 
such a committee practicable. See Compro- 
mise of 1850; Compromises, Proposed, 1860- 
1861; Constitution of the United States, 
Compromises of; Missouri Compromise. Ref- 
erences: J. Schouler, Hist, of the U. 8. (1904), 
III, 163, V. 169 ; A. C. McLaughlin, Confedera- 
tion and Constitution (190C), 201-220, 234- 
235. A. B. H. 

GRAND JURY. See Jury, Grand. 

GRAND LIST. Name applied to the en- 
rollment of listed property, including real and 
personal. In some states this is called the 
tax duplicate. See Assessment of Taxes. 

D. R. D. 

GRANDFATHER CLAUSE. A clause in the 
constitutions of several of the southern states 
which secures the disfranchisement of the ma- 
jority of negro voters by means of an educa- 
tional qualification, while the white illiterate 
voter is exempted from the operation of the 
law by the provision that the law should not 
apply to any one whose father or grandfather 
had been a voter before 1867. See Fifteenth 
Amendment; Negro Suffrage. O. C. H. 



GRANDFATHER'S HAT. A tall hat of the 
style of 1840 worn in the Harrison campaign 



of 1888, representing that of Benjamin Harris- 
on's grandfather, William Henry Harrison 
(see). It was sometimes used to create en- 
thusiasm by recalling the stirring scenes of the 
Log Cabin and Hard Cider campaign (see). It 
was also used by his opponents as a term of 
derision, intimating that Benjamin Harrison 
(see) was over-shadowed by his grandfather's 
reputation or was seeking to make use of it. 

O. C. H. 

GRANGE. See Grangers. 

GRANGER CASES. A group of cases de- 
cided in the Supreme Court of the United 
States in 1876 relating to the legislative reg- 
ulation by the states of railroad rates is often 
designated as the "Granger Cases," that term 
being used by way of general description in 
the dissenting opinion, for the reason that the 
legislation regulating railroad rates in Iowa, 
Minnesota, and Wisconsin, the validity of 
which was directly involved, had been to a 
considerable extent secured through agitation 
carried on in Granges ( see ) , that is, voluntary 
associations of farmers designed to further 
their interests, the members of which were 
called Grangers (see). The cases in which 
opinions were handed down were Chicago, B. 
& Q. R. Co. vs. Iowa (94 U. 8. 155) and Peik 
vs. Chicago & N. W. R. Co. (94 U. S. 164). 
They involved the constitutionality of state 
legislation fixing maximum rates for the trans- 
portation by railroads of freight and passen- 
gers, the contention of the railroads being that 
such statutes impaired their charter rights, 
deprived them of the beneficial use of their 
property without due process of law (see), 
and that they also infringed the power 
conferred on Congress by the Constitution to 
regulate commerce. The court briefly rean- 
nounced the principle elaborated in another 
case decided at the same term (see Munn vs. 
Illinois) that railroad companies being carri- 
ers for hire and therefore engaged in a public 
employment affecting the public interest are 
subject to legislative control as to their rates, 
and held that: (1) the charters of the com- 
panies, containing no specific provision as to 
rates other than that they might demand and 
receive such rates as they should deem reason- 
able, would not constitute contracts limiting 
the power of the state to regulate such rates 
(see Contract, Impairment of) ; (2) the ex- 
ercise of their public callings subjected the 
companies to legislative regulation of rates in 
the exercise of the police power, and such reg- 
ulation would not deprive them of property 
without due process of law, the power to reg- 
ulate being essentially legislative and not judi- 
cial (such regulation however being subject 
to the limitation announced in subsequent 
cases that a reasonable rate of profit on the 
property employed can not be denied) (see 
Prices and Charges ) ; ( 3 ) state statutes ap- 



94 



GRANGERS— GRANT, ULYSSES SIMPSON 



plicable to rates to be charged within a state 
do not infringe the powers of Congress under 
the commerce clause relating to interstate com- 
merce so long as Congress has not legislated 
upon the subject. On this last point it was 
later held that state legislation as to rates did 
not apply to interstate commerce. See Inter- 
state Commerce and Cases ; Transportation, 
Regulation of; Prices and Charges; Public 
Use. E. McC. 

GRANGERS. A name applied to the mem- 
bers of the Grange, or the Order of the Pa- 
trons of Husbandry, a secret fraternal order 
founded in Washington, December, 1867, by 
O. H. Kelly, a clerk in the Department of Ag- 
riculture. Under his leadership an organiza- 
tion was begun in Washington, with provision 
for state and local lodges. Women were to 
be admitted on equal terms with men, though 
membership was to be limited to those engaged 
in agriculture. The original design was chief- 
ly educational and social — to gather into one 
fraternal organization the masses of the farm- 
ers; to develop themselves and their homes; 
to reduce expenses by cooperation; to diversify 
and to produce more crops; to "discourage the 
credit system, the mortgage system, the fashion 
system and every other system tending to 
prodigality and bankruptcy." Kelly resigned 
his office in Washington and gave his life to 
organizing Granges in the west, unselfishly 
suffering financial sacrifices and hardships. 
The order grew slowly until 1873, when the 
first national Grange convention was held in 
Georgetown, D. C. From 1872 to 1875 was a 
period of remarkable growth, 13,000 subordi- 
nate Granges being organized in 1873 alone, 
while by 1875 the total membership reached 
1,500,000. This growth was promoted by the 
discontent and hard times following the panic 
of 1873. 

Although professedly non-partisan and non- 
political, the Granger movement had a de- 
cided influence in the elections of 1874 and 
1875 and led to "Granger legislation" and pro- 
moted the growth of the Greenback party (see) . 
The Grangers first sought mutual control of 
agricultural industrial agencies, like flour 
mills, elevators, tobacco and grain warehouses 
and cooperative stores. In legislation they 
demanded reasonable railway rates and the 
prevention of extortion by the private control 
of terminal facilities and shipping agencies. 
The movement was influential in bringing about 
the court decisions in the "Granger Cases" 
(see), vindicating the right of public control 
of public utilities; in securing the passage of 
the Inter-State Commerce (see) Act, as, also, 
in later years, in promoting pure food legisla- 
tion in state and nation. In politics the force 
of the Granger movement is to be traced in the 
growth of the Farmers Alliance (see) and the 
Populist party (see). While the political 
activities and influences of the Grange have 



declined in recent years, its educational and 
mutual benefits have continued. It has pro- 
vided for mutual fire insurance and for coop- 
erative buying, and has taken the lead in 
farmers' educational meetings. 

Although economic features are strong, yet 
the real basis of the Grange is its educational 
and social work. It becomes rooted in family 
and neighborhood life, and represents a real 
social power in the regions in which it is well 
established. Buildings erected purposely for 
Grange halls are common. The basis of mem- 
bership is that the applicant shall be directly 
interested in agricultural affairs. The unit of 
organization is the local or subordinate grange, 
representing a small farming community. This 
has the power to confer certain degrees. The 
county, or pomona grange, meeting less fre- 
quently, is made up of the local granges within 
its territory and it confers other degrees. The 
state grange, meeting annually, is composed 
of delegates; and the national grange, also a 
delegate body, has final jurisdiction on ques- 
tions of policy and procedure. The grange is 
a powerful support to the movement for edu- 
cation for country life and for the proper 
recognition of the farmer as a man and a 
citizen. 

See Farmers' Alliance; Farmers' Associa- 
tions. 

References: J. R. Commons and others, His- 
tory of Am. Industrial Society (1909), IX; 
S. J. Buck, "Independent Parties in Western 
States" in Turner Essays in Am. Hist. (1910), 
ch. vi; Outlook, LX; Forum, XXXI; Arena, 
XXXIX; E. W. Martin (Pseud, for J. D. M. 
Cobb), History of the Grange Movement 
(1874). J. A. Woodburn. 

GRANT, ULYSSES SIMPSON. Ulysses S. 
Grant (1822-1885), eighteenth President of 
the United States, was born at Point Pleasant, 
Ohio, April 27, 1822. He graduated from West 
Point in 1843, and served with distinction in 
the Mexican War. He resigned from the 
Army in 1854, and until the outbreak of the 
Civil War was engaged in business. In 1861 
he enlisted as a volunteer, and was soon ap- 
pointed brigadier-general. In 1862 he was ap- 
pointed major-general. Until 1864 he served 
in the West; he was then, March 2, appoint- 
ed lieutenant-general with command of all the 
military forces of the United States. July 
25, 1866, Congress conferred upon him the 
rank of general. He cherished no resentment 
towards the South, and while holding aloof 
from political parties, used his great influence 
to bring about a return to normal conditions. 
From August 12, 1867, to January *3, 1868, 
he held the office of Secretary of War in place 
of Edwin M. Stanton, whom Johnson had sus- 
pended. In 1868 he was nominated for the 
presidency by the Republicans, and elected, re- 
ceiving 214 electoral votes against 80 for Hora- 
tio Seymour, his Democratic opponent. In 



95 



GRAY, GEORGE— GREAT BRITAIN, DIPLOMATIC RELATIONS WITH 



1872 he was reelected, receiving 286 out of 366 
electoral votes. His influence on legislation 
during his presidency was due to his immense 
popularity as a soldier rather than to his abil- 
ity as a politician or a statesman; and while 
his administrations were full of important leg- 
islation, they were also clouded by revelations 
of widespread corruption in civil life, and by 
many unfit appointments. He had little sym- 
pathy with the policy of upholding Republican 
governments in the South by the aid of federal 
troops, and gradually withdrew most of the 
troops during his second term. In 1880, after 
a notable trip around the world, he was again 
brought forward for the presidency, and in the 
Republican convention he received a vote, for 
36 ballots, which varied from 302 to 313. He 
died at Mt. MacGregor, near Saratoga, N. Y., 
July 23, 1885. See President, Authority and 
Influence of; Reconstruction; Wars of the 
United States. References: U. S. Grant, Per- 
sonal Memoirs (rev. ed., 1885); J. G. Wilson, 
Life of U. 8. Grant (1897) ; A. Badeau, Mili- 
tary Hist, of U. 8. Grant (1868), Grant in 
Peace ( 1887 ) ; J. F. Rhodes, Hist, of the U. 8. 
(1893-1905), III-VII; W. A. Dunning, Recon- 
struction (1907). W. MacD. 



GRAY, GEORGE. George Gray (1840—) 
was born at New Castle, Del., May 4, 1840. 
He was admitted to the bar in 1863, and until 
1869 practiced at New Castle, but thereafter 
made his home at Wilmington. From 1879 to 
1885 he was attorney general of Delaware, and 
was then elected to the United States Senate, 
where he served one term. He was a delegate 
to the Democratic national conventions of 1876, 
1880, and 1884. In the presidential campaign 
of 1896 he adhered to the gold standard wing 
of the Democrats, and throughout his political 
career , was recognized as one of the conserva- 
tive leaders of his party. In 1898 he was a 
member of the Spanish-American peace commis- 
sion ; and in the same year served on the Anglo- 
American high commission at Quebec. In 1899 
he was appointed United States circuit judge 
for the third circuit, and in 1900 was desig- 
nated a member of the permanent court of ar- 
bitration at The Hague. Both of these posi- 
tions he still holds (1913). He was chairman 
of the anthracite coal commission in 1902. 

W. MacD. 

GREASER. A term of contempt, applied to 
a Mexican of the lowest type. T. N. H. 



GREAT BRITAIN, DIPLOMATIC RELATIONS WITH 



The foreign policy of every state will be 
dictated by its interests, for altruism in the 
sense of preferring the good of some other 
people to its own would be a betrayal of trust 
by the government. This policy may be a long 
enduring, continuous thing like Russian expan- 
sion or Pan-Germanism; or it may be oppor- 
tunism, to defend a right or meet a crisis. 
The permanent foreign interests of the United 
States, roughly speaking, have involved: (1) 
furtherance of trade and neutrality; (2) terri- 
torial adjustment and expansion; (3) exclu- 
sion of European interference on the American 
hemisphere. To these may be added, (4) care 
for New England's fishery interests. These four 
threads are traceable through, our relations 
with Great Britain and can best be treated 
topically but must be preceded by a brief state- 
ment of the beginning of diplomatic relations 
with Great Britain. 

Treaty of Peace (1782). — The negotiation of 
1782 was a veritable triumph for the new re- 
public, a triumph, too against the secret in- 
fluences of France and Spain. Recognition of 
independence was a prerequisite. The ques- 
tions most disputed related to boundaries, 
fisheries and the confiscated estates of the 
loyalists. As for limits, Spain desired our 
exclusion from the Mississippi, while Eng- 
land wished the land east of the Penobscot 
with which to compensate loyalists. 

Both claims were resisted, and a generous 



share in the northern fisheries was obtained 
(8ee Fisheries). As for the loyalists, owing 
to the loose union of states under the Articles 
of Confederation, Congress could only agree 
to recommend to the states an illusory restitu- 
tion under conditions. But further confisca- 
tion was forbidden and the recovery of debts 
facilitated. 

Allegiance. — As in the fisheries and in com- 
merce, the relations between the two countries 
were much disturbed by long disagreements on 
the right of impressment and search. There 
was nothing wrong in a British naval draft 
law, but the attempt to enforce it upon foreign 
ships at sea, that is outside of British juris- 
diction, was illegal, whether in time of peace 
or of war. It was also exasperating. It cul- 
minated in an attack upon the United States 
ship of war, Chesapeake, by the Leopard 
searching for British deserters. The British 
claim to search American ships at sea in time 
of peace on suspicion of slave trading, without 
treaty warrant, was not surrendered until 1859. 

The British Naturalization Act of 1870 end- 
ed the doctrine of indefeasible allegiance and 
brought English usage into conformity with 
our own as to a five year residence qualifica- 
tion. This stopped one cause of controversy. 
Another lay in the occasional lapse of extra- 
dition which, originating in Jay's Treaty, and 
restated in 1842, had been vitiated by the Ex- 
tradition Act of 1870. This forbade surrender 



96 



GREAT BRITAIN, DIPLOMATIC RELATIONS WITH 



for political offenses; required assurance that 
only the alleged crime would be charged, and 
reserved priority of punishment for an offense 
against English law. Our extradition agree- 
ment of 1889 with Great Britain conformed to 
this Act and ended a sporadic difficulty. 

Commerce. — The trade relations with 
Great Britain for a century and a quarter have 
been, to both, all important. Breadstuffs, cot- 
ton and tobacco exported; manufactures and 
use of capital returned; identity of language 
and of commercial law — these were so many 
grappling hooks to bind the two together. 

Along with the treaty of peace in 1782, a 
treaty of commerce with Great Britain was 
solicited. This proved unattainable. The re- 
strictions of the colonial system were too 
strong. The West Indian trade was closed 
against the ships of the United States. Partly 
in retaliation, British ships were excluded 
from our coasting trade and tea imported in 
them had to pay a special import. No treaty 
of commerce was made until 1794 (see Jay 
Treaty). By 1793, the trade interrupted by 
the Revolution had revived. Should it be jeo- 
pardized by making common cause with France 
in her struggle! This danger was avoided by 
the adoption of a policy of neutrality (see 
Neutrality Proclamation ) . 

The years from 1793 to 1812 are marked by 
the painful effort of the United States to per- 
form its neutral duties and particularly to 
maintain its neutral rights. Its breadstuffs 
were declared contraband; seamen were pressed 
out of its ships on the high seas; blockades 
far more extensive than the facts warranted 
shut them out from continental and West In- 
dian ports; all sorts of hampering orders, de- 
crees and confiscations interfered with them. 
Nevertheless, our trade throve largely, such 
was the virtue of the neutral attitude. Our 
commercial tonnage was greater in those years 
than in 1830, after years of prosperity (see 
Neutral Trade). After the War of 1812 
came the development of the Middle West with 
its increase of agricultural wealth. Meanwhile 
the cotton staple of the South had proved the 
basis of great manufacturing development in 
Lancashire. Interruption of this cotton and 
provision trade would have been truly disas- 
trous, for the United States would have gone 
bankrupt while Great Britain would have 
starved. 

The results of the blockade of the cotton 
ports, 1861-1865, are a slight foretaste of what 
war at any time might have brought about. 
Solid indeed is the foundation upon which the 
commercial relations of the two countries have 
been built, and American diplomacy has recog- 
nized and sanctified the bond in treaties of 
amity and commerce with Great Britain as fol- 
lows: 1794, (Arts. Ill, XIV, XV); 1815, 
(Arts. I, II, III) ; 1827, continuing the agree- 
ment of 1815 for ten years and indefinitely 
thereafter unless denounced — under this treaty 

97 



the two countries are now (1913) acting; 1854, 
securing ten years of partial reciprocity with 
Canada; 1871, Canadian fisheries and trade, 
lasting for twelve years. Freedom of approach 
and intercourse and the most favored nation 
treatment characterize these treaties. So far 
as has been feasible, the United States, in the 
definitions of naval prize law, in the rules 
governing the carrying trade in war, and in 
the strict regulation of neutral duties, has 
shown itself convinced that its dominant in- 
terests are those of a neutral, not those of a 
belligerent. The sole exception to this policy 
was the refusal of Marcy to adhere, in 1856, 
to the Declaration of Paris, which was in effect 
a bill of neutral rights; for the refusal the 
excuse was that it did not go far enough, the 
State Department undertaking that if the 
Powers would agree to exempt all private prop- 
erty at sea (even enemy's) from capture, the 
United States would accede and surrender its 
right to increase its naval power through pri- 
vateering [see Declaration of Paris). 

Territorial Adjustment and Expansion. — The 
geographical ignorance of the framers of the 
treaty of 1783 led to many subsequent diffi- 
culties. First, there was doubt as to the iden- 
tity of the St. Croix river, which was the first 
link of boundary in the northeast. By Article 
V of the treaty of 1794, this question was 
referred to a commission, an early instance of 
international arbitration. This commission re- 
ported, in 1798, that the most western of the 
two streams called St. Croix was the boundary 
river of the treaty as claimed by Great Brit- 
ain. But there had also been controversy as 
to which of the two branches of this St. Croix 
was the main stream, and here the claim of 
the United States was sustained in favor of 
the Northern or Schoodic confluent. 

From the source of the Schoodic the next 
section of the boundary was by treaty to run 
due north to certain highlands "which divide 
those rivers that empty themselves into the 
river St. Lawrence from those which fall into 
the Atlantic Ocean." If by highlands was 
meant a mountain range, exploration showed 
that there was none; if a water-shed was in- 
tended, each country contended for a different 
one, Great Britain for that between Penobscot 
and St. John waters, the United States for 
that which divides the St. Lawrence river trib- 
utaries from all others. This difference was 
referred to a commission of two by the treaty 
of Ghent in 1814, with arbitration to fall back 
upon. As the commission was a failure and 
grave disorder threatened in this vast disputed 
territory, the alternative of arbitration was 
resorted to in 1827. The arbitrator, the King 
of the Netherlands suggested a compromise, 
that the St. John river be the boundary. Since 
nothing was clearer than that a river was not 
the highlands called for by the treaty, the 
United States rejected the award, and the 
status quo returned. Disputes and disorder 



GKEAT BRITAIN, DIPLOMATIC RELATIONS WITH 



became serious after that, and the squabble of 
state with province is dignified by the name 
of the Aroostook War. The settlement came 
in 1842 (see Ashburton Teeaty) and was a 
compromise almost precisely on the lines recom- 
mended in 1831 by the Dutch sovereign (see 
Northeastern Boundary Controversy). 

A boundary controversy of importance arose 
on that line which was to run from the "most 
northwestern point" of the Lake of the Woods 
due west to the Mississippi river. Since the 
head of the Mississippi proved to be to the 
south of the Lake of the Woods, the question 
arose, whether the rectified line should run 
from the Lake of the Woods to the nearest 
source of the Mississippi, as the United States 
contended, or should quite a new boundary be 
laid down, due west from the western end of 
Lake Superior, which was the British sugges- 
tion. Article V of the Treaty of 1803 embodied 
the American claim, when news of the Louisi- 
ana Purchase put a new face on affairs, and 
the agreement failed of ratification because 
Louisiana's northern limit was somehow sup- 
posed to be the parallel of forty-nine, which 
was more favorable than the 1803 line. The 
line of the 49th parallel was accepted by Great 
Britain, but where should it end? Great Brit- 
tain preferred to insert the uncertain state- 
ment that it should run as far west as the 
territories of the United States extended; but 
this was feared as allowing a future claim 
that British colonies might cut off our west- 
ward expansion. Therefore, in 1818, the 
"Stony (Rocky) Mountains" were accepted as 
the western limit, but with the proviso that 
the region beyond the mountains should for 
ten years be open to both parties without pre- 
judice. And in 1827 this arrangement was ex« 
tended. After 1840 there came into the Ore- 
gon {see) country a rapid influx of American 
farmers who fairly outsettled their rivals; and 
by treaty, in 1846, the 49th parallel as 
boundary was extended "to the middle of the 
channel which separates the continent from 
Vancouver's Island," and southerly through 
this channel to the Pacific, with use in common 
of the Columbia and its portages, thus com- 
pleting the boundary from ocean to ocean. 

This, however, was not the end. of the con- 
troversy; for instead of one channel out to the 
straits, the archipelago, including the island 
of San Juan, is traversed by two navigable 
channels, the Canal de Haro on the west, Ro- 
sario Strait on the east. Each nation laid 
claim to that channel which served its interests, 
and the island of San Juan was occupied, by 
small military contingents of the two parties. 
In a final arbitration under the Treaty of 
Washington in 1871, the American view was 
sustained, presumably on the ground that the 
49° boundary had stopped short of the ocean 
only to avoid cutting the great island of Van- 
couver in two; and that the concession of the 
United States in British favor should be strict- 



ly construed (see Northwestern Boundary 
Controversy). 

A third boundary quarrel arose over Alaska. 
When Russia sold her American possessions to 
the United States in 1867, it was, of course, 
subject to treaty provision as to boundaries 
made with Great Britain in 1825. No serious 
question was raised as to this line until after 
the discovery of gold in the upper Yukon Val- 
ley, which was British but was accessible only 
across American soil and by an American port; 
Could not, at least, one of the deep fjords in- 
denting the coast be claimed as British ? The 
treaty language carried the line from the in- 
tersection of Portland Canal with 56° "along 
the summit of the mountains parallel with the 
coast" to the neighborhood of Mount St. Eli- 
as; then along the 141° of west longitude to 
the Arctic Ocean; but whenever the summit 
of these mountains was more than ten marine 
leagues from the ocean, the line was to deviate 
and lie parallel to the windings of the coast 
a similar distance from it. Were islands off 
the continent a part outside "the coast?" Were 
fjords a part of the ocean? Should the line 
be conventional or actually follow all sinuos- 
ities ? Upon these questions depended the 
treatment of the Klondike traffic and they be- 
came pressing. The steps in the process of 
settlement were: (1) 1892, a convention to 
mark the boundary; (2) 1894, an extension of 
the above; (3) 1899, a provisional boundary on 
the Klondike route at the top of the White 
and Chilkoot passes; (4) 1903, reference of 
the dispute to a commission of six jurists of 
repute, three from each country. By the vote 
of a British judge, Lord Alverstone, the claim 
of the United States was ratified. A less im- 
portant point, relating to the southern be- 
ginning of the line was decided in British favor 
(see Alaska Boundary Controversy). 

Exclusion of European Interests. — The 
"hands off" policy addressed to European 
powers including Great Britain is based in 
terms upon the right of self-defense (see Mon- 
roe Doctrine). It has never been applied to 
British territory in North America; but the 
status of the Hawaiian Islands in 1842, Texas 
in 1843, Cuba in 1852 and Venezuela in 1895, 
all aroused that jealousy of British influence 
which earlier set the Monroe Doctrine in mo- 
tion. This same principle dictated the Clay- 
ton-Bulwer treaty in 1850, to prevent exclu- 
sive British control of a future canal across 
Central America. The abrogation of the Clay- 
ton-Bulwer treaty (see Hay-Pauncefote 
Treaty) by mutual consent, the spirit of good- 
will between the two countries, England's 
phlegmatic acceptance of our Monroe Doctrine 
whatever it may mean, all these influences 
seem to remove that Doctrine from our cate- 
gory of disturbing factors so far as concerns 
Great Britain; but historically it has had to 
be taken into account by her and has some- 
what limited her action in America. 



98 



GREAT COMMONER— GREEK FEDERATIONS 



Fisheries. — In the colonial period, in the ne- 
gotiation of peace in 1782, and ever since, the 
fisheries along the coasts of the British mari- 
time provinces and islands have been a source 
of discord. The high sea fishery belongs to all 
nations in common, but needs bait; while the 
fish within the territorial waters of the prov- 
inces have been a temptation to fishermen from 
farther south. The treaty of peace in 17S3 
sharply distinguished these two classes of fish- 
ery, recognizing existing rights in the one and 
granting them in the other. This grant by 
Great Britain was surprisingly liberal, for it 
opened all the coastal waters of the provinces 
except a portion of Newfoundland. After the 
War of 1812, England claimed that this grant 
had been terminated by the fact of war, our 
own claim being that, like independence and 
boundaries recognized by the same treaty, it 
was perpetual. The treaty of 1818 was, how- 
ever, substantially in line with the British 
contention, limiting the coastal fisheries open 
to the United States to Labrador, certain parts 
of Newfoundland and the Magdalen Islands. 
It was perpetual in terms. The principal in- 
shore fish is mackerel, and it is chiefly up- 
on mackerel that the disputes of the thirty- 
six ensuing years centered. Our smacks oc- 
casionally poached, smuggled, crowded the na- 
tive boats away from their stations, tore nets, 
choked fish by throwing 'gurry' overboard, or 
enticed fish over the three-mile limit. These 
abuses were met by stricter policing by the 
British colonial governments, by prosecutions, 
captures and by wider interpretation of the 
meaning of territorial waters. Meanwhile the 
provinces were excluded from our market by 
tariffs on fish. The reciprocity treaty of 1854 
balanced these two coveted privileges, opening 
all British American waters to our smacks, 
and our ' markets to their fish free of import 
duty. Dissatisfaction with this treaty on our 
part, led to an interregnum of a few years and 
then to its renewal in 1871 in a new form; a 
commission was to strike a cash balance be- 
tween the two privileges — free fishing and free 
imports. The award, in 1877, was $5,500,000 
against the United States. Since the expira- 
tion of that treaty, in 1883, the agreement of 
1818 has governed, with such interpretation 
of our rights under it as diplomacy, local 
statutes and the useful arbitration of 1910, 
have furnished (see Newfoundland Fisheries 
Dispute). A later phase of this question of 
fisheries was begun in 1886, when three vessels 
of British register were seized by the United 
States for catching seals on the high seas. The 
root of the trouble was a question of jurisdic- 
tion. Had the United States a right, based 
upon its exclusive control of Bering Sea or 
upon a property in the Pribilof seals, to pro- 
tect them at sea without treaty? This issue 
was decided at Paris in 1893 by arbitration 
against us. Since then international agree- 
ment has endeavored to preserve seal life. 



99 



Arbitration. — More frequently, perhaps, than 
any other two countries, Great Britain and 
the United States have had recourse to arbitra- 
tion to settle their differences. Several of 
these cases have been above referred to. It is 
not strange that both countries should have 
desired upon this usage to erect a treaty com- 
pact of arbitration, of the widest possible scope 
and working automatically. One such pro- 
posed in 1897, ingeniously provided either set- 
tlement or delay, but failed in the Senate. 
Another even more comprehensive was con- 
sidered in 1912. Whether or not one can dis- 
cern in such machinery the assurance of per- 
petual peace, it has at least a sentimental val- 
ue as reflecting the close friendship of the 
two people, a friendship based upon identity 
of blood and language, literature and law, 
above all upon trade, a friendship which in 
the main their diplomacy has mightily aided. 

See Alabama Controversy; Alaska Boun- 
dary Controversy; Arbitrations, American; 
Canal Diplomacy; Clayton-Bulwer Treaty; 
Colonial International Relations; Decla- 
ration of Paris ; Diplomacy and Diplomatic 
Usage; Foreign Policy of the United 
States; Geneva Arbitration; Halifax Com- 
mission and Award; Impressment; Mare 
Clausum; Monroe Doctrine; Mosquito Ques- 
tion; McLeod Case; Navigation of Inter- 
national Rivers; Negotiation of Treaties 
by the United States; Neutrality, Prin- 
ciples of; Newfoundland Fisheries Dis- 
pute; Northeastern Boundary Controllers y; 
"Once an Englishman Always an English- 
man" ; Orders in Council ; Privateers ; Rati- 
fication of Treaties by the United States; 
Reciprocity Policy; Seal Fisheries; Three- 
Mile Limit; Trent Affair; War Power, 
Constitutional. 

References: A. B. Hart, Foundations of Am^ 
For. Policy (1901) ; J. B. Moore, Hist, of In- 
ternal. Arbitrations of the U. 8. (1898), Digest 
of Int. Law (1910), Am. Foreign Policy 
(1909) ; F. Snow, Treaties and Topics in Am. 
Diplomacy (1894); W. Wilson, Hist, of Am. 
People (1902) ; J. D. Richardson, Messages and 
Papers of the Presidents (1896) ; J. W. Foster, 
A Century of Am. Diplomacy (1900) ; M. Bern- 
ard, Neutrality of Great Britain (1870); W. 
E. Hall, International Law ( 1909 ) ; Histo- 
ricus, Leters to the London Times (1863); 
Treaties and Conventions of the U. S. A.; "For- 
eign Relations, 1789-1828" in American State 
Papers ( in progress ) . 

Theodore Salisbury Woolsey. 

GREAT COMMONER. A sobriquet of Henry 
Clay (see) given because of his "defence of 
popular rights and the indignant denunci 
ation of aristocratical tyranny." O. C. H. 

GREEK FEDERATIONS. The attempt to 
secure the advantages arising from numbers, 
without sacrificing wholly the independent 



GKEELEY, HORACE— GREENBACK LABOR PARTY 



action incident to sovereignty, early led to a 
form of government which occupies a position 
intermediate between a unitary state on the 
one hand and a mere league of states on the 
other. This kind of combination is of very 
ancient origin and is found in varying degrees 
of completeness. It was not the product of 
deliberate purpose, but the result, rather, of 
bitter experience. Better was it for several 
small states to give up part of their rights in 
order to retain the rest, than to hold fast to 
their individual powers and risk them all. 
Pressed by the larger states about them, the 
Greeks were forced into political union. In 
what order this form of mutual cooperation 
organized itself, and what are the dates of 
these confederate systems are not accurately 
known. The chief governments of Greece thus 
entering into relationship with each other 
were, in the order of their developement, the 
following: Thessaly, Boeotia, Acarnania, 
Olynthus, Arcadia, Aetolia, Achaea, and Lycia. 
Among these nations, it was Aetolia and 
Achaea which carried out the confederate idea 
most thoroughly and consistently. Lycia 
stands alone as an instance of "a very perfect 
Hellenic system evolved by a non-Hellenic 
race." 

The Aetolian assembly, like a modern par- 
liament, was a permanently representative 
body, in which, however, although the voting 
capacity of the states was fixed, every indi- 
vidual citizen of the league had the right to 
deliberate ' and to vote if he chose to attend. 
He voted with the councillor from his home 
state, the vote counting only one in determin- 
ing the decision of the state itself. The as- 
sembly may also have possessed executive 
authority and a certain amount of adminis- 
trative power. The assembly had one regular 
meeting each year for the election of magis- 
trates. Matters touching the exercise of sov- 
ereign powers were concluded at special meet- 
ings. A Strategos, or general, was also annu- 
ally elected, who possessed both civil and mili- 
tary powers and who commanded the forces in 
the field. The Nomographoi, whose duty con- 
sisted in revising the laws and in having the 
custody of public documents, completed the 
personnel of the league's officers. In the Achae- 
an League the constitution was formed strictly 
along the lines of a true confederation, the con- 
stituted states being sovereign in all matter 
which did not pertain to common purposes. 
The assembly met twice a year regularly, with 
special meetings as required. The League also 
had authority to levy contribution on the sev- 
eral members. The Strategos was assisted in 
his civil functions by ten ministers known as 
demiurgoi. 

See Confederation; Federal State; Sov- 
ereignty, Theory of; States, Classification 
of. 

References: T. D. Woolsey, Pol. Sci. (1889), 
II, 175-194; A. H. J. Greenidge, Handbook of 



Greek Constitutional Hist. (1896), 220-243; 
E. A. Freeman, Hist, of Federal Government 
(1893). Burt Estes Howard. 

GREELEY, HORACE. Horace Greeley 
(1811-1872) was born at Amherst, N. H., 
February 3, 1811. In 1834 he became editor 
of the New Yorker, a weekly literary paper, 
and in 1838 of the Jeffersonian, a political 
weekly published at Albany, N. Y. In 1840 
he took charge of the Log-Cabin, in which he 
supported Harrison. The next year he es- 
tablished, the daily New York Tribune, later 
adding the Weekly Tribune, formed by merg- 
ing the New Yorker and the Log- Cabin. After 
the formation of the Republican party, the 
Tribune became its leading organ ; and through 
its columns Greely, notwithstanding a feud 
with Thurlow Weed, long exercised a control- 
ling national influence. In the Republican na- 
tional convention of 1860 he opposed the nom- 
ination of Seward, and was slow to accept the 
leadership of Lincoln. In 1861 he sought the 
Republican nomination for the United States 
Senate, but was defeated; and in 1869 was 
unsuccessful as a candidate for comptroller of 
New York, and in 1870 as a candidate for 
Congress. In 1872 he was nominated for Presi- 
dent by the Liberal Republicans and Democrats, 
and received 2,834,079 votes out of a total of 
6,467,073. He died at Pleasantville, N. Y., 
November 29, 1872, before the electors had 
voted; and three votes case for him were re- 
jected by Congress. He wrote The American 
Conflict (1864-66). See Presidential Elec- 
tions; Republican Party. References: W. A. 
Linn, Horace Greeley ( 1903 ) ; W. Reid, Memor- 
ial of Horace Greeley (1873); Thurlow Weed, 
Autobiography (1884); J. F. Rhodes, History 
of the V. S. (1893-1905), II-VI. W. MacD. 

GREENBACK LABOR PARTY. In 1878 a 
national convention of the Greenback party, 
held at Toledo, Ohio, was attended by a num- 
ber of leaders interested in organized labor. 
The strikes and labor troubles of 1877, had 
emphasized industrial issues in which manu- 
facturing and railway labor was interested, 
and purely financial questions were not so 
prominent as they had been prior to 1876. 
Congress had decided to retain the greenbacks 
as part of the paper currency of the country, 
and partial remonetization of silver had been 
secured by the Bland-Allison Act of 1878. As 
questions of labor and capital, more than 
those of the currency, were attracting the at- 
tention of the country, the Toledo convention 
changed the name of the party to the Green- 
back Labor Party, by which it was known in 
the campaigns of 1880 and 1884. In the 
congressional elections of 1878, the party at- 
tracted the support of nearly a million voters 
in the rural sections of the West and among 
industrial workers in the East, and it elected 
fourteen members of Congress. In 1888 its 



100 



GREENBACK PARTY 



members, who had not returned to their old 
parties, merged with the Union Labor Party 
(see), and later with the Populists. See 
Gkeenback Party; Labor Parties; Legal 
Tender Controversy; Paper Money in Unit- 
ed States. References: J. A. Woodburn, Po- 
litical Parties and Party Problems (1903), 100- 
119; T. H. McKee, National Conventions and 
Platforms (1901). J. A. W. 

GREENBACK PARTY. The first national 
convention of the Greenback party, or "Inde- 
pendent National Party," was held in Indiana- 
polis, on May 18, 1876. Peter Cooper, of New 
York, the philanthropist, was nominated for 
President. The party had its origin in the 
financial legislation growing out of the Civil 
War. It was deemed necessary during that 
struggle to issue Treasury notes or greenbacks, 
as a means of securing money to conduct the 
war. This was done by the famous Legal 
Tender Act of February, 1862, and the notes 
were increased by later acts. After the war, 
Hugh McCulloch, Secretary of the Treasury, 
began the policy of contracting, or retiring, 
this currency with a view to restoring the busi- 
ness of the country to the specie basis. The 
policy of the Treasury was to convert the non- 
interest bearing greenbacks into interest bear- 
ing bonds and to substitute bank notes for the 
greenbacks in the paper currency of the coun- 
try. This policy aroused strong popular oppo- 
sition. This opposition, voiced in Congress 
by Republicans like Oliver P. Morton (see), 
Thaddeus Stevens (see), William D. Kelly and 
Benjamin F. Butler (see), and by Democrats 
like Pendleton, Hendricks, and Voorhees, made 
known to the country the cause that marks the 
beginning of the Greenback party. Its prin- 
ciples on money and paper currency had been 
announced in the platforms of the National 
Labor Union in 1866 and 1868, and by the 
Labor Reform party in 1872 (see Labor Par- 
ties). From 1867 there was a constant strug- 
gle, in and out of Congress, to save and to in- 
crease the greenbacks on the one hand, and, on 
the other hand, to destroy these notes and 
allow the notes of the national banks to take 
their place. The Greenbackers held that the 
latter policy would leave the currency of the 
country at the mercy of the banks; that the 
greenbacks should be looked upon, not as an 
obligation to be paid off or converted into 
bonds, but as good, lawful, constitutional 
money — the "people's money" — better than 
bank notes since they were circulating without 
interest burden to the Government and were 
secured by the same Government credit as the 
bank currency; that if they were to be re- 
garded as debt they were, in any case, the 
least burdensome of all the forms of the public 
indebtedness and they believed that the with- 
drawal of the greenbacks would not only crip- 
ple industry but add to the burden of all the 
debts of the people. The Greenbackers opposed 



101 



the payment of gold on bonds that by the 
terms of the contract were payable in "law- 
ful money," such as the greenbacks were; they 
held that gold payments on the bonds multi- 
plied profits to bankers and bondholders, and 
with the accompanying contraction would 
crush the life out of legitimate business and in- 
dustry. The panic of 1873 and the resulting 
hard times gave an impetus to popular discon- 
tent with the "hard money" policy and helped 
on the Greenback cause. The "soft money," or 
greenback, sentiment in Congress urged the 
indefinite postponement of specie resumption 
and the increase of the greenback currency, 
which resulted in the "Inflation Bill" of 1874, 
which Grant vetoed. 

The party had its chief strength in the West, 
in farming and debtor communities. In 1876 
its convention declared in favor of the im- 
mediate repeal of the specie resumption act, 
and in favor of United States notes issued di- 
rectly by the Government and convertible on de- 
mand into United States bonds bearing a rate 
of interest not to exceed 3.65 per cent, thus 
repeating the demand of the Labor Reform 
party of 1872. Such notes should be a legal 
tender for all debts except such as by exist- 
ing contracts were payable in coin. The Green- 
backers believed in "fiat money" only in the 
sense of believing that money is the creature 
of law, not of nature or of custom. They 
held that paper money, limited in supply, put 
forth by a financially responsible government 
with the unlimited power of taxation, made re- 
ceivable for all debts public and private with- 
out exception — that such a money would be the 
best and most rational that could be devised. 

The party cast 81,000 votes for Cooper in 
1876. In 1880 having changed its name to the 
Greenback Labor Party (see) it nominated 
James B. Weaver, of Iowa, for President. In 
this campaign the party advanced new pro- 
posals on industrial questions, in the interest 
of labor — for an eight-hour law; for inspection 
of mines, factories and workshops; against gi- 
gantic land grants to railroads and corpora- 
tions; for the regulation of interstate com- 
merce; for a graduated income tax — and they 
denounced all tendencies toward depriving the 
people of direct power over their government. 
In 1884 the party cast 183,824 votes for Ben- 
jamin F. Butler, of Massachusetts for President 
and in its platform it claimed to be the chief 
agency in saving the greenback from destruc- 
tion, in causing the partial remonetization of 
silver in 1878, and in securing from the United 
States Supreme Court a decision (1884) "es- 
tablishing forever the right of the people to 
issue their own money." In 1888 the independ- 
ent Greenbackers merged with the labor parties 
of that year and their party passed into history. 

See Labor Parties; Legal Tender Contro- 
versy; Paper Money in United States. 

References: J. A. Woodburn, Political Par- 
ties and Parti/ Problems (1905) ; E. Stanwood, 



GREENBACKS— GUAM 



Hist, of the Presidency (1898) ; J. C. Zanchos, 
Ed., Political and Financial Opinions of Peter 
Cooper (1877). J. A. Woodbubn. 

GREENBACKS. Name applied to the legal 
tender notes issued under the act of 1863, so 
designated on account of the color of the notes 
on the reverse side. Inflationists who desired 
to increase the volume of Government paper 
money later organized in the Greenback Labor 
party. See Legal Tendeb Contbovebsy; 
Papee Money in the United States; Teeas- 
uey Notes. D. R. D. 

GRESHAM'S LAW. A principle which is 
commonly stated in the phrase "bad money 
drives out good." When coin is worth more 
as bullion than it is as currency, it is natu- 
rally exported, hoarded or used, as bul- 
lion might be. This general principle is 
operative even where the same metal is 
concerned, and not two metals; for example, 
exporters of coin select the full weight ones 
for exportation and leave those which by wear 
have fallen below weight. The law receives its 
name from Sir Thomas Gresham who is said 
to have explained the principle to Queen Eliza- 
beth. The principle, however, had long been 
recognized. See Bimetallism; Coinage; 
Money. References: J. F. Johnson, Money and 
Currency (1905), 194-6; H. White, Money and 
Banking (4th ed., 1911), 25. A. C. McL. 

GRINGO. A term of contempt, applied to 
Anglo-Saxons by Spanish-Americans. 

T. N. H. 

GROTIUS, POLITICAL THEORIES OF. See 

Political Theoeies of Continental Publi- 
cists. 

GROUND RENTS. See Rent; Tax, Single; 
Uneabned Incbement. 

GUADALUPE HIDALGO, TREATY OF. 

The treaty terminating the war between the 
United States and Mexico, signed in the City 
of Mexico Feb. 2, 1848, ratified by the Senate 
March 10, 1848. The negotiation of this treaty 
was one of the most curious episodes in the 
diplomatic history of the United States. N. P. 
Trist, Chief Clerk of the State Department (at 
that time there were no Assistant Secretaries 
of State) was made commissioner, with in- 
structions to insist on the Rio Grande bounda- 
ry, New Mexico and California. Arriving at 
the American lines, General Scott refused to 
facilitate his communications with the Mexi- 
can Government; when he came into relation 
by other routes, his terms were refused. His 
recall was sent from Washington, but he 
ignored this communication and proceeded to 
make a treaty substantially on the basis of 
his instructions. Meanwhile in Washington 
the annexation of the whole of Mexico was 



put forward and received powerful support. 
President Polk was furious at Trist's insubor- 
dination; but accepted the treaty because sub- 
stantially in accordance with his instructions 
and promises to the public. The treaty in- 
volved the payment of $15,000,000, apparently 
as an inducement to Mexican diplomats. See 

BOUNDABIES OF THE U. S., InTEEIOE; GADSDEN 

Puechase; Mexico, Diplomatic Relations 
with; Negotiations of Teeaties by the 
United States; Peace, Conclusion of; Texas. 
References: Jesse Reeves, Am. Diplomacy under 
Tyler and Polk (1907), ch. xiii; E. G. Bourne, 
Essays in Historical Criticism (1901), No. 9; 
J. B. Moore, Digest of Int. Law (1906), I. 458, 
639, 730, V, 780. A. B. H. 

GUAM. Guam, the largest of the Mariana 
or Ladrone Islands, was ceded to the United 
States by Spain in 1898. Situated about 1,450 
miles east of Manila, it is the only island in 
that part of the Pacific which possesses both 
a good harbor and a constant supply of drink- 
ing water. It has a naval station and an im- 
portant cable depot. It is about 32 miles long 
by 6 or 7 wide, has a tropical vegetation and 
an equable climate but is subject to typhoons 
and earthquakes. The population is 12,517 
(1912) all but about 370 natives; these are of 
a mixed Indonesian stock, with a civilization 
similar to that of the Filipinos. The capital, 
Agafia, has 8,000 inhabitants, which include 
nearly all the white population. 

The status of Guam has never been fixed by 
Congress: by order of the President it is con- 
trolled by the Navy Department. The governor, 
who is also commandant of the naval station, 
has "practically the power of a benevolent des- 
pot over an absolutely helpless people." He is 
assisted by American and native officials. 
There are three grades of courts, most of the 
judges being natives. All expenses, except for 
naval station affairs, must be met from island 
revenues, especially from excise and land taxes 
which are levied by the governor, and from 
customs, the rates of which are distinct from 
the general tariff of the United States, being 
determined by the Secretary of the Navy under 
the authority of the President. 

The American Government has built roads 
and bridges, dredged the harbor, set buoys, 
introduced the United States currency, and 
abolished peonage. It has brought pure 
drinking water into Agafia, enforced sanitary 
regulations, vaccinated the whole people, seg- 
regated lepers, trained midwives, and estab- 
lished hospitals. This has made Agafia one of 
the healthiest cities in the tropics, and greatly 
reduced the death rate throughout the island. 
A school system has been established, with 
compulsory attendance in the lower grades, 
and with optional normal, agricultural and 
night classes. English, the official language, 
is widely understood. Army transports stop 
once a month on their way out from San Fran- 



102 



GUANO ISLANDS— GUERRILLAS 



cisco to Manila, and now carry merchandise at 
reasonable rates. The natives, however, wish 
some share in the government, and point out 
that Spain formerly paid 80 per cent of admin- 
istrative expenses from its home treasury and 
subsidized a line of bimonthly merchant steam- 
ers. See Annexations to United States ; De- 
pendencies of the United States. References: 
G. L. Dyer, in Lake Mohonk Conference of 
Dependent Peoples, Report, 1910, 154-167; C. 
H. Forbes-Lindsay, America's Insular Posses- 
sions (1906), I, chs. vi-viii; J. Wheeler, Re- 
port on the Island of Guam (1900). 

George H. Blakeslee. 

GUANO ISLANDS. The Guano islands of the 

United States are small, uninhabited islets over 
which the Government extends its jurisdiction 
in order "to benefit American agriculture by 
promoting the supply of guano at a reasonable 
price." Practically all legislation regarding 
them is found in the act of Congress of Aug. 
18, 1856, the leading section of which reads: 
"Whenever any citizen of the United States 
discovers a deposit of guano on any island, 
rock, or key, not within the lawful jurisdiction 
of any other government, and not occupied by 
the citizens of any other government, and 
takes peaceable possession thereof, and occu- 
pies the same, such island, rock, or key may, 
at the discretion of the President, be considered 
as appertaining to the United States." The 
discoverer is given exclusive right to occupy 
the island and to dispose of the guano, but must 
give bond to sell it within the United States 
and at prices fixed by the Government. All 
offenses and crimes committed on, or in the 
waters adjacent to, a guano island are deemed 
by law to have taken place on board an Ameri- 
can merchant ship on the high seas, and are 
punished accordingly. The President is au- 
thorized to employ the land and naval forces 
to protect American rights over the guano 
islands, but the Government does not consider 
itself bound to retain possession of them after 
the guano has been removed. Much doubt ex- 
ists in regard to the present status of many 
of them. Nov. 28, 1894, the Secretary of the 
Treasury sent to the Department of State a 
list of guano islands which had been legally 
bonded, about 75 in number, and asked that 
the list be revised so as to include only islands 
which were then considered as appertaining to 
the United States. This request the Depart- 
ment of State refused to grant on the ground 
that it would be required to pass on the 
rights of a large number of private persons, 
which it preferred not to do. Some of the 
guano islands are in the Caribbean Sea but 
the great majority lie scattered throughout 
the Pacific. See Annexations to the United 
States; Dependencies of the United 
States; Territory, Acquired, Status of. 
Reference: J. B. Moore, Digest of International 
Law (1906), I, 556-580. G. H. B. 



103 



GUATEMALA. Guatemala included origin- 
ally all of Central America with Chiapas and 
Yucatan. It declared independence from Spain 
in 1821, was attached to the Mexican Empire 
in 1822, but withdrew to form the Central 
American Federation in 1824, when the con- 
stitution was proclaimed. Lying between lati- 
tude 13° 45' and 17° 50' north, and longitude 
88° 15' and 92° 12' west (Greenwich), the area 
is 48,290 square miles, the population practical- 
ly 2,000,000, about 30 to the square mile. 
Legislation is by the national assembly, uni- 
cameral, one delegate for every 20,000 inhabi- 
tants, elected by direct vote for four year 
terms. A permanent committee of seven acts 
during recess. The president is elected by 
direct vote for six years (March 15, 1911) ; 
there is no vice-president, but designados ap- 
pointed by Congress take his place when neces- 
sary. The cabinet consists of six secretaries: 
foreign affairs; government and justice; treas- 
ury and public credit; war; public instruction; 
and promotion (Fomento) . The judiciary is 
composed of a supreme court of five and a 
court of appeal of three, all elected by direct 
vote. The republic is divided into twenty-one 
departments, Guatemala City being the capital. 
State religion is Roman Catholic. References: 
J. I. Rodriguez, Am. Constitutions (1905), I, 
235-258; Pan American Union, Publications. 

A. H. 

GUERRILLAS. Partisans engaged in petty 
warfare have been called guerrillas in English 
ever since the Peninsular war. The term was 
made familiar to Americans by the Mexican 
War, where both sides employed and executed 
guerrillas in turn. In 1861 the Confederate 
War Department declined to license men who 
proposed to fight under no orders and support 
themselves by plunder, on the ground that they 
would be outlaws; but the "partisan rangers" 
recruited under an act of Congress in 1862 were 
little better, though their officers held commis- 
sions. In the Southwest, where they operated 
behind the lines of the Union armies and were 
alternately citizens and soldiers in border war- 
fare, it was not the practice to treat them as 
prisoners of war. Lincoln's reluctance to ap- 
prove sentences of death led certain federal 
generals to order the extirpation instead of the 
capture of guerrillas ; and his warning against 
the employment of local militia to expel par- 
tisans, "because, under pretense of doing this, 
they become murderers and marauders them- 
selves," was not regarded in Missouri. 

Districts in Virginia were laid waste in 
1864 on the ground that the activity of guer- 
rillas in any region involved the "total destruc- 
tion of private rights" therein; and similar 
action was taken in South Africa in 1900. 
Nevertheless, the risk of retaliation usually 
secured for guerrillas the privilege of exchange 
when captured during the Civil War. Lee and 
other southern generals found that the dis- 



GUIANAS— GUNBOAT SYSTEM 



cipline of regular forces was injured by the 
example of the partisans and urged the repeal 
of the act under which the irregular forces 
were enrolled. 

The code of the Hague Conference of 1907 
allows guerrillas belligerent rights, provided 
they fight openly and observe the laws of war, 
even when attacking the enemy's communica- 
tions ; but unless they belong to a levee en masse 
confronting an invader, a regular organization 
and a distinctive badge or uniform are also 
required. These rules are less severe than 
the practice followed throughout the wars of 
the nineteenth century. 

See Bushwhacker; Martial Law; Mili- 
tary Commissions; Military Law; Militia; 
War, Carrying on of. 

References: J. D. Cox, Military Reminiscen- 
ces (1900), I, 219, 420-424; J. S. Mosby, Rem- 
iniscences (1887), 26, 41, 100, 157; F. Lieber, 
Misc. Works (1881), II, 262-264, 277-292; J. 
G. Nicolay and J. Hay, Lincoln (1890), VI, 
374, 378; J. M. Spaight, War Rights on Land 
(1911), 62, 64, 326, 331, 338; P. C. Standing, 
Guerilla Leaders (1913) ; War Department, 
Official Records (1880-1901), Ser. I, XII, Pt. 

III, 75, 127, 169, 474; XIII, 12, 402, 446, 835; 
XLIII, Pt. II, 1025 1088; ibid., Ser. I, II, 

IV, V, VII, VIII. C. G. Calkins. 

GUIANAS. Three dependencies of European 
powers, and the only area of South America 
not entirely self-governing, situated at the 
northeast section of that continent, between 
Venezuela and Brazil. These possessions are 
known as British, Dutch, and French Guiana. 
British Guiana, the westermost, has an area 
of 90,277 square miles, and a population of ap- 



proximately 305,000, including about 125,000 
Africans and 105,000 East Indians. The capi- 
tal is the seaport Georgetown, with nearly 
55,000 inhabitants. The executive officer of 
Great Britain is a governor; he has a govern- 
ment secretary, and is assisted by a court of 
policy of seven official and eight elected mem- 
bers; also by a combined court that includes 
an additional six elected financial representa- 
tives; there is likewise an executive council. 
Dutch Guiana or Surinam, the central, has an 
area of 46,060 square miles, and a population 
of nearly 85,000. The capital is the seaport 
Paramaribo, with 35,000 inhabitants. The ex- 
ecutive officer of Holland is a governor; he is 
assisted by a vice-president and three mem- 
bers, all nominated by the Queen. Local self- 
government prevails within the colony. French 
Guiana, the easternmost, has an area of about 
30,500 square miles, and a population of 40,000. 
The capital is the seaport Cayenne, population 
13,000. The executive officer of France is a 
governor; he is assisted by a privy-council of 
five members. The colony (the capital and 
fourteen communes) has a council-general of 
sixteen members and a deputy in the French 
parliament. French Guiana has a penal set- 
tlement for habitual criminals and convicts 
sentenced to hard labor. Reference: States- 
man's Year Book. A. H. 

GUNBOAT SYSTEM. A system, inaugurat- 
ed during Jefferson's administration, of build- 
ing gunboats to be manned by the seamen of 
the towns for the defense of the principal 
harbors. It was opposed by the Federalists 
who favored a strong Navy. See Jeffersonian 
Democracy. O. C. H. 



104 



HABEAS CORPUS 



H 



HABEAS CORPUS 



Nature of the Writ. — A well known pro- 
cedure by the law of England, which is fully 
recognized in the United States for determining 
the lawfulness of the imprisonment or deten- 
tion of any person and to release such person 
from such imprisonment or detention if found 
to be unlawful, is commenced by the issuance 
of a writ by a court or judge to an officer or 
other person charged with unlawfully restrain- 
ing another of his liberty under some pretence 
of authority. The command or direction in 
the writ is that the person to whom it is direct- 
ed shall produce the body of the person de- 
tained at a specified time and place and state 
the day and cause of the taking and detention 
of such person, and the writ is named habeas 
Gorpus because those words were used in the 
form of writ, originally in Latin, usually em- 
ployed. In some other writs the same words 
were used but the writ now generally under- 
stood by this appellation is the one which was 
in fuller description known as habeas corpus 
ad subjiciendum et recipiendum, which, in 
brief, commanded the person to whom it was 
addressed to have the body of the person 
alleged to be unlawfully detained before the 
court or judge at a specified time and place 
and submit to there receiving the judgment 
of the court or judge as to the further disposi- 
tion of such person. This writ is called by 
Blackstone in his Commventaries the most cele- 
brated writ in the English law, and the pro- 
ceeding under it is uniformly esteemed not 
only in England but also in the United States 
as the most important safeguard of personal 
liberty. It affords a summary method of in- 
vestigating the lawfulness of the detention of 
a person under any form of pretended au- 
thority and affords the remedy of immediate 
release if the detention is found to be un- 
lawful. 

History. — Some form of legal procedure to 
determine the lawfulness of imprisonment un- 
der pretended authority was known in the 
Roman law; but the procedure by writ of 
habeas corpus became notable in England as a 
remedy against arrest or imprisonment other- 
wise than by the law of the land as prohibited 
in Magna Charta. Attempts on the part of 
the Crown to coerce or punish subjects other- 
wise than in the due course of legal procedure, 



part of the King and those acting under his 
direction over the authority of the courts, was 
the subject of protest from time to time, 
especially during the reign of Charles I (1625- 
1649), and finally, during the reign of Charles 
II, the famous Habeas Corpus Act was passed 
by Parliament (1679), which, while it declared 
no new principle of constitutional law, pro- 
vided a more effective remedy for the violation 
of the recognized guaranties of personal lib- 
erty. The provisions which made the remedy 
particularly effective were those authorizing 
the issuance of the writ by and the hearing 
of the case before any judge, without regard 
to terms of court, and the imposition of severe 
penalties on any judge who refused without 
good cause to entertain such proceeding, and 
upon any officer or other person who failed to 
comply with the order releasing the prisoner, 
if such order should be made. The constitu- 
tional characteristic, however, was that no 
order or authority of the Crown could be re- 
lied upon as superior to the authority and 
order of the court or judge. Although this 
habeas corpus act was not by any general pro- 
vision made applicable to the colonies, the pro- 
cedure by habeas corpus was recognized in them 
as a part of the common law of England and in 
all the states of th^ United States it has been 
adopted and preserved as an important method 
of procedure. 

Constitutional Provisions. — The necessity of 
war may require that, for the time being, the 
civil power represented by the courts shall be 
superseded by the military power exercised 
by the executive department of government and 
the result of the declaration of martial law 
on proper occasion is to suspend the power 
of civil courts and judges within the territory 
in which martial law is declared. Such suspen- 
sion necessarily involves the suspension of the 
right to proceed by habeas corpus to determine 
the validity of acts done under military au- 
thority. But it is provided in the Federal Con- 
stitution (Art. I, Sec. ix, ^ 2) that the privi- 
lege of the writ "shall not be suspended unless 
when in cases of rebellion or invasion the pub- 
lic safety may require it." This provision is 
regarded as a prohibition on the suspension of 
the writ by the President without authority 
of Congress. In the state constitutions are 



involving an assertion of a superiority on the found various provisions recognizing the pro- 

105 



HABITATION TAX— HAGUE CONFERENCES 



cedure by habeas corpus as an essential protec- 
tion against the unlawful exercise of authority 
infringing the personal liberty of the subject. 

Procedure. — As a recognized legal remedy, 
resort to the proceeding by habeas corpus may 
be had where a person is imprisoned under pre- 
tended legal authority which in fact for any 
reason is absolutely void, as where the warrant 
of arrest or commitment is substantially in- 
sufficient or the proceedings under which the 
warrant was issued are without legal authority. 
If bail is refused in case of arrest for an of- 
fense which is by law bailable {see Bail) a 
court or judge in habeas corpus proceedings 
may require sufficient bail to be accepted. In 
some states the sufficiency of the evidence on 
a preliminary examination of commitment may 
be reviewed in such proceeding; but it is not 
available as a method of reviewing the action 
of a court having jurisdiction to try and pun- 
ish, a sufficient answer to the writ being that 
the person is held under a lawful order or 
judgment of a court. Quite aside from its 
constitutional functions the writ of habeas 
corpus is usually available to determine the 
right to the custody of an infant or other per- 
son under legal disability. 

In Federal Courts. — A state court or judge 
can not inquire by habeas corpus into the 
validity of arrest or detention of a person 
under federal authority. The right to redress 
in such cases, if any, must be sought in the 
federal courts. But on the other hand, federal 
courts and judges may inquire into the cause 
of the restraint of liberty of any person by a 
state when the justification of federal authority 
or immunity is set up for the act complained 
of. Federal courts and judges will not, how- 
ever, in the exercise of their discretion, grant 
the writ as against state action where the per- 
son restrained has adequate redress or protec- 
tion against the infringement of alleged rights 
or privileges under the Federal Constitution in 
the regular course of legal procedure until re- 
sort to such regular procedure has proved un- 
availing. 

References: W. S. Church, Writ of Habeas 
Corpus (1886) ; R. C. Hurd, Right of Personal 
Liberty and Writ of Habeas Corpus (1858) ; 
T. C. Spelling, Extraordinary Remedies (2d 
ed., 1901), II, 977-1165; T. M. Cooley, Con- 
stitutional Limitations ( 7th ed., 1903 ) , 483- 
497. As to conflicting state and federal juris- 
diction, see Tarble's Case (1871), 13 Wallace 
397; In re Neagle (1889), 135 U.S.I; Whitten 
vs. Tomlinson (1895), 160 U. S. 231; S. D. 
Thompson, "Abuses of the Writ of Habeas 
Corpus" in Am. Bar Ass'n, Reports, VI (1883), 
243; J. L. Bishop, "Jurisdiction of State and 
Federal Courts over Federal Officers" in Colum- 
bia Law Review, IX (1909), 397. 

Emlin McClain. 



HABITATION TAX. See Tax, Habita- 
tion. 



HAGUE CONFERENCES. First Call (1898). 

— The Hague peace conferences are diplomatic 
assemblies which met in the years 1899 and 
1907. The first was composed of official repre- 
sentatives of twenty-six states, the second of 
official representatives of forty-four states. 
The first conference was due to the initiative 
of the Czar of Russia who issued the call for 
it in a circular letter dated August 12-24, 
1898. The nature and purpose of the confer- 
ence, as outlined in the first paragraph of the 
letter, was "the maintenance of general peace, 
and a possible reduction of the excessive arma- 
ments which weigh upon all nations, present 
themselves in the existing condition of the 
whole world as the ideal towards which the 
endeavors of all Governments should be 
directed." In a second circular issued Decem- 
ber 30 — January 11, 1898, the Czar broadened 
the scope of the proposed conference by includ- 
ing in the programme the consideration of an 
agreement respecting the employment of good 
offices, mediation and arbitration in interna- 
tional relations. 

First Conference, 1899. — The conference met 
at the Hague May 18 and adjourned on July 
29, 1899. It raised good offices and mediation 
to the rank of international institutions, pro- 
vided for international commissions of inquiry 
to investigate disputed facts, created a per- 
manent panel of judges from which temporary 
tribunals could be formed for the arbitration 
of disputes, and codified arbitral procedure. 
In addition, it adopted a convention regulating 
land warfare and applied the principles of the 
Red Cross Convention to naval warfare. It 
failed, however, to reach an agreement regard- 
ing the reduction or limitation of armaments, 
which had been the primary object in assem- 
bling the conference, although it recommended 
that this question be the subject of further 
study. 

Second Conference, 1907. — Upon the initia- 
tive of President Roosevelt, in response to the 
request of the Interparliamentary Union, steps 
were taken for a second conference, and in 
1906 the Russian Government issued a formal 
call. Invitations were extended to all the 
American states as well as the other states 
composing the society of nations. The Confer- 
ence opened on June 15 and closed on October 
18, 1907. The conventions of the first confer- 
ence were revised in the light of experience and 
a large number of additional conventions were 
agreed upon, the most important of which re- 
late to the limitation of force in the recovery 
of contract debts; the laying of mines; the 
adaptation to naval war of the Geneva Con- 
vention; the creation of an International Prize 
Court, and the codification of the rights and 
duties of neutral powers in naval war. A 
project presented by the American delegation 
for the establishment of a truly permanent 
court of arbitration (the Court of Arbitral 
Justice) was accepted in principle, leaving the 



106 



HAGUE TRIBUNAL 



method of appointment of its judges to subse- 
quent diplomatic agreement. Moreover, the 
conference recommended that a third conference 
should be called, which is expected to meet 
approximately in 1915. 

Proceedings. — The Hague Conferences are dip- 
lomatic assemblies; they are not, in any sense 
of the word, a parliament. Each state has one 
vote irrespective of the number of its delegates. 
Effective majorities do not exist; they are only 
important as showing the degree of favor with 
which a project is received. Unanimity is re- 
quired for the adoption of a proposal, because 
a sovereign state cannot be coerced. Each dele- 
gate acts under instructions from his govern- 
ment, and secures its approval in advance of 
final action, so that the projects approved by 
the conference are likely to be ratified by 
the participating states. Each separate con- 
vention is signed by the delegates in the al- 
phabetical order of the French names of their 
countries, and in the same order, the delegates 
are seated and the votes taken. 

A state may approve a convention as a whole, 
while objecting to certain articles. These arti- 
cles may be excluded by a reservation in the 
signature of the convention. The conventions, 
declarations, resolutions, and recommendations 
are arranged in appropriate order in what is 
called the Final Act which is a statement of 
the call, meeting, and results of the conference 
and which is signed by the delegates. The 
separate conventions, declarations, etc., are 
attached to the Final Act and with it constitute 
the positive work of the conference. The 
language of the conference is French, although 
any other language may be used, but if so, it 
is interpreted into French for the benefit of 
the members. The minutes of the meeting, 
called proces-verbauoc, are drawn up day by 
day and are submitted to the members for 
correction; they include the draft projects as 
well as the summary of the addresses delivered 
and the votes of the states. 

See Arbitration and Peace ; Disarmament ; 
Foreign Policy of the United States; 
Hague Tribunal; International Law, Prin- 
ciples of ; Maritime War ; Monroe Doctrine ; 
States, Equality of; War, International 
Relations in. 

References : A. P. Higgins, Hague Peace Con- 
ferences (1909) ; F. W. Holls, Peace Confer- 
ence at The Hague (1900) ; J. B. Scott, Hague 
Peace Conferences of 1899 and 1901 (1909); 
W. I. Hull, The Two Hague Conferences 
(1908). James Brown Scott. 

HAGUE TRIBUNAL. The Permanent Court 
of Arbitration at The Hague was created by 
the First Peace Conference of 1899 (see Hague 
Conferences). During the nineteenth centu- 
ry, international arbitration had become a 
favorite method of settling international dis- 
putes, but no fixed tribunal or method of pro- 
cedure had as yet been devised. As a result 



of The Hague Conference of 1899, however, an 
international court of arbitration was finally 
established. Article 20 of the Convention for 
the Pacific Settlement of International Dis- 
putes provides for the so-called Permanent 
Court. In the absence of a special agreement 
as to the selection of judges, Article 24 of the 
Convention provides that each party shall ap- 
point two arbitrators who, together, shall 
choose an umpire. The permanent panel from 
which the five members must be chosen consists 
of members appointed, to the number of not 
more than four, by each country signatory of 
the Convention. The Hague Conference of 
1907, among other modifications of the Conven- 
tion adopted in 1899, provides that only one 
of the two arbitrators selected by each party 
can be chosen from among the persons appoint- 
ed by it as members of the court. The ma- 
jority of the court will thus be neutral to 
the dispute. It is also provided that an In- 
ternational Bureau be established as the record 
office and channel of communication of the 
court. 

Articles 30-57 constitute a code of arbitral 
procedure, unless the parties adopt other rules. 
Provision is made for a Special Agreement 
(compromis) defining the question at issue and 
the powers of the arbitrators. The states in 
controversy are represented before the tribunal 
by special agents who present the cases of their 
respective governments through the medium of 
counsel. The award is prepared in private by 
the court, read in public, and definitely settles 
the dispute. A reservation, however, may be 
made in the comproims of a right to demand a 
revision of the award. The Convention (Arti- 
cles 9-14) also provides for a Commission of 
Inquiry to investigate disputed questions of 
fact. 

The following is a list of cases tried before 
the courts institutes at The Hague in ac- 
cordance with the Convention: (1) United 
States — Mexico, Pious Fund Case (1902) ; 

(2) Germany, Great Britain, and France — 
Japan, Japanese House Tax Case (1902) ; 

(3) Germany, Great Britain and Italy — Vene- 
zuela, Preferential Treatment case (1903) ; 

(4) France — Germany, Muscat case (1904); 
5) France — Germany, Casablanca case (1908) ; 

(6) Norway — Sweden, Maritime Boundary 
case (1908); (7) United States— Great Brit- 
ain, North Atlantic Coast Fisheries case 
(1910); (8) United States— Venezuela, Ori- 
noca Steamship Company case (1910) ; (9) 
Great Britain — France, Savarkar case (1911) ; 

(10) Italy— Peru, Canevaro case (1912); 

(11) Russia — Turkey, interest on indemnity 
of 1879 (1912); (12) Italy— France, "Car- 
thage" and "Manouba" cases (1913). 

See Arbitration and Peace; Hague Con- 
ferences; Judiciary and Judicial Reform; 
Jurisprudence. 

References: J. B. Scott, Hague Peace Confer- 
ences of 1899 and 1901 (1909), I, 274-318, 



56 



107 



HALF-BREEDS— HAMLIN, HANNIBAL 



texts in Peace Conference ut The Hague 
(1910) ; J. L. Tryon, "The Hague Peace System 
in Operation" in Yale Law Journal, November, 
1911; F. W. Holls, Peace Conference at The 
Hague (1900), 233-305; L. Oppenheim, Int. 
Law (1912), 437-442; Lake Mohonk Confer- 
ence on International Arbitration, Proceedings, 
1910; H. H. Lammascli, in Am. Jour, of Inter- 
national Law, Jan., 1910. 

James Brown Scott. 

HALF-BREEDS. The name given to one of 
the Republican factions in New York in Gar- 
field's administration (1881). They opposed 
the nomination of Grant for a third term even 
before Garfield's election, and became the ad- 
ministration Republicans after the election. 
See Republican Party; Stalwarts. Refer- 
ences: E. E. Sparks National Development 
(1907), 182-187; T. V. Cooper, Am. Polities 
(1882), I. 253. T. N. H. 

HALIFAX COMMISSION AND AWARD, 
1875-77. To execute the agreement to arbi- 
trate the compensation due under Article 
XVIII of the treaty of 1871 (see Alabama 
Controversy) provision was made in Article 
XXIII for appointment of a mixed commission 
of three members — one chosen by the President, 
one by the Queen of England and a third by 
the President and Queen conjointly, or (after 
a limited period) by the Austrian minister at 
London. 

In April, 1875, after several postponements, 
Sir Edward Thornton resumed arbitration pro- 
ceedings by proposing steps toward appoint- 
ment of the third member. Secretary Fish, 
disclaiming blame for delay, interposed no ob- 
stacle. In March, 1877, the Austrian ambassa- 
dor at London selected Delfosse, the Belgian 
minister at Washington, to whose appointment 
Fish had objected in 1873. Alex. T. Gait was 
the British commissioner and Ensign H. Kel- 
logg the American. 

The commission met at Halifax, June 15, 
1877, Delfosse presiding. On November 23 
Gait and Delfosse, without concurrence of 
Kellogg — and without record of steps or com- 
putations antecedent to their decision — an- 
nounced an award of $5,500,000 against the 
United States for fishing privileges for twelve 
years. According to Sparks, "It was gen- 
erally suspected that the large sum was due 
in part to the fact that of the $15,000,000 
awarded to the United States against England 
for damages inflicted by Confederate cruisers 
more than two-fifths remained in the United 
States Treasury in 1874 awaiting claimants, 
and a second court had to be established in 
1882 to get rid of it." 

See Fisheries, International; Great 
Britain, Diplomatic Relations With. 

References: J. G. Blaine, Twenty Years of 
Congress (1886), II, 623; C. Cushing, Treaty 
Of Washington (1873), ch. ii; C. B. Elliott, £7. 



8. and Northeastern Fisheries (1887), 79-89; 
J. B. Moore, Int. Arbitrations (1898), I, 703- 
53; House Reports, 46 Cong., 3 Sess., No. 329, 
(1881) ; Sen. Exec. Docs., 45 Cong., 2 Sess., 
No. 44 (March 21, 1878) ; E. E. Sparks, Nat. 
Development (1907), 147-149. 

J. M. Callahan. 

HAMILTON, ALEXANDER. Alexander 
Hamilton (1757-1804) was born in the island 
of Nevis, West Indies, January 1, 1757. In 
1772 he went to New York, where he soon at- 
tracted attention by writing and speaking for 
the patriot cause. He entered the American 
Army in 1776, was appointed one of Washing- 
ton's aides, and served until 1781, when a trivi- 
al difference with Washington led to his resig- 
nation. In 1782 he was admitted to the bar, 
and presently became a leader in New York 
politics, being throughout most of his subse- 
quent career the moving spirit of the party 
opposed to Clinton, Livingston and Burr. He 
was a member of the Federal Convention of 
1787, and subsequently, in cooperation with 
Jay and Madison, set forth in the Federalist 
the greatest contemporary exposition of the 
Constitution : and he later secured the ratifica- 
tion of the Constitution by- New York. As 
Secretary of the Treasury, 1789-1795, he won 
undisputed place among the great financiers 
and statesmen of the world. To him were due 
the funding of the national debt, the assump- 
tion of the state debts, the establishment of 
the first Bank of the United States, the in- 
auguration of an excise system, and the passage 
of a coinage act. In his opinion on the consti- 
tutionality of a national bank (1791), he elab- 
orated the theory of broad or loose construc- 
tion and implied powers, to which Marshall, 
later gave judicial sanction; while his Report 
on Manufactures (1792) is the ablest presen- 
tation by any American statesman of the early 
theory of protection to young industries. As 
the intellectual leader of the Federalists and 
trusted adviser of Washington, he incurred the 
bitter emnity of Jefferson, and later broke 
with Adams; but although his political views 
rested upon broad conceptions of popular wel- 
fare, he was the leader of the classes, not of 
the masses. He died July 12, 1804, following 
a duel with Aaron Burr. See Federalist 
Party; Popular Government; Treasury De- 
partment. References: Alexander Hamilton, 
Works (ed. by H. C. Lodge, 1885-86); J. C. 
Hamilton, Life of Alexander Hamilton (1834) ; 
S. M. Schmucker, Life and Times of Alexander 
Hamilton ( 1856 ) ; J. T. Morse, Jr., Life of 
Alexander Hamilton (1876) ; H. C. Lodge, 
Alexander Hamilton (rev. ed., 1898). 

W. MacD. 

HAMLIN, HANNIBAL. Hannibal Hamlin 
(1809-1891), Vice-President of the United 
States with Lincoln, was born at Paris Hill, 
Maine, August 27, 1809. In 1833 he was ad- 



108 



HAMPTON ROADS CONFERENCE— HANSEATIC LEAGUE 



mitted to the bar, and was soon active in 
Democratic politics. From 1836 to 1840 he 
was a member of the state house of representa- 
tives, being speaker in 1837, 1839, and 1840. 
In 1843 he was elected to Congress, where he 
served two terms, and in 1848 was elected to 
the Senate. In January, 1857, he resigned his 
seat to become governor of Maine; but on the 
sixteenth of the month he was again elected 
Senator, and on February 20 resigned the gov- 
ernorship. At the Republican national con- 
vention of 1860 he was nominated for Vice- 
President, and resigned his seat in the Senate 
to accept the office. In 1864 he was again a 
candidate for Vice-President, and received 150 
votes on the first ballot; but on the final vote 
his supporters voted for Andrew Johnson. In 

1868 he offered himself again and received 
votes on four out of the five ballots. From 

1869 to 1881 he was once more Senator, and 
from 1881 to 1883 was minister to Spain. He 
died at Bangor, Maine, July 4, 1891. See 
Republican Pakty; Vice-President. Refer- 
ences: C. E. Hamlin, Life and Times of 
Hannibal Hamlin (1899) ; H. Wilson, Rise 
and Fall of the Slave Poioer (1872-77). 

W. MacD. 

HAMPTON ROADS CONFERENCE. This 
friendly, informal conference, resulting from 
the demands within the dying Confederacy for 
peace negotiations with the government at 
Washington, and following two preliminary 
unofficial interviews between Jefferson Davis 
and Francis P. Blair, was held on the U. S. 
steamer River Queen in Hampton Roads in 
February, 1865, between Lincoln and Seward, 
and three Confederate commissioners (Hunter, 
Campbell and Stephens), appointed by Davis 
to confer "upon the issues of the war and for 
the purpose of securing peace." Lincoln care- 
fully avoided any terms or proposals possibly 
interpretable as recognition of the Confederacy 
as a separate power. The speedy collapse of 
the Confederate Government left the conference 
only an expression of opinion. See Confed- 
erate States; Stephens, Alexander H.; 
Lincoln, Abraham. References: J. F. Rhodes, 
History of the U. S., V (1908), 57-73; A. 
H. Stephens, War Between the States (1870), 
II, 589-623; Nicolay and Hay, Lincoln (1890), 
chs. v, vi. J. M. C. 

HANCOCK, JOHN. He was born in Quincy, 
Mass., January 12, 1737, and died October 8, 
1793. After graduation from Harvard, he en- 
gaged in business and accumulated large prop- 
erty interests. He became a member of the 
Massachusetts General Court in 1766 and in 
1774 was elected to membership in the pro- 
vincial congress. From the first, he became 
active on the side of the colonists and together 
with Samuel Adams was excluded from the 
privilege of the proclamation issued by Gen- 
eral Gage, 1775, in which pardon was offered 



to all rebels. He was a delegate from Massa- 
chusetts to the Continental Congress, 1775- 
1780, and again from 1785 to 1786. He was 
president of the Massachusetts provincial con- 
gress, president of the Continental Congress, 
May 1775 to October 1777, and served as gov- 
ernor of Massachusetts from 1780 to 1785 and 
again from 1787 until his death. His sup- 
port for the Constitution in the Massachusetts 
convention is said to have been won through 
the agreement that he was to be made governor 
in the next election. See Continental Con- 
gress; Declaration of Independence; Mass- 
achusetts. Reference: W. C. Burrage, John 
Hancock and his Times (1891). J. A. J. 

HANNA, MARCUS ALONZO. Marcus A. 
Hanna (1837-1904) was born at Lisbon, 
Ohio, September 24, 1837. He amassed large 
wealth in the coal and iron business at Cleve- 
land and elsewhere, and in the carrying-trade 
of the Great Lakes. In 1884, 1888, and 1896 
he was a delegate to the Republican national 
conventions. In 1896 he was elected chairman 
of the Republican national committee, directed 
the McKinley campaigns of that year and 
1900, and in 1896 was largely responsible for 
McKinley's election. The elaborate organiza- 
tion of the Republican campaign machinery, 
and the collection and expenditure of large 
sums of money for campaign expenses, were the 
distinguishing features of his policy. In 1897 
he was elected United States Senator from 
Ohio, and held that office until his death. On 
the formation of the National Civic Federation, 
in 1901, he was chosen its president. He died 
at Washington, February 15, 1904. See Mc- 
Kinley, Wm.; Tariff Policy of the United 
States; Republican Party. References: H. 
Croly, Marcus Alonzo Hanna (1912) ; M. Hal- 
stead, "The Three Strategic Chiefs of the Presi- 
dential Campaign" in Rev. of Revieios, XIV 
(1896), 421-426; "Mr. Hanna's Public Career" 
in Nation, LXXVIII (1904), 122-123. 

W. MacD. 

HANSEATIC LEAGUE. While it is im- 
possible to assign any precise date to the 
organization of the Hanseatic League, some 
form of association began to take shape in the 
middle of the thirteenth century. In 1241 
Liibeck and Hamburg agreed to safeguard the 
important roads between the Baltic and the 
North Sea, and in 1246 groups of maritime 
towns, including Liibeck, Hamburg, Liineburg, 
Wismer, Rostock and Stralsund had entered 
into an understanding with one another. From 
these early beginnings there arose a number of 
minor leagues, based primarily on economic 
motives and the defence of trade. These de- 
fensive alliances between towns, at first mainly 
economic, took on, also, under the pressure of 
circumstances, a political character. The great 
development of leagues took place from the 
middle of the thirteenth to the middle of the 



109 



HARBOR SYSTEMS— HARD CIDER CAMPAIGN 



fourteenth centuries. The conquering of Wisby 
by Waldemar IV in 1361 formed a closer union 
of the cities, and on November 19, 1367, 
the cities of north and west Germany entered 
into the celebrated League of Cologne. About 
this time the word "Hansa" began to be used. 
For nearly two centuries this great league, 
though organized primarily for economic pur- 
poses, became one of the leading powers of 
Europe. It entered into treaties with foreign 
sovereigns as well as with German rulers; 
it made war and peace and carried on a com- 
mon diplomacy. Federal in spirit and organi- 
zation, with a central authority in a Bundestag 
of instructed delegates, some sort of provision 
for the settlement of disputes among them- 
selves, and a guarantee of freedom from ex- 
ternal interference, the league nevertheless 
never organized a fully developed federal con- 
stitution. The religious struggles and the 
economic changes incident on the Thirty Years' 
War caused the league to fall. The league 
numbered at its highest 77 cities. The last 
meeting was held in 1669. See Federal 
State; Germany, Ffderal Organization of. 
References: H. Zimmern, The Hansa Towns 
(1889) ; E. Daenell, Die Blutezeit der deut- 
schen Haas (1906) ; A. B. Hart, Intro, to 
Federal Gov. (1891). B. E. H. 

HARBOR SYSTEMS. A harbor is a place 
of refuge where ships may lie sheltered from 
storms and waves, and where they may be 
loaded, discharged, and repaired in safety. The 
introduction of steam and steel, and improved 
machinery in transportation has so increased 
the size of ships as to make constantly larger 
demands upon harbors. Where a century ago 
ten feet of channel depth was adequate, now a 
first class harbor must have forty feet. This 
has increased enormously the problem and the 
cost of harbor construction and equipment. 

Harbor administration is usually compli- 
cated, for the channel is a highway, and must 
be kept free for all who may wish to come and 
go therein; while the docks and piers must be 
devoted, at least temporarily, to the individual 
shipper. So the channel is usually provided 
and maintained by the general government, 
while the docking facilities have been various- 
ly developed by private corporations or by mu- 
nicipalities. 

The most succesful port development on rec- 
ord has been done by the system of the non- 
profit-paying public trusts, best exemplified by 
the "Clyde Navigation," and the "Mersey 
Docks and Harbour Board." By act of Parlia- 
ment the trustees are given a monopoly of all 
harbor business including the handling and 
warehousing of freight, the assessing of taxes, 
fees and fines. Under this system the port of 
Liverpool has kept pace with the demands of 
a very rapidly growing commerce, and has 
made a capital investment in the last sixty 
years of over $200,000,000, every bit of which 



has been raised in the business of the port, no 
funds being furnished by either the general 
government or city. The port trust of Glas- 
gow, the "Clyde Navigation," has an almost 
equally good record, and London adopted the 
same plan of administration in 1908. 

All the ports of the continent of Europe are 
publicly owned and managed, either by the gen- 
eral government or by state or municipality. 

In America the general Government defines 
channels and anchorage basins by establishing 
pier-head lines. Inside these lines the state 
has supreme power. But in most of our har- 
bors the water front has been alienated from 
state and city, to private ownership and con- 
trol. This dispersal of interest has seriously 
hampered harbor development in America. 
Nowhere in our country are harbor improve- 
ment and administration so well advanced as 
in the leading European ports. But there is a 
strong movement growing in favor of munici- 
pal or some other form of public ownership and 
administration. New York City has adopted 
the plan of municipal ownership and has won 
back nearly all the water front of Manhattan 
island. New Orleans and San Francisco have 
made wonderful progress with harbor monop- 
olies in the hands of state harbor boards. 
Los Angeles is quite as much alive with the 
harbor as a municipal venture. Boston, in 
1911, created a new dock commission, with 
large powers. 

The United States Government has been very 
generous in its encouragement of harbor and 
river development. Beginning in 1826 with 
an appropriation of $150,000, the annual ex- 
penditure has grown to the sum of $29,685,- 
583.02 in 1910. The aggregate appropriation 
at the same date had reached the sum of $660,- 
604,629.74. 

See Docks and Wharves; Lighthouse 
System; Pilotage; Public Works; River 
and Harbor Bills; Shipping, Regulation 
of. 

References: U. S. Chief of Engineers, Annual 
Reports; P. Joly, "Various Methods of Admin- 
istering and Operating Commercial Ports" in 
Tenth International Navigation Congress 
(Milan), Report, 1905, 1-20; J. R. Smith, 
Organization of Ocean Commerce (1905), 119- 
125; J. P. Goode, "Development of Com- 
mercial Ports" in Chicago Harbor Commission, 
Report 1909, 61-161, "Port Administration 
and Harbor Facilities; a Symposium" in Am. 
Acad, of Pol. and Social Sci., Annals, XXIX 
1907; London County Council, Report of the 
Rivers Committee, 1907, 1-43; C. de Cordemoy, 
Exploitation des Ports Maritimes (1909) ; U. 
S. Commissioner of Corporations, Report on 
Transportation by Water in the U. 8., 1909, 
Pt. Ill, Water Terminals, 1-411. 

J. Paul Goode. 



HARD CIDER CAMPAIGN. The presi- 
dential canvass of 1840 is known as the "log 



110 



HARDS— HARRISON, WILLIAM HENRY 



cabin and hard cider" campaign. William 
Henry Harrison (see), the Whig candidate, 
was said, by his opponents by way of ridicule, 
to have lived in a log cabin and drunk hard 
cider. Harrison's adherents took up the ex- 
pression and used it to arouse enthusiasm 
among the masses. See Whig Party. 

0. C. H. 

HARDS. The ''hards" were New York Dem- 
ocrats, the name "hard" being applied to the 
regulars by- the opposing faction. The term 
"hunker" (see) was earlier applied to this 
class. The factions, "hards" and "softs" (see), 
continued up to the Civil War. The "hards" 
opposed Douglas and his popular sovereignty. 
In the Democratic convention at Cincinnati in 
1856, the "hards" and "softs" were both seated, 
each delegate having half a vote. In the 
Charleston convention 1860, the "hards" and 
"softs" both sent delegates, the "softs," were 
seated. See Democratic Party. References: 
J. F. Rhodes, Hist, of U. S., I (1893), 389, 481; 
T. C. Smith, Parties and Slavery ( 1907 ) , 118, 
142 ; E. Stanwood, Hist, of the Presidency ( rev. 
ed., 1912). T. N. H. 

HARMON, JUDSON. Judson Harmon, 
(1846- ) was born at Newtown, Ohio, Feb- 
ruary 3, 1846. In 1869 he was admitted to the 
bar, and began practice at Cincinnati. In 
1872 he took an active part, as a Democrat, 
in the Greeley campaign, managing the can- 
vass in Cincinnati; and thereafter rose slowly 
but steadily to prominence in his party. In 
1876 he was elected a judge of the court of 
common pleas, but the election was contested 
and decided against him. In 1878 he was 
elected judge of the superior court, and served, 
with a reelection in 1883, until 1887, when he 
resigned. He practiced law until June, 1895, 
when he was appointed Attorney General of the 
United States to succeed Richard Olney, and 
served to the end of Cleveland's term, March, 
1897. In 1908 he was elected governor of Ohio, 
notwithstanding a majority vote of 75,000 for 
President Taft; and in 1910 was reelected by 
a plurality of 100,000. His investigation of 
the state departments and prosecution of offi- 
cials charged with improper conduct attracted 
wide attention. Acts extending the classified 
civil service, establishing a direct primary for 
congressional elections, punishing corrupt prac- 
tices in elections, regulating public utilities, 
and extending the initiative and referendum 
to cities, were among the more notable fruit3 
of his administration. In the Democratic na- 
tional convention at Baltimore in June 1912, 
Harmon was a candidate for the presidential 
nomination and received votes in forty-two out 
of the forty-six ballots cast. See Democratic 
Party; Governor of the State. Reference: 
W. B. Hale, "Harmon and the Presidency" in 
World's Work, XXII (1911), 14446-14459. 

W. MacD. 



HARRINGTON, JAMES. See 

Theories of English Publicists. 



Political 



111 



HARRISON, BENJAMIN. Benjamin Harri- 
son (1833-1901), twenty-third President of the 
United States, was a native of Ohio, but after 
1854 a resident of Indiana. During the course 
of a successful career at the bar he was elected, 
in 1881, to the United States Senate. In 1887 
he failed of reelection, but in 1888 he was made 
the Republican nominee for the presidency and 
in the election that ensued he defeated the 
Democratic candidate, Grover Cleveland, by 
233 electoral votes to 168. The important 
events of the Harrison administration were 
the enactment of the McKinley tariff and the 
Sherman silver law of 1890, the advance of 
civil service reform, the extension of com- 
mercial reciprocity, and the adjustment of 
numerous international complications, notably 
the controversy with Great Britain relating to 
the Bering Sea fur-seal question. In the man- 
agement of foreign relations Harrison was at 
his best, as was demonstrated by the skill with 
which, after his ' retirement from the presi- 
dency, he conducted the case of Venezuela in 
the arbitration of that nation's boundary dis- 
pute with Great Britain (1899). Nominated 
by his party for a second term in 1892, he was 
defeated by his former antagonist, Cleveland. 
See Indiana; President, Authority and 
Influence of; Presidential Elections; Re- 
publican Party. References: A. Hedges, 
Benjamin Harrison: Speeches (1892) ; L. Wal- 
lace, Benjamin Harrison (1882) ; J. G. Wil- 
son, Presidents of the U. S. (1894) ; Benjamin 
Harrison, This Country of Ours (1898), Views 
of an Ex-President ( 1901 ) . F. A. O. 

HARRISON, WILLIAM HENRY. William 
Henry Harrison (1773-1841), ninth President 
of the United States, was born at. Berkeley, Va., 
February 9, 1773. He entered the Army in 
1791, and served with distinction in the fron- 
tier Indian wars. He retired in 1798, and was 
appointed secretary of the Northwest Territory, 
but resigned in October, 1799, to become terri- 
torial delegate in Congress. From 1801 to 
1813 he was governor of Indiana Territory. In 
the War of 1812 he rose to the rank of major- 
general. He was a representative in Congress 
from Ohio from 1816 to 1819, and from 1825 
to 1828 a Senator, succeeding Andrew Jackson 
as chairman of the Senate committee on mili- 
tary affairs. He resigned his seat in 1828 to 
accept an appointment as minister to Colom- 
bia, from which post he was recalled the next 
year. In 1835 he was nominated for the presi- 
dency by an Anti-Masonic convention in Penn- 
sylvania, and made a creditable campaign 
against Van Buren; but his electoral vote was 
only 73 against 170 for his opponent. In 1839 
he "was again nominated by the Whig national 
convention at Harrisburg, and swept the coun- 
try in 1840, receiving 234 electoral votes 



HARTFOED CONVENTION— HAWAII 



against 60 for Van Buren, the Democratic can- 
didate. He died at Washington, April 4, 1841, 
exactly one month after his inauguration. See 
Northwest Territory; Wars of the United 
States; Whig Party. References: S. J. Burr, 
William Henry Harrison (1840); H. Mont- 
gomery, William- Henry Harrison ( 1853 ) ; R. 
Hildreth, The People's Presidential Candidate 
(1839). W. MacD. 

HARTFORD CONVENTION. For some 
years before the War of 1812 the Federalists 
of the New England states strongly objected to 
the plans and policies of Jefferson and Madison 
in the controversies with France and England. 
When the war began opposition grew in inten- 
sity. There was particular opposition to con- 
scription and to the President's ordering the 
militia into the service of the United States. 
In October, 1814, the General Court of Mass- 
achusetts proposed to the legislatures of other 
New England states that a convention be held 
to consider grievances. The situation was 
acute; even threats of disunion were heard. 
The convention met at Hartford, December 15. 
Delegates were present from Massachusetts, 
Connecticut, Rhode Island, and from two coun- 
ties in New Hampshire. Later a delegate from 
a county in Vermont was given a seat. Reso- 
lutions were adopted, which were more con- 
servative than some desired and others feared. 
Soon after the convention adjourned it was 
known that a treaty of peace had been signed; 
men lost interest in the resolutions; and before 
long the words, "Hartford Convention," were 



only a term of reproach. The resolutions rec- 
ommended that the legislatures of the states 
represented protect their citizens from uncon- 
stitutional draft or impressment, that each of 
the states be given a proportional share of 
revenue raised within its limits and assume the 
protection of its own territory, that each of the 
states be prepared to assist in defending the 
others, that the Federal Constitution be amend- 
ed as follows: by providing (a) that represen- 
tation and direct taxes be apportioned among 
the states according to their respective number 
of free, persons, i. e., that three-fifths of the 
slaves be no longer included in the enumera- 
tion; (b) that a two-thirds vote of both houses 
of Congress should be required for the admis- 
sion of new states, for the prohibition of com- 
mercial intercourse with foreign nations, and 
for making offensive war; (c) that embargoes 
be limited to sixty days; (d) that naturalized 
citizens be not elected as members of Congress 
or hold any civil office under the United States ; 
(e) that the same person should not be chosen 
President for a second term; (f ) that a Presi- 
dent should not be chosen from the same state 
two terms in succession. 

See Embargo Act; Federalist Party. 

References: H. V. Ames, State Papers on 
Federal Relations (1906), 77-88; W. Mc- 
Donald, Select Documents (1903), 198-207; 
H. Adams, Hist of the U. 8. (1891), VIII, ch. 
xi; T. Dwight, Hist, of the Hartford Conven- 
tion ( 1833 ) ; J. B. McMaster, Hist, of the Peo- 
ple of the U. 8., IV (1895), ch. xxviii. 

A. C. McLaughlin. 



HAWAII 



History. — The Hawaiian Islands were set- 
tled by Polynesians, probably from Samoa. 
When discovered by Captain Cook in 1778 the 
group was divided into several kingdoms. 
Kamehameha I, by 1795, had conquered all the 
islands except Kauai and Niihau which yielded 
to him in 1810. His government was an abso- 
lute monarchy with feudal characteristics, the 
common people having no absolute rights and 
owning no land but occupying it under chiefs 
who in their turn held at will of the king, each 
in the feudal series having all powers of gov- 
ernment in his own sphere subject to the one 
above. In 1820 American missionaries reached 
the islands and in 1822 the first written laws 
were published on the mission press. The 
monarchy under the influence of foreigners, 
principally English and American, gradually 
changed with the progress of civilization and 
became a limited monarchy with laws based on 
the common law of England but modified by 
local custom and the civil law. This progress 
was not forced on the kings by people or 
foreigners. Successive constitutions were 



granted freely by the kings. The indirect in- 
fluence of the American missionaries v/as prob- 
ably great. In 1893 a revolution put an end 
to the monarchy which was succeeded by a pro- 
visional government and that, in 1895, by the 
Republic of Hawaii. In 1898 came annexation 
to the United States and in 1900 Congress pro- 
vided a territorial government for the territory 
of Hawaii, continuing in force most of the laws 
of the Republic of Hawaii. No violent changes 
i*i general laws had been made by the revolu- 
tion of 1893 or the changes of government fol- 
lowing. In 1900 the laws were so thoroughly 
American that the most noticeable changes 
caused by extending the United States Consti- 
tution over the islands were that indictments 
by a grand jury became necessary in cases of 
felony and verdicts by a jury must be unani- 
mous instead of by a vote of nine out of twelve 
jurors as theretofore. 

Government. — The government of the terri- 
tory of Hawaii is in general like that of the 
states and other territories of the United 
States. The United States Government has 



112 



HAWAII 



control of those matters of which it has con- 
trol in states, such as post offices, customs, 
internal revenue and lighthouses, and the terri- 
torial government of other matters. The prin- 
cipal executive officers are the governor, secre- 
tary, attorney general, treasurer, commissioner 
of public lands, commissioners of agriculture 
and forestry, superintendent of public works, 
superintendent of public instruction, auditor, 
surveyor and high sheriff whose duties are such 
as indicated by their titles. Of the local of- 
ficials the President of the United States ap- 
points the governor, secretary and judges of 
the supreme and circuit courts. These must all 
be citizens of the territory of Hawaii. 



circuit courts which are courts of record and 
whose judges, sitting at chambers have juris- 
diction in equity, probate, divorce matters, etc.; 
and a supreme court of three justices. 

All who were citizens of the Eepublic of 
Hawaii at the time of annexation were by the 
provisions of the resolution of annexation 
made citizens of the United States. Those 
eligible to vote are men twenty-one years of 
age or 'over who have resided in the territory 
at least a year and are able to speak, read and 
write either the English or Hawaiian language. 
The territory is entitled to one representative 
in Congress who has a right to debate and 
introduce bills but not a right to vote. The 




159° Longitude 158° West from 157° Greenwich 136 c 



The Territory or Hawaii 



The judicial department is dual like that of 
states. A federal court entitled United States 
District Court for the Territory of Hawaii with 
two judges and the powers of United States 
district courts (see Couets, Federal) has 
jurisdiction of such matters as come before 
United States courts in states. Appeals 
lie from this court to the United States 
circuit court of the ninth circuit and the Unit- 
ed States Supreme Court. The territorial 
courts have -jurisdiction over all other matters, 
and decisions of the supreme court of the terri- 
tory can only be reviewed by the United States 
Supreme Court when the matter concerns a 
United States statute or a constitutional ques- 
tion or involves $5,000. The territorial 
courts comprise district magistrates who corre- 
spond to justices of the peace and are appoint- 
ed by the chief justice of the territory; five 



general laws of the United States as to public 
lands do not apply to Hawaii, but there are 
special homestead laws, etc.; public lands mat- 
ters are under control of a land commissioner 
appointed by the governor of the territory of 
Hawaii. 

The territorial legislature meets once in two 
years and has two houses. The senate is com- 
posed of fifteen members at least thirty years 
of age who are elected from the four counties 
as districts for four-year terms, and the house 
of representatives composed of thirty members 
who must be at least twenty-five years of age 
and who are elected from six representative 
districts. 

When first organized as a territory, Hawaii 
had a very centralized government with no 
county or municipal government. Four coun- 
ties were organized in. 1905, comprising the 



113 



HAWAIIAN ANNEXATION— HAY, JOHN 



whole territory. In 1907, one, the county of 
Oahu, was reorganized into the city and county 
of Honolulu and its government changed in 
some respects from that of the other counties. 
Since county organization, each successive leg- 
islature has enlarged the powers of the coun- 
ties. The school system is still under the ter- 
ritorial government. Liquor licenses are 
granted and taken away by local boards ap- 
pointed for each county by the governor. Tax 
assessors are appointed by the governor but 
the rate of taxation is fixed by the counties. 

See Annexations to United States; Ha- 
waiian Annexation; Territokies, Organized. 

References: W. D. Alexander, Brief Hist, of 
Hawaiian People (1891) ; Resolution of July 
7, 1898, U. 8. Stat., XXX, 750; "Resolution 
of Senate of Hawaii, Sept. 9, 1897" in Funda- 
mental Laws of Hawaii (ed. by L. A. Thurs- 
ton, 1904), 247; "Act of April 30, 1900" in 
U. 8. 8tat., XXXI, 339; W. F. Frear, "De- 
velopment of Hawaiian Statute Law" in 
Hawaiian Historical Society, Reports, XIII 
(1906). Lyle A. Dickey. 

HAWAIIAN ANNEXATION. The Hawaiian 

Islands have been under American influence 
since 1820. A treaty annexing them to the 
United States was signed in 1854 but failed of 
ratification; yet they became virtually an Am- 
erican protectorate by the reciprocity agree- 
ments of 1875 and 1884. In January, 1893, 
after the Queen of Hawaii had been dethroned 
by a revolution, the newly established provi- 
sional government applied for annexation. A 
treaty to that effect was submitted to the 
Senate by President Harrison, but before it 
could be acted upon was withdrawn by Presi- 
dent Cleveland, who sent James H. Blount to 
Hawaii as his special commissioner to investi- 
gate the situation. Upon his report that the 
revolution owed its success to the support of 
the United States minister and troops, the 
President made an earnest but unsuccessful 
attempt to restore the Queen's government. 

Soon after President McKinley's inaugura- 
tion, another treaty of annexation was signed, 
June 16, 1897, but was still pending in the 
Senate when war broke out with Spain. The 
friends of the treaty, fearing that it might not 
receive the necessary two-thirds vote in the 
Senate, introduced a joint resolution of an- 
nexation which, in view of the great military 
importance of the islands at that time, passed 
both houses by large majorities and was signed 
July 7, 1898. In the debate, the opposition 
argued that there was no constitutional right 
to acquire territory by joint resolution; that 
annexation involved the danger of statehood; 
and that the acquisition of non-contiguous 
territory, inhabited by an inferior race, was 
the beginning of a policy of imperialism. 

The joint resolution declared that the "Ha- 
waiian islands . . . are hereby annexed 
as a part of the territory of the United 



States;" and that until legislation by Congress 
all powers of the existing government should 
"be exercised in such manner as the President 
of the United States shall direct." The formal 
cession was accomplished Aug. 12, 1898, when 
these resolutions were accepted by President 
Dole on behalf of the Republic. 

The act of Apr. 30, 1900, made the islands a 
fully organized territory ; extended to them the 
provisions of the Constitution and the laws 
of the United States; and conferred American 
citizenship upon all persons who were citizens 
of Hawaii, Aug. 12, 1898, which included Chi- 
nese born or naturalized in the islands. 

See Annexations to the United States; 
Chinese Immigration; Pacific Islands, 
Diplomatic Relations with; Territories of 
the United States, Organized. 

References: J. B. Moore, Digest of Int. Law 
(1906), I, 475-520; J. W. Foster, Am. Diplom- 
acy in the Orient (1903), ch. iv, xi. 

George H. Blakeslee. 

HAY, JOHN. John Hay (1838-1905) was 
born at Salem, Ind., October 8, 1838. He was 
admitted to the Illinois bar in 1861, but never 
practiced. The same year he became one of 
Lincoln's private secretaries, later serving as 
adjutant and aide-de-camp; and in 1865 was 
brevetted colonel of volunteers. From 1865 to 
1867 he was secretary of legation at Paris, 
and in 1867-68 charge d'affaires at Vienna. 
In 1868 he became secretary of legation at 
Madrid, where he remained until 1870. From 
1870 to 1875 he was an editorial writer on the 
New York Tribune. He then removed to Cleve- 
land, Ohio, where he married a daughter of the 
wealthy Amasa Stone and was active in the 
presidential campaigns of 1876, 1880, and 1884. 
From 1879 to 1881 he was First Assistant Sec- 
retary of State. In 1881 he assumed the edi- 
torship of the Tribune, in the absence of 
Whitelaw Reid. In 1897 he was appointed am- 
bassador to Great Britain, resigning in 1898 
to become Secretary of State, which office he 
held until his death. The guarantee by the 
great powers of an "open door" policy in China, 
in 1899-1900; the supercession of the Clayton- 
Bulwer treaty by a new treaty with Great 
Britain, in 1901, giving the United States sole 
control of the isthmian canal; and the recog- 
nition of the Republic of Panama, in 1903, 
were the notable events of his secretaryship. 
He died at Lake Sunapee, N. H., July 1, 1905. 
He wrote, with J. G. Nicolay, Abraham Lin- 
coln; a History (1890), 10 vols. See Canal 
Diplomacy; Open Door; State, Department 
of. References: B. Adams, "John Hay" in Mc- 
Clure's Magazine, XIX (1902), 173-182; J. B. 
Bishop, John Hay: an Address delivered be- 
fore the Alumni Assoc, of Brown University 
(1906) ; E. Root, Address at the Dedication of 
the John Hay Library, Brawn University 
(1910); P. L. Ha worth, Rutherford B. Hayes 
(1906); J. F. Rhodes, "President Hayes' Ad- 



114 



HAY-PAUNCEFOTE TREATIES— HAYTI 



ministration in the Light of Thirty Years" in 
Century, LXXIII (1909), 883-891. 

W. MacD. 

HAY-PAUNCEFOTE TREATIES. The first 
of the two treaties was signed February 5, 
1900 by Secretary John Hay and Sir Julian 
Pauncefote. It was agreed that the United 
States Government should be free to construct 
an isthmian canal upon the general principles 
of neutralization set forth in the convention of 
Constantinople. The Senate, in ratifying the 
treaty, added amendments to the effect that 
the Clayton-Bulwer treaty was "hereby super- 
seded," and that the provisions of the treaty 
should not apply "to the measures which the 
United States might find it necessary to take 
for securing by its own forces the defense of 
the United States and the maintenance of 
public order." Great Britain declined to ac- 
cept these changes and the treaty therefore 
failed. 

A second treaty was negotiated by the same 
plenipotentiaries and signed November 18, 
1901, in which the principles of the Senate 
amendment were substantially included. This 
treaty was duly ratified and it was proclaimed 
February 22, 1902 ; and the way was thus 
cleared for negotiations with Columbia and 
subsequently with Panama. 

See Canal Diplomacy; Clayton-Bulwer 
Treaty; Great Britain, Diplomatic Rela- 
tions with; International Law, Influence 
of the United States on; Negotiation of 
Treaties by the United States; Ratifica- 
tion of Treaties by the United States; 
Territory in International Law; Treaties 
of the United States. 

References: J. B. Henderson, Am. Dipt. 
Questions (1907), 168; Senate Ex. Docs., 56 
Cong., 1 Sess., Nos. 160, 208 (1901), 2 Sess., 
No. 1337 (1902) ; J. B. Moore, Digest of Am. 
Int. Law (1906), § 366. A. B. H. 

HAYES, RUTHERFORD BIRCHARD. Ruth- 
erford B. Hayes ( 1822-1893 ) , nineteenth Presi- 
dent of the United States, was born at Dela- 
ware, Ohio, October 4, 1822. In 1845 he was 
admitted to the bar, and in 1849-50 established 
himself at Cincinnati. He served in the Union 
Army throughout the Civil War, and was brev- 
etted major-general of volunteers. From 1865 
to 1867 he was a Republican member of Con- 
gress, and from 1868 to 1872 governor of Ohio. 
In 1875 he was again nominated for governor, 
and was elected, the campaign, in which he 
declared against the Democratic policy of cur- 
rency inflation, attracting national attention. 
In 1876 he was nominated for the presidency 
on the seventh ballot, James G. Blaine having 
been up to that point the leading candidate. 
The events of the famous contested election are 
elsewhere treated (see Electoral Commis- 
sion). As a result of the decisions of the elec- 
toral Commission, he was, on March 2, 1877, 



declared elected, having been awarded 185 elec- 
toral votes against 184 for Samuel J. Tilden, 
the Democratic contestant. His administra- 
tion saw the withdrawal of the last federal 
troops from the South, the .resumption of 
specie payments in 1879, and improvement in 
the personnel of the civil service. He did not 
seek a reelection in 1880, and devoted the re- 
mainder of his life to law practice and to 
various reform movements. He died at Fre- 
mont, Ohio, January 17, 1893. See Electoral 
Commission; Presidential Elections; Re- 
construction. References: J. G. Wilson, Ed., 
Presidents of the United States (1894) ; E. 

E. Sparks, National Development (1907) ; P. 
L. Haworth, Rutherford B. Hayes ( 1906 ) ; J. 

F. Rhodes, "President Hayes' Administration 
in The Light of Thirty Years" in Century, 
LXXVIII (1909), 883-891. 

HAYNE, ROBERT YOUNG. Robert Y. 
Hayne was born in Colleton district, South 
Carolina, 1781, and died at Asheville, North 
Carolina, 1839. Educated in the schools of 
Charleston, he studied law in the office of 
Langdon Cheves and was admitted to the bar 
in 1811. He served a short time in the War 
of 1812, after which he was attorney general 
of South Carolina for six years. Entering 
the United States Senate in 1823, he soon 
became prominent as an opponent of the tariff 
and in 1830 he was the logical spokesman of 
the South in the famous debate with Webster. 
In 1832 Hayne retired from the Senate to be- 
come governor of South Carolina during the 
conflict with the Federal Government about 
nullification. Upon the settlement of this con- 
troversy, he was made the president of the 
proposed Charleston and Cincinnati railroad 
and as such he urged upon the state a policy of 
internal improvements which brought him into 
conflict with Calhoun. See Nullification 
Controversy; Social Compact Theory; 
State Sovereignty. Reference: T. P. Jervey, 
Life and Times of Robert Y. Hayne (1909). 

W. E. D. 

HAYTI. The island of Santo Domingo or 
Hayti is the second largest island of the West 
Indies. It was discovered by Columbus on 
his first voyage (1492) and named "La Isla 
Hispanola." The location of the earliest colon- 
ization in the new world, it belonged to Spain, 
then to France, and finally was divided into 
two independent governments called the Do- 
minican Republic and Hayti. 

Dominican Republic, between latitude 17° 
37' and 20° north, and longitude 68° 20' to 
about 72° west (Greenwich) has an area of 
19,325 square miles and a population of 673,- 
611, about 34 per square mile. The present 
constitution, adopted in 1908, provides for a 
bicameral legislative system, senate and cham- 
ber of deputies. Senators are elected, one for 
each province for six year terms renewed by 



115 



HAYTI, DIPLOMATIC RELATIONS WITH— HEADLANDS THEORY 



thirds every two years ; deputies for four years, 
one-half every two years. The executive is a 
president elected by indirect vote for six years 
(July 1, 1908) with a cabinet of seven min- 
isters. The judiciary is composed of a supreme 
court, and lower courts. There are twelve 
provinces, the capital being Santo Domingo 
City. State religion is Roman Catholic. 

Hayti, Republic, situated between latitude 
17° and 20° north, and about longitude 72° 
to 74° 31' west (Greenwich), has an area of 
10,200 square miles with a population estimat- 
ed at 2,000,000, about 196 per square mile. 
The present constitution was proclaimed in 
1889 and provides for a bicameral legislative 
assembly, a senate and a chamber of repre- 
sentatives with six and three year terms re- 
spectively. The president, elected by the as- 
sembly for seven years, has a cabinet of six 
ministers. The judiciary is composed of a 
supreme court and courts of appeal. Hayti has 
five political divisions, the capital being Port 
au Prince. State religion is Roman Catholic. 
See Hayti; Diplomatic Relations with. 
References: J. I. Rodriguez, Am. Constitutions 
(1905), II, 49-88; Pan American Union, Pub- 
lications. Albert Hale. 

HAYTI, DIPLOMATIC RELATIONS WITH. 

The island of Hayti was discovered by Colum- 
bus on his first voyage and became the seat 
of the first European colony in the new world. 
Early in the seventeenth century French buc- 
caneers took possession of the western end 
of the island and became so firmly intrenched 
that at the peace of Ryswick in 1697 this part 
of the island was ceded to France. At the 
beginning of the French Revolution the popu- 
lation of the French colony was about 500,- 
000, of whom 38,000 were of European origin, 
28,000 free people of color, and the rest negro 
slaves. In 1790 the French National As- 
sembly granted full rights of citizenship to 
the free blacks and mulattoes. This act led 
to serious race troubles which became more 
serious when it, was repealed the following 
year. The slaves rose in insurrection and 
finally established the Republic of Hayti with 
Toussaint L'Ouverture, a full-blooded negro 
and former slave, as chief. Napoleon, in 
1802, sent his brother-in-law, General Leclerc, 
to reduce the colony. He treacherously secured 
the person of Toussaint and sent him to 
France where he died in a dungeon. The in- 
surrection now broke out afresh. Leclerc and 
a large number of his army fell victims to the 
yellow fever, and the French were forced to 
abandon the island in 1803. The Spanish part 
of the island later declared its independence 
and in 1822 was united with Hayti. In 1844 
the Spanish colony resumed its independence 
as the Republic of San Domingo. 

The United States was far from being a 
disinterested spectator of these events, but 
until the administration of Lincoln refused to 



extend formal recognition to either of these 
republics, the main reason being that they 
were founded on slave insurrections. In Presi- 
dent Lincoln's first annual message he declared 
that he saw no reason "why we should per- 
severe longer in withholding our recognition 
of the independence of Hayti," and by act of 
June 5, 1862, he was authorized to accredit a 
representative as "commissioner and consul- 
general." 

In 1882 and again in 1884 the government 
of Hayti made a proposal for the cession of 
Mole St. Nicholas to the United States as a 
naval station, but the offer was declined. 
Later, however, in 1891 Rear-Admiral Gherar- 
di was sent as a special commissioner to 
Hayti to cooperate with the United States 
minister in securing the lease of a coaling sta- 
tion. The Haytian Government refused to en- 
tertain the proposal and much excitement was 
caused by the presence of the American fleet 
at Port au Prince. 

Frequent revolutions and changes of gov- 
ernment, repudiation by new governments of 
the debts of their predecessors, harsh and un- 
just treatment of foreigners, the seeking of 
asylum in the American consulate by defeated 
political leaders, are the questions that con- 
tinually claim the attention of the United 
States Government in its diplomatic relations 
with Hayti. 

See Drago Doctrine; Hayti; West India 
Trade. 

References: J. B. Moore, Digest of Int. Law 
(1906), I, 107, 116, 250, 278, II, 807, V, 729, 
VI, 24, 433, 475; E. J. Payne, Hist, of Euro- 
pean Colonies (1889), ch. xv; S. St. John, 
Hayti, or the Black Republic (1884), ch. iii; 
Foreign Relations, 1866, II, 499-526, 1868, II, 
354-360, 1875, 686-748, 1888, 884-977, 1898, 
387-399, 1899, 374-407. John H. Latane. 



HEAD TAX ON IMMIGRANTS. 

migrants, Head Tax on. 



See Im- 



110 



HEADLANDS THEORY. Under the fishery 
treaty of 1818 with Great Britain the right 
of inshore fishery in Canadian waters was 
forbidden, except so far as expressly allowed 
by the treaty, or ceded by later agreement. 
This led to long discussions as to precisely 
what was the water boundary of those coasts. 
The Americans contended that it was a sinu- 
ous line, three marine leagues distant from 
the low water mark, and parallel with the 
shore, the British contention was that a small 
bay, even if more than six miles wide, included 
as territorial water the expanse as far out as 
a straight line drawn from three miles off one 
headland to three miles off the other headland. 
The position of the United States in holding 
jurisdiction over Chesapeake and Delaware 
bays, though the entrances are more than six 
miles wide, was an argument against their 
claim. The question has never been definitely 



HEALTH, PUBLIC, REGULATION OF 



adjusted but in the decision of 1911 in the New- 
foundland Fisheries dispute (see) the arbitra- 
tors did not allow that the British had terri- 
torial jurisdiction outside the sinuous line. 
See Arbitrations, American; Fisheries, In- 



ternational; Great Britain, Diplomatic Re- 
lations with; Three-Mile Limit; Water 
Boundaries and Jurisdiction. References: 
J. B. Moore, Digest of Int. Law ( 1906 ) , I, 699- 
800, passim, Arbitrations (1898). A. B. H. 



HEALTH, PUBLIC, REGULATION OF 



Complexity. — Local, state and national au- 
thorities all have jurisdiction in the regulation 
of public health, so that the interweaving and 
overlapping of these authorities, their relations 
with private health organizations and with the 
work of corporations or employers for the 
health of their employees, make a puzzling and 
complicated network. This article will under- 
take: (1) an outline of the development and 
present function of (a) national, (b) state, 
(c) municipal and county authorities; (2) a 
sketch of the most important lines of extension 
along which all three of these bodies are ad- 
vancing side by side; (3) brief comment on 
the enforcement of health regulations and on 
the relation between public and private health 
agencies. Throughout the whole discussion 
should be kept in mind the modernity of the 
whole matter, its almost indefinitely wide scope 
of application under the police power, and the 
very rapid replacement of private by public 
activities for the cure and prevention of dis- 
ease. 

National Health Authorities. — Congress en- 
acted in 1799 that 

the quarantines and other restraints established 
by the health laws of any state shall be duly ob- 
served by the officers of the customs revenue of 
the United States, by the masters and crews of 
the several revenue cutters, and by the military 
officers commanding any fort or station upon the 
seacoast : and all such officers of the United 
States shall faithfully aid in the execution of 
such quarantines and health laws according to 
their respective powers and within their respective 
precincts, and as they shall be directed from time 
to time by the Secretary of the Treasury. 

The relations of the national officials, above 
referred to, with the local officers were made 
more intimate owing to the fact that vessels 
detained in quarantine were sometimes al- 
lowed, by the health laws of the local port of 
entry, to discharge their cargoes which then 
came under the jurisdiction of the federal col- 
lector of the port and so of the Secretary of 
the Treasury. During the unloading of a ves- 
sel in quarantine, therefore, federal and local 
officers were necessarily in close relations. 

This body of legislation accounts for the 
otherwise puzzling fact that the chief public 
health activities in the United States fall under 
the Treasury Department, where one would 
least expect to find them. 

So far as can be ascertained the above legis- 
lation constitutes, until 1893, practically the 
sole statutory basis for any national activities 
concerned with health, leaving out of account 



117 



the medical departments of the Army and 
Navy. Gradually, however, medical responsi- 
bilities have grown up in a variety of other de- 
partments of the national Government so that 
at the present time health work of greater or 
less importance is carried out in no less than 
six different departments. The first group in- 
cludes: (1) the Department of the Treasury; 
(2) the Navy Department; (3) the War De- 
partment. The Department of the Interior con- 
stitutes a second group, because its Bureau of 
Indian Affairs controls a considerable num- 
ber of physicians whose activities in the schools 
and hospitals for the Indians, are sometimes 
very important. Through the Geological Sur- 
vey also, which is under this Department, all 
matters concerning the pollution of inland wa- 
ters which have interstate distribution are 
considered. 

A third body of health activities with exten- 
sive responsibility comes under the Department 
of Agriculture, distributed among three bu- 
reaus. (1) The Bureau of Chemistry is con- 
cerned, under the Food and Drug Law of 1902, 
with the enforcement of this law in relation to 
the adulteration of food and drugs. (2) Under 
the Bureau of Entomology investigations have 
been made and reports prepared on the dis- 
tribution and habits of various species of mos- 
quitoes, their possible danger through their 
power to transmit malaria and yellow fever, 
and the methods of checking or exterminating 
such insects. (3) The Bureau of Animal In- 
dustry deals with all interstate meat traffic, 
and spends $3,000,000 a year (1910) on the in- 
spection of such meat. The dairy division of 
this bureau seeks by investigation and inspec- 
tion to purify and improve milk and dairy 
products. The same bureau has also assumed 
the responsibility for the investigation of the 
contagious diseases "of man and animals," man 
being here included since some of the diseases 
more frequent in the lower animals also occur 
in man. 

A fourth group comes under the Department 
of Commerce and Labor, through three impor- 
tant matters concerning the public health : ( 1 ) 
the Bureau of Vital Statistics as a part, of 
the work of the Census Bureau; (2) the in- 
spection of all immigrants, together with the 
hospitals and detention stations provided for 
them; (3) Monthly Bulletin of the Bureau of 
Labor Statistics, which contains information 
regarding factory legislation and thus deals 



HEALTH, PUBLIC, REGULATION OF 



with one of the most important branches of 
the public health, viz., industrial hygiene. 

It thus appears that the health activities 
in the United States are now divided among 
seven departments: the Interior, Treasury, 
Agriculture, Commerce, Labor, War, Navy. 

Operation of Quarantine. — The Marine Hos- 
pital Service, which has gradually grown up 
under the Treasury Department, was of com- 
paratively slight importance to public health 
until the legislation approved February 15, 
1893, and subsequently amended and extended 
by acts approved August 12, 1894, March 2, 
1901, and June 19, 1906. Under these acts 
the maritime quarantine administration, which 
prior to 1893 was entirely local, has become 
national, many state stations having been vol- 
untarily surrendered to the Government, others 
supplanted by the general Government because 
of failure to comply with Government regula- 
tions. There are now (1913) 44 such national 
quarantine stations administered under the 
Marine Hospital Department which after the 
law of July 1, 1902, was known as the Public 
Health and Marine Hospital Service until 
Aug. 14, 1912, when it became the Public 
Health Service. 

There remain, however, four ports, New 
York, Boston, Philadelphia and Providence, 
still governed by a state quarantine officer. 
These local officers are, nevertheless, obliged 
to enforce the national regulations; are sub- 
ject to inspection by the national officers; and 
may be replaced by an officer detailed by the 
President for that purpose in case they fail 
or refuse to comply with United States regula- 
tions. Under the national quarantine law of 
1893, already referred to, a penalty of $5,000 
was imposed upon any vessel from a foreign 
port seeking to enter a port of the United 
States without a consular bill of health. In 
the principal Japanese and Chinese ports these 
bills of health are signed by those national 
officers of the Public Health Service who are 
attached to the United States consulates. 
These officers keep themselves informed of the 
prevalence of contagious diseases in these cities 
and in the surrounding country. Medical of- 
ficers are also located at Calcutta, Naples, 
Libau, and at various ports in South America, 
Mexico, and Cuba. The salaries of these offi- 
cers are paid from a fund annually appropri- 
ated by Congress and known as the "epidemic 
fund," which is officially intended solely for 
the prevention of the introduction and spread 
of cholera, yellow fever, smallpox, typhus fever 
and plague. 

Epidemics and Contagious Diseases. — When- 
ever epidemic diseases threaten to spread from 
one state to another, officers of the Public 
Health service may be active in suppressing 
such epidemics, as for example, the yellow 
fever epidemic of New Orleans in 1897 and 
1905, the bubonic plague in California in 1900, 
1907 and 1908. At the present time (1913) 



these officers are engaged in the extermination 
of bubonic plague among the ground squirrels 
of California. These operations are conducted 
under two laws, one is the national quarantine 
act of 1893, which contains provisions for in- 
terstate as well as for maritime quarantine; 
the other is the so-called epidemic fund above 
referred to, which contains a provision making 
it available for the aid of state and local 
boards of health. 

Under the quarantine law of 1893 and the 
act of Congress approved March 3, 1901, pro- 
viding for the building of a hygienic laboratory, 
investigations are made at the request of state 
health authorities in diseases other than those 
named in the epidemic law, for example, ty- 
phoid fever, infantile paralysis, cerebrospinal 
meningitis, hookworm disease, and pellagra. 

In an act approved July 1, 1902, the Secre- 
tary of the Treasury, working directly through 
the Bureau of Public Health Service, has the 
power to license all establishments engaged 
in the production of vaccines, antitoxins, and 
serums intended for sale in interstate traf- 
fic. Variations in the strength and the occa- 
sional impurity of these products made sucli 
a system of license necessary. Thirteen state 
establishments are now licensed in the United 
States and ten in foreign countries. 

The division in pharmacology under the hy- 
gienic laboratory has done much work in the 
standardization of drugs. 

Among the branches of the Public Health 
Service, at present of minor importance, is 
that which constituted its entire being up 
to 1893, namely, the maintenance of marine 
hospital relief stations upon the coast, lakes, 
and rivers of the United States, twenty-two 
such hospitals being now in existence. They 
serve as sanitary outposts whence trained offi- 
cers can be mobilized at the point of danger in 
times of epidemics. These hospitals have noth- 
ing to do with the Navy Department but are 
nominally a part of the revenue service of the 
Treasury Department. The most important 
of them is the sanitarium for consumptive sea- 
men at Fort Stanton, New Mexico. 

It is obvious from this account that the 
public health activities of the national Govern- 
ment date practically from 1902. It is also 
obvious that the health activities of the Gov- 
ernment are ludicrously scattered and disor- 
ganized, and should be combined in a single 
bureau or department as was recently recom- 
mended by President Taft. 

State Boards of Health. — The first state 
board of health was that of Massachusetts, es- 
tablished in 1869; in the following ten years 
18 more state boards were organized ; from 1880 
to 1890, 14; from 1890 to 1900, 7; since that 
time 7 more; a total of 47. Even at the pres- 
ent time some of these state boards are little 
more than a name. In certain states all public 
health activities are still performed by city or 
county boards, and even these may amount to 



118 



HEALTH, PUBLIC, REGULATION OF 



very little. State medicine, as distinguished 
from municipal medicine is then a matter of 
40 years' growth. It has been called into ac- 
tivity, like the work of local boards, chiefly by 
the occurrence of alarming local epidemics. 

Aside from their powers and duties in rela- 
tion to local epidemics, the functions of the 
state boards of health have been a gradual de- 
velopment of the police power in the abatement 
of "nuisances," which, with quarantine, forms 
the starting point of all public health work. 
The development of the conception of what 
constitutes a "nuisance" is a most interesting 
study which can only be very briefly summed 
up here. From Blackstone's definition of a 
nuisance one would never gather that it had 
any special concern with public health. For 
him a nuisance was almost any sort of injury, 
but later its meaning seems to have gradually 
and unconsciously changed until it became as- 
sociated with a variety of conditions having 
in common the fact that they produce a bad 
smell. The annoyance therefrom, joined with 
the common though erroneous belief that a bad 
smell reveals the presence of some cause for 
disease, resulted in the prominent part which 
the "abatement of nuisances" has played in 
public health work throughout its history. .De- 
spite the more recent discovery that smells are 
in themselves of no injury to health, health 
work has followed the paths of popular preju- 
dice and demand, and continues to be largely 
and very unreasonably occupied with the abate- 
ment of odoriferous nuisances. 

Gradually, however, the conception of a nui- 
sance has been developed to include not only 
ill-smelling pools, ditches, privies, drains, water 
courses and deposits, but also (a) animals so 
kept as to annoy their neighbors through the 
production of disagreeable odors; (b) houses 
so overcrowded as to be injurious to the health 
of the inmates, factories so unclean, ill venti- 
lated, or overcrowded as to be dangerous to 
their inmates' health; (c) furnaces or chim- 
neys which do not endeavor to consume their 
own smoke. These extensions in the con- 
ception of nuisances have led to a great 
widening of the conception of the police power 
in its relations to the protection of public 
health. Many states now include under nui- 
sances rank coarse weeds and other vegetation, 
and ill drained marshes which favor the breed- 
ing of mosquitoes. In close connection with 
this idea of the abatement of nuisances is the 
power now generally conceded to state boards 
of health and universally so conceded to the 
local boards, for preventing the pollution of the 
sources of public water suplies and ice sup- 
plies. 

The organization and duties of the state 
boards of health differ very materially in dif- 
ferent states. In Minnesota the board's powers 
are probably at the maximum, since they have 
the power to adopt, alter and enforce reason- 
able regulations for the preservation of the 



public health applicable to the whole or any 
portion of the state. Upon the approval of 
the attorney general and the due publication 
of these regulations they have the force of law, 
unless they conflict with a city statute or with 
a charter or ordinance of a city of the first 
class upon the same subject. Apparently these 
regulations may entirely supersede the ordi- 
nances of smaller cities and towns. If any 
town fails to appoint a local board of health 
or if the officers of this board are inefficient, 
the state board may put in appointees of its 
own temporarily. 

In most of the states the powers of the state 
board in relation to the local boards are chiefly 
advisory and in some states these advisory, 
powers have great force despite the absence 
of any power to compel compliance with such 
advice. The single commissioner of health em- 
ployed by the state of Pennsylvania has pow- 
ers almost equal to those of the Minnesota 
board. Yet the growth of this power in Penn- 
sylvania has been surprisingly rapid, for in 
1876 there was absolutely no state board of 
health in that state. In that year 36 out of the 
48 states appropriated absolutely no money for 
the support of the state board of health, and 
no state except Massachusetts appropriated 
more than $2,000 a year. 

Local and Municipal Boards of Health. — In 
a few states, county boards of health are pro- 
vided in order that there may be some sort of 
health jurisdiction in the more sparsely settled 
districts, but their activities are very slight. 
The first local boards of health were those of 
Boston and Salem, established in 1799. Marble- 
head, Plymouth, Charlestown, Lynn and Cam- 
bridge followed suit soon after; but about 
twenty years later most of these boards of 
health were merged in the common councils of 
the towns, and this arrangement remains up to 
the present day in the majority of states and 
towns in the United States — which is tanta- 
mount to saying that in the majority of states 
and towns of the United States the board of 
health is entirely inefficient. 

Previous to the establishment of these 
boards, local health activities were confined to 
the enforcement of legislative acts nominally 
covering the state but practically intended for 
application to a particular city or port, and 
designed to prevent the spread of smallpox or 
yellow fever. 

Pennsylvania passed, in 1700, "an act to pre- 
vent sickly vessels coming into this govern- 
ment." In 1809 it was made compulsory by 
law in Massachusetts that a committee be cho- 
sen in each town to superintend vaccination. 
The chief powers of local boards were to exam- 
ine into all nuisances with power to remove 
them; the widening of the conception of a 
nuisance together with the general idea of sup- 
pressing contagious diseases have rapidly en- 
larged their powers within the last twenty 
years. Thus, local, state, and national author - 



119 



HEALTH, PUBLIC, REGULATION OF 



ities have advanced simultaneously and along 
roughly parallel lines. 

Analysis of Health Activities. — Approaching 
the subject from the point of view of the func- 
tions of the public authorities having jurisdic- 
tion over health, the following classification 
should be made, all activities branching out 
from three main stems: 

( 1 ) Quarantine against contagious diseases, 
including efforts to prevent or abolish such 
diseases by: 

(a) Investigation of their causes, their prev- 
alence (vital statistics) and their location 
(tenement house inspection, factory inspection, 
etc. ) . 

(b) Compulsory isolation of the sick in hos- 
pitals and sanitaria or at home. 

(c) Free treatment and municipal nursing. 

(d) Public preventive medicine; state or na- 
tional distribution of vaccines, antitoxines, qui- 
nine, etc. ) . 

(e) Medical examination of immigrants 
and school children. 

(f ) Care of the dead; regulations concerning 
the embalming, transportation and burial. 

(g) Free municipal diagnosis laboratories 
for the detection of disease germs in sputa, 
cultures, etc. 

(2) Abatement of Nuisances, starting with 
the removal of ill-smelling matter, the suppres- 
sion of nuisances has come to include: 

(a) Provision (municipal, state or national) 
for pure water supplies and proper systems for 
the disposal of sewage, garbage, dust, ashes and 
smoke. 

(b) Suppression of offensive trades and of 
offenses against public health or public morals 
in any trade. Hence come the numerous laws 
for the ventilation of factories, for protection 
of machinery, against child labor, for the limi- 
tations of women's hours of work. 

(c) Prevention or suppression of unsanitary 
housing conditions (through building laws and 
inspectors ) . 

(d) Control of the sale and storage of ex- 
plosives, fire works, etc. 

(e) Control or suppression of the sale of 
impure foods, poisonous drugs, drugs used to 
produce abortion, tobacco (to minors), alco- 
holic liquors, unclean or diluted milk. 

(f ) Public teaching of the dangers connected 
with the use of these substances — teaching now 
extended to cover all hygiene — and the sup- 
pression of printed matter and advertisements 
detrimental to public health and public morals. 

(3) Regulation of Medical Practice (N. H. 
1875) through the examination and registra- 
tion of doctors, osteopaths, midwives and 
nurses {see Professions and Callings). 

Enforcement. — In the application of these 
complicated functions the local authorities en- 
force their regulations least, and national au- 
thorities most, while state authorities are inter- 
mediate in this respect. In 1900 the denial by 
the authorities of San Francisco and California 



that there was any bubonic plague in the state, 
compelled the national authorities, under their 
authority to prevent the interstate spread of 
contagious disease, to investigate and demon- 
strate the existence of the plague and to take 
proper measures for its suppression. This was 
a most important step; it brought national 
medicine suddenly and permanently to the 
front, demonstrated its value and authority 
and so stimulated public opinion that state and 
local authorities all over the country began to 
do better work. 

The work of the private, voluntary associa- 
tions against tuberculosis, against infant mor- 
tality, bad housing and child labor has been of 
great value in the enactment of important leg- 
islation and still more in securing its enforce- 
ment through the organization of public opin- 
ion. The labor organizations have also done 
much good in this direction. Indeed, a large 
part of recent "labor legislation" concerns the 
public health. In the factories each workman 
is sometimes a zealous volunteer inspector for 
the enforcement of factory laws relating to hy- 
giene. Medical men and medical societies have 
been slow and timid in their support of the 
health laws and health reforms of the country; 
here again the national bodies do the best and 
the local bodies the poorest work. 

Conflict of authority between different health 
officials is increasingly frequent. Minority re- 
sistance, as to vaccination or medical examina- 
tion of school children, leads to miniature riots 
or, more often, to a back-down of the health 
authorities. The powers of state health boards 
may be overridden by national authorities 
wherever (as in California in 1900) an inter- 
state health risk looms up. There are many 
such risks, since foods, drugs, contagious dis- 
eases, water supplies, offensive printed matter, 
and other dangers to public health are con- 
stantly crossing state lines. The supposed in- 
terest of a single community may lead it to 
endanger the health of many states and when 
the central government interferes bad feeling 
is aroused. Nevertheless the country is getting 
used to such assertion of authority by the na- 
tional authorities and begins to recognize their 
necessity. 

Local health boards (municipal for the most 
part) though strictly creations of the state, 
are often very jealous of anything which they 
consider interference on the part of state au- 
thorities. As a rule the state authorities rec- 
ognize this and by confining themselves to 
advisory functions, exercised in a patient and 
friendly spirit, avoid conflict. 

Degree of Success in Public Health Regula- 
tion. — The greatest triumphs of public health 
work in this country have been achieved 
through action by the nation itself — action 
carried out upon a large scale and without re- 
gard to local obstructions. Such triumphs are 
the control of malaria on the Canal Zone, the 
extermination of yellow fever in the southern 



120 



HEELERS— HENRY, PATRICK 



states and in Cuba, the curbing of hookworm 
disease in Porto Rico, the arrest of plague and 
cholera at the ports of entry, and the nation- 
wide improvements in food and drugs follow- 
ing the enactment and, enforcement of the Pure 
Food and Drug law of 1902. 

For these successes there are two main rea- 
sons. They are based on valid scientific dis- 
coveries; and they are not obstructed by local 
selfishness. The failures of public health reg- 
ulation occur under the opposite conditions, 
i. e., when there is no sufficient scientific basis 
behind the regulations or when local selfishness 
wins the day. For precisely these reasons a 
considerable part of our ill-judged, hastily- 
drafted legislation remains a dead letter. 
Medical opinion in the field of public health 
is subject to frequent sudden and be- 
wildering changes. The "science" of yester- 
day is the exploded superstition of today. 
Premature application of scientific principles 
insufficiently worked out, leads to a discredit- 
ing of all medical authority. For example the 
principles of ventilation, which were current 
five years ago and upon which a great deal of 
legislation has been based, have been altogether 
upset lately. The amount of oxygen and C0 2 
in the air is no longer believed to be important 
as an indication of good or bad ventilation. 

On the other hand, local health boards stand 
in awe of "business interests," parental preju- 
dices and other anti-social forces, which fear 
makes many well-founded health laws useless. 
These obstructions are so powerful that one of 
the best local health officers in the country now 
believes that the education of public opinion 
is his most important function, and spends a 
great deal of time and money in "publicity 
work" through lectures, newspapers, and mag- 
azines. 

Public health work will be improved as fast 
as the experts learn caution in the promulga- 
tion of half proved principles, and the public 
learns what is reliable in the motley assort- 
ment of truth, probabilities, and prejudices 
now called "hygiene." 

See Abattoirs; Baths, Public; Building 
Laws; Cemeteries; Children, Public Care 
of; Contagious Diseases; Dispensaries, 
Free; Drainage; Garbage, Removal of; Hos- 
pitals, Public; Hotels and Lodging Houses, 
Regulation of; Insane, Public Care of; 
Lodging Houses, Public; Markets, Public; 
Markets, Regulation of; Meat Inspection; 
Medicine and Surgery, Bureau of; Munici- 
pal Housing; Nuisances, Abatement of; 
Playgrounds- Poverty and Poor Relief; 
Pure Food; Quarantine; School Hygiene; 
Sewers and Sewage Disposal; Social Evil, 
Regulation of; Streets; Tenement House 
Regulation; Tobacco Legislation; Tuber- 
culosis, Care and Regulation of; Water 
Supply. 

References: F. R. Packard, History of Med- 
icine in the United States (1901), ch. x; H. I. 

121 



Bowditch, Hygiene in America (1877) ; Walter 
Wyman, Public Health Reports, XXV (1910) 
1303-1313; C. V. Chapin, "Sanitary Legisla- 
tion in the United States Enacted during 1905" 
in Rhode Island State Board of Health, Special 
Bulletin, 1905; Am. Year Book of 1911, 397, 
417, and year by year. Richard C. Cabot. 

HEELERS. The adherents of a local or 
ward political worker, whom they support in 
the primary, assist in rounding up the voters 
on election day and to whose orders they are 
always amenable — they are always at the 
"heels" of their leader. Reference: T. Roose- 
velt, "Machine Politics in New York City" in 
Am. Ideals (1897) O. C. H. 

HENCHMEN. One of the necessary ele- 
ments of a political machine — the lieutenants 
or vassals of a political boss (see), who obey 
his commands, deliver to him the support of a 
larger body of adherents and in turn receive 
political advancement or personal profit. See 
Machine, Political; Organization. 

O. C. H. 

HENRY DOCUMENTS. The correspondence 
between Sir James Craig, Governor General of 
Canada, his secretary, and Lord Liverpool, and 
John Henry, relative to Henry's investigation 
into Federalist discontent in New England. 
President Madison paid Henry $50,000 for 
these documents which were submitted to Con- 
gress, March 9, 1812, with the result that they 
increased the popular antagonism to Great 
Britain. See Federalist Party. O. C. H. 

HENRY, PATRICK. Patrick Henry was 
born at Studley, Hanover County, Virginia, 
May 29, 1736, and died at Red Hill, Charlotte 
County, Virginia, June 6, 1799. Henry's early 
training was received in his father's classical 
school near Hanover court house. He married 
early, failed as a farmer and "storekeeper," 
studied law and was admitted to the bar 
i ' 1760. He was immediately successful, and 
in 1763 won in the Parson's Cause (see) col- 
ony-wide fame as a popular speaker. The next 
year he was elected a member of the house of 
burgesses where he ardently opposed the Stamp 
Act (May, 1765), and became a leader of Vir- 
ginia. During the following decade he or- 
ganized the great up-country party which re- 
fused all compromise with the Crown and which 
committed Virginia to the Revolution in 
1774-76. Henry was a member of the first 
Continental Congress and on his return to 
Virginia he urged that the people be armed 
and himself set a warlike example by rais- 
ing a regiment of troops and leading them to 
Williamsburg where he compelled Governor 
Dunmore to pay the colonial treasury for gun- 
powder which had been taken from the colony's 
arsenal. He was now made colonel of the first 
Virginia regiment but he saw no actual mili- 



HEPBURN ACT— HIGHWAY 



tary service. As a member of the first Vir- 
ginia constitutional convention he exercised 
much influence, and was governor of the new 
commonwealth from 1776 to 1779 and again 
from 1784 to 1786. He was first of Ameri- 
can "war governors" and he exercised potent 
influence in bringing the Revolution to a suc- 
cessful issue. From 1786 to 1788 he opposed 
the formation of a stronger Federal Govern- 
ment, and he was a principal figure in the Vir- 
ginia convention of 1788 where he almost suc- 
ceeded in defeating the nationalists. But he 
gave his support to the second Washington 
administration and during the closing years of 
his life he was an ardent Federalist. See 
Revolution, American, Causes of; Revolu- 
tion, American, Significance of. References: 
W. W. Henry, Life and Writings of Patrick 
Henry ( 1891 ) ; M. C. Tyler, Patrick Henry 
(1887). W. E. D. 



HEPBURN ACT. 

MERCE AND CASES. 



See Interstate Com- 



HERMITAGE. The residence of President 
Andrew Jackson (see), near Nashville, Tenn- 
essee. O. C. H. 

HICKORY POLE CANVASS. The presiden- 
tial canvass of 1828 was so called because the 
hickory was adopted as the emblematic tree, 
and the hickory pole was the only "official" 
flag-pole of the Democratic party, adopted in 
honor of the Democratic candidate, Jackson, 
whose nickname was "Old Hickory". See Dem- 
ocratic Party; Jackson, Andrew; Old 
Hickory. 0. C. H. 

HIGHER LAW. These words were used in 
Congress by William Henry Seward (see) of 
New York, March 11, 1850, in the debates on 
the Compromise of 1850 (see). Declaring that 
the new west should be made free and not slave 
territory, he said: "The Constitution regu- 
lates our stewardship; the Constitution de- 
votes the domain to union, to justice, to de- 
fence, to welfare and to liberty. But there is 
a higher law than the Constitution, which reg- 
ulates our authority over the domain, and de- 
votes it to the same noble purposes. The terri- 
tory is a part, no inconsiderable part, of the 
common heritage of mankind, bestowed upon 
them by the Creator of the Universe." These 
words were afterwards used as terms of re- 
proach to the anti-slavery men on the ground 
that they implied that "higher law" should be 
obeyed and the constitutional rights of the 
South disregarded. See Slavery Controversy. 
References: T. K. Lothrop, William Henry Sew- 
ard (1899), 86-89; J. F. Rhodes, Hist, of U. 
8., I (1893), 165-164. A. C. McL. 

HIGH-MINDED FEDERALISTS. A con- 



New York which, in 1820, refused to support 
the Clintonions with whom they had practi- 
cally been fused after 1815 — so called because 
they continually referred to themselves as 
"high-minded men." See Federalist Party. 

0. C. H. 

HIGH SCHOOLS. See Schools, High. 

HIGH SCHOOLS, COMMERCIAL. See 

Schools, High, Commercial. 

HIGH SCHOOLS, MECHANIC ARTS. See 
Schools, High, Mechanic Arts. 

HIGH SCHOOLS, TOWNSHIP. See 

Schools, High, Township. 

HIGH SEAS. The high or open seas is that 
part of the water area of the earth which is 
beyond the exclusive jurisdiction of any state; 
not to be appropriated by any state but open 
to all. The high sea is now generally held to 
include the water beyond the three-mile limit 
or marine league from the low water mark. 
This limit is based upon the theory put forth 
by Bynkershoek in 1702 to the effect that 
control over the adjacent waters could be 
claimed so far as it could be effectively ex- 
ercised by the force of arms, which was in his 
day the three nautical mile range of cannon. 
The British Territorial Waters Jurisdiction 
Act of 1878 adopted the principle for Great 
Britain. 

This limit is now recognized, generally, al- 
though extended claims to jurisdiction over 
wide areas of open water have been made 
before and since Bynkershoek's proposition. In 
early times popes sometimes granted great 
water areas to sovereigns; Louis XIV claimed 
the Mediterranean; England, the neighboring 
seas; Venice, the Adriatic; the United States, 
so late as 1893 claimed special jurisdiction over . 
Bering Sea (see), which was not admitted by 
arbitrators. 

For purposes of admiralty jurisdiction of a 
state over its domestic affairs, the high seas 
includes all waters of the ocean or enclosed 
seas beyond the low water mark; while for in- 
ternational law the limit of the high seas 
would be a marine league farther out into the 
ocean. 

See Admiralty; Extraterritorialty ; Seal 
Fisheries; Three-Mile Limit; Vessels; 
Water Boundaries. 

References: J. B. Moore, Digest of Int. Law 
(1906), I, 741, II, 886; U. S. v. Rodgers (150 
U. S. 249). George G. Wilson. 

HIGHWAY. Name applied to public roads, 
probably because the English roads were 
banked up by throwing in material from the 
ditches. In many states highway is the ordi- 



temptuous nickname given a small division nary term used in statutes for designating pub- 
among the remnant of the Federalist party in I lie avenues of transit; there are highway com- 

122 



HIGHWAY COMMISSIONER, STATE— HILL, JAMES JEROME 



missioners, highway surveyors, etc. See 
Roads; Steeets. A. B. H. 

HIGHWAY COMMISSIONER, STATE. The 

state highway commissioner is a necessary 
part of the good roads movement ( see ) . The 
commissioner is usually appointed by the gov- 
ernor, and has extensive powers over formu- 
lating plans and administering funds for 
roads. With the increase in state construc- 
tion of roads, the commissioner's duties are 
greatly increasing. He maps the roads of the 
state, ascertains the amount of traffic, decides 
what roads shall be constructed or repaired 
by the state, and cooperates with the local 
authorities in many road problems. Experi- 
ments in road-making by the state are usually 
under the immediate direction of the state 
commissioner. See County Government; 
Roads; Streets; Towns and Townships. 
References: Department of Agriculture, Office 
of Good Roads, Reports, Circulars, etc.; stat- 
utes of different states. T. N. H. 

HILDRETH, RICHARD. Richard Hildreth 
(1807-1865), historian and publicist, was 
born at Deerfield, Mass., June 22, 1807. In 
1830 he was admitted to the bar, and practiced 
for two years at Newburyport and Boston. 
In 1832 he became associate editor of the Bos- 
ton Atlas, a daily paper, the organ of Rufus 
Choate, Caleb Cushing, and other leaders of 
the rising Whig party. Here his editorial 
contributions attracted wide attention. In the 
winter of 1837-38 he was Washington cor- 
respondent of the Atlas. In 1840 he supported 
the candidacy of W. H. Harrison, and wrote 
Harrison's campaign biography. His health 
requiring a milder climate; he went, in 1840, 
to Demerara, British Guiana, where he edited 
the Guiana Chronicle and Royal Gazette, news- 
papers which favored the abolition of slavery 
by Great Britain; and also compiled the col- 
ony laws. Later he was a member of the staff 
of the New York Tribune. In 1861 he was ap- 
pointed consul at Trieste. He died at Florence, 
Italy, July 11, 1865. A prolific writer on poli- 
tics and history, his fame rests principally up- 
on his History of the United States ( 6 vols., N. 
Y., 1849-56 ) , the first comprehensive narrative 
on a large scale. It is a monument of learning 
and research, written, however, in an annalis- 
tic style, and with a Federalist basis. The nar- 
rative ends with 1812. Of his other writings 
the best known are: Despotism in America 
(.1854), Theory of Politics (1853), Life of 
William Henry Harrison (1839), The Slave; 
or Memoirs of Archy Moore (7th ed., 1845), 
reissued as The White Slave (1852). 

W. MacD. 

HILL, DAVID B. David B.Hill (1843-1910), 
born in Havana, N. Y., August 29, 1843, 
first achieved influence in the politics of New 
York as a lieutenant of Samuel J. Til den. 



In 1871 and 1872 he was a member of 
the New York assembly, and in 1882 he was 
elected by the Democrats to the lieutenant- 
governorship of the state. Upon Cleveland's 
resignation of the governorship in January, 
1885, in anticipation of his assumption of the 
presidency, Hill succeeded to the higher office, 
and to it he was elected for a full term in the 
same year and again in 1888. From 1891 to 
1897 he was a member of the United States 
Senate. In 1892 he received the support of 
the New York delegation for the Democratic 
presidential nomination, but the tide of public 
favor could not be turned from Cleveland. In 
1894 Hill was defeated for the governorship 
of New York by Levi P. Morton. In 1896 he 
opposed the Bryan silver plank of the Demo- 
cratic platform, but in 1900 he was one of 
those who seconded the nomination of Bryan 
at the Kansas City convention. Upon the 
last-mentioned occasion he might have received 
without contest the vice-presidential nomina- 
tion, but he refused to permit his name to be 
used. He died at Albany, October 20, 1910. 
See Democratic Party; New York. 

F. A. O. 

HILL, JAMES JEROME. James J. Hill 
(1838) was born near Guelph, Ont., Sep- 
tember 16, 1838. From 1856 to 1865 he worked 
in steamboat offices at St. Paul, Minn. In 1865 
he became agent of the Northwestern Packet 
Company, and in 1879 formed the Red River 
Transportation Company, "the first to open 
communication between St Paul and Winne- 
peg." In the meantime he had, through a 
syndicate, got control of the St. Paul and Pa- 
cific Railroad, reorganized as the St. Paul, 
Minneapolis and Manitoba Railway Company. 
Of this road he was general manager from 
1879 to 1882, then vice-president, and after 
1883 president. His next undertaking was the 
Great Northern Railway, of which he was the 
chief promoter and builder, and in which the 
St. Paul, Minneapolis and Manitoba Railway 
Company was merged in 1890. In 1893 he 
became president of the Great Northern sys- 
tem, a position which he held until 1907, 
when he retired, retaining, however, the chair- 
manship of the board of directors. He was the 
chief agent in the organization of the North- 
ern Securities Company, chartered November 
13, 1901, to control the Great Northern and 
Northern Pacific railroads. Such control was 
held by the United States circuit court for the 
district of Minnesota to be in violation of the 
anti-trust act of 1890; and in 1904 the judg- 
ment was affirmed by the supreme court 
(Northern Securities Company vs. United 
States, 193 U. S. 197). In addition to his 
services as railroad builder and promoter, he 
has interested himself in the agricultural and 
commercial development of the Northwest, par- 
ticularly in Minnesota, Oregon and Washing- 
ton. See Northern Securities Case; Rail- 



57 



123 



HITCHCOCK, FEANK HARRIS— HOLDING COMPANIES 



roads, Regulation of. References: M. H. 
Severance, "Character Sketch of the President 
of the Great Northern Railroad" in Review of 
Reviews, XXI (1900), 669-678; J. Moody and 
G. K. Turner, "Multimillionaires of the Great 
Northern System" in McClure's, XXXVI 
(1910), 123-140. W. MacD. 

HITCHCOCK, FRANK HARRIS. Frank H. 
Hitchcock (1867- ) was born at Amherst, 
Ohio, October 5, 1867. In 1894 he was admit- 
ted to the bar of the District of Columbia, and 
in the same year was appointed chief of the 
division of foreign markets in the Department 
of Agriculture. In 1903 he was made chief 
clerk of the Department of Commerce and 
Labor. In the campaign of 1904 he was assist- 
ant secretary of the Republican national com- 
mittee, and in 1905 was appointed First As- 
sistant Postmaster General. As chairman of 
the Republican national committee in 1908, he 
directed the presidential campaign of that 
year. In 1909 he was appointed Postmaster 
General, retiring March 4, 1913. The establish- 
ment of postal savings banks and a parcel 
post, together with the inauguration of some 
important reforms in the business methods of 
the Department, were among the fruits of his 
administration; but his extreme economies 
caused the domestic postal service as a whole 
to deteriorate, especially in the larger cities. 
See Postal System of the United States. 

W. MacD. 

HOAR, GEORGE FRISBIE. George F. 
Hoar (1826-1904) was born at Concord, 
Mass., August 24, 1826. He was admitted to 
the bar and began practice at Worcester. In 
1852 he was elected to the Massachusetts house 
of representatives as a Whig, and in 1857 en- 
tered the state senate as a Republican. In 
1869 he was elected to Congress, holding his 
seat in the House until 1877. In the Belknap 
impeachment, in 1876, he was one of the man- 
agers on the part of the House; and he also 
served as a member of the Electoral Commis- 
sion of 1877. In the latter year he was elected 
United States Senator, and held the office con- 
tinuously until his death. Throughout most 
of his career he was a strong supporter of Re- 
publican policies, but he was admittedly a 
statesman rather than a politician, and took 
high rank as a constitutional lawyer. He was 
chairman of the Massachusetts Republican 
conventons of 1871, 1877, 1882 and 1885, a 
delegate to the national conventions from 1876 
onward, and chairman of the convention of 
1880. After the war with Spain, in 1898, he 
sided with the anti-imperialists. He died at 
Worcester, September 30, 1904. See Republi- 
can Party; Senate of the United States. 
References: G. F. Hoar, Autobiography of Sev- 
enty Years (1903) ; E. E. Sparks, National 
Development (1907) ; D. R. Dewey, National 
Problems ( 1907 ) ; J. H. Latane, Am. as a 



World Power ( 1907 ) ; H. C. Lodge, "Senator 
Hoar" in A Frontier, Town and Other Essays 
(1906). W. MacD. 

HOBBES, THOMAS. See Political The- 
ories of English Publicists. 

HOLDING COMPANIES. A holding com- 
pany is a corporation organized for the pur- 
pose of acquiring the stocks and other securi- 
ties of other companies. These securities are 
obtained either by direct exchange of its own 
stocks and bonds, or by their sale for cash, 
which is then used to purchase the desired se- 
curities. The ownership of the stocks of vari- 
ous companies gives to the holding company 
the right to elect their boards of directors and 
so to dominate their policy. Whenever, for 
any reason, it is desired to unite two or more 
corporations, and where the laws prevent di- 
rect union, the holding company is the device 
most frequently employed. 

The principal use of the holding company 
in the United States has been to effect a com- 
bination of allied enterprises, which could not 
be accomplished by the use of any one of the 
corporations which it is intended to include 
(see Trusts). Holding companies are also 
organized for purely financial reasons. Ex- 
amples of the financial holding company are 
the Electric Bond and Share Company, and the 
Electrical Securities Company, both controlled 
by the General Electric Company. These com- 
panies advance money to new projects — water 
power and electric railway developments — tak- 
ing in payment the securities of these new 
companies. They use these securities as col- 
lateral for loans, and by the ownership of 
stock, control the management of these various 
enterprises. The North American Company 
and the American Cities Service Company are 
other examples of holding corporations organ- 
ized to own stocks of public service corpora- 
tions located in different cities. These compa- 
nies finance the purchases of stocks by pledg- 
ing the stocks and such bonds as they may 
receive in return for cash advances to their 
subsidiaries as collateral for long time liens. 
The number of these companies is increasing 
and a demand has arisen in some quarters for 
their prohibition. 

See Franchises, Corporation, Financial 
Aspects of; Franchises, Corporation, Legal 
Aspects of; Publicity of Corporate Ac- 
counts; Trusts. 

References: W. Z. Ripley, Trusts, Pools and 
Corporations (1905), ch. xiv, "The Security 
Holding Company" in World's Work, III 
(June, 1902), 1,927; E. S. Mead, Corporation 
Finance (1910), ch. xxix, 346-375, Trust Fi- 
nance (1903), ch. iii, 25-46; J. H. Jenks, 
Trust Problem (1900); E. L. von Halle, 
Trusts; or Industrial Combinations and Coali- 
tions in the United States (1895). 

Edward S. Mead. 



124 



HOLIDAYS, LEGAL— HOLY ROMAN EMPIRE 



HOLIDAYS, LEGAL. These are designated 
by statute and vary greatly in the different 
states. There are no annual legal national 
holidays, not even the Fourth of July, though 
Congress has several times declared special 
days to be holidays for that time. The Presi- 
dent's proclamation of Thanksgiving Day 
makes it a legal holiday only in the District 
of Columbia. Mississippi is the only state 
that has no statutory holidays, though three 
are observed by common consent. The govern- 
or of a state is usually given power to desig- 
nate certain days as holidays by proclamation. 
Statutes regulate to some extent also the prop- 
er observance of the holidays they designate, 
but not as strictly as Sunday {see Sunday 
Legislation), and a holiday is not at common 
law like Sunday a dies non juridicus. Statutes 
usually provide merely for suspension of judi- 
cial proceedings, for presentation and protest 
of commercial paper on the next secular day, 
suspension of business in public offices, and 
for regulation of the sale of liquor. All busi- 
ness may be transacted on holidays except that 
expressly forbidden. See Business, Govern- 
ment Restriction of; Labor, Protection to; 
Sunday Legislation. References: Am. and 
Eng. Encycl. of Laio (2d ed., 1904), 386; an- 
nual list of holidays in World Almanac. 

S. McC. L. 

HOLLAND PURCHASE. New York and 
Massachusetts claimed the land in what is 
now western New York. The dispute was 
amicably settled in 1786, New York receiving 
the jurisdiction and Massachusetts the pre- 
emption of a large part of the area in question. 
The latter disposed of her rights and eventu 
ally a large tract passed into the hands of a 
company formed in Holland which proceeded 
to survey and dispose of its holdings. See 
Public Lands, State. References: J. H. 
Hotchkin, Hist, of the Purchase and Settle- 
ment of Western New York (1848) ; F. 
Bancroft, William H. Seward (1909), I. 

P. J. T. 

HOLST, HERMANN EDWARD VON. Her- 
mann E. von Hoist (1841-1904) was born at 
Fellin, Livonia, June 19, 1841. He studied at 
the universities of Dorpat and Heidelberg, and 
in 1867 came to the United States, where for 
several years he was engaged in journalism. 
He became professor of history at the new 
university at Strassburg in 1872, and at Frei- 
burg in 1874, holding the latter professorship 
until 1892. During his professoriate he was, 
also, for ten years a member of the first cham- 
ber of the Baden Landtag, and for four years 
its vice-president. He was also tutor of the 
crown prince of Baden. He studied at London 
in 1876, and in 1878-79 again visited the Unit- 
ed States. In 1892 he became professor of 
history in the University of Chicago, resigning 
in 1900. He died at Freiburg, January 20, 



125 



1904. His Constitutional and Political History 
of the United States (8 vols., 1877-92, rev. ed., 
1899), covering the years 1787-1861, but deal- 
ing chiefly with the decade 1850-60, is a pro- 
found discussion, from the anti-slavery point 
of view, of slavery and state rights on their 
political and constitutional sides. He also 
wrote a life of Calhoun for the American 
Statesmen series (rev. ed., 1899), and Consti- 
tutional Law of the United States ( 1887 ) . See 
Popular Government. References: A. B. 
Hart in Nation, LXXVIII (1904), 65-67; L. 
Hammond in Review of Reviews, XXIX, 
(1904), 321, 322. W. MacD. 

HOLY ALLIANCE. After the overthrow of 
Napoleon in 1815, the sovereigns of Russia, 
Austria and Prussia formed, at Paris, a league 
called the Holy Alliance whose ostensible pur- 
pose was subordination of politics to Christian 
principles, but whose real later purpose was 
to support European governments in suppress- 
ing revolutionary and reform agitations. In 
1818, France became a party. England, al- 
though invited to join, declined. 

In 1819, the United States received an un- 
official invitation to join. No explicit refusal 
was ever given; but in 1820 the President, who 
approved the general principles, stated that 
his formal acceptance was not admissible under 
the organization of the government. 

The attempt of the Alliance to extend its 
operations to America in 1823 was prevented 
by the Monroe Doctrine and the attitude of 
England. Its authority in Europe continuing 
to decline, especially after the Congress of 
Troppau in 1820, was finally terminated by the 
spirit of the age which it sought to control, 
and by the Greek revolution which did not fit 
in with the principles of the Alliance. See 
Balance of Power ; Concert of Powers ; 
Good Offices and International Congresses 
and Conferences; Mediation; Intervention; 
Monroe Doctrine; Neutrality, Principles 
of; States, Equality of; War, Interna- 
tional Relations in. References: J. Q. 
Adams, Memoirs (1874), III, 506, IV, 394, 
404; VI, 117, 185-186, 197, 207, 226; J. B. 
Moore, Digest of Int. Law (1906), VI, 374- 
379; No. Am. Rev., XVII (1823), 340-375; 
C A. Fyfe, Hist, of Mod. Europe (pop. ed., 
1896), 408-10; E. Hertslet, Map of Europe by 
Treaty (1875). J. M. Callahan. 

HOLY ROMAN EMPIRE. While the 
coronation of Charles the Great as Emperor of 
the Romans, which took place in 800 A. D., 
must in all strictness be assigned as the begin- 
ning of the Holy Roman Empire, the new life 
and vigor injected into it by Otto the Great, in 
962, must be regarded as of even greater mo- 
ment than the founding of it. The most im- 
portant act of Otto's life was his assumption of 
the Lombard and imperial crown. His succes- 
sors steadily followed his example, and the 



HOME RULE FOR CITIES— HONDURAS 



sovereign crowned at Aix-la-Chapelle claimed, 
as his right, coronation by the pope in Rome. 
There developed the idea of a Holy Roman 
Empire, conceived as the continuation of the 
ancient empire, called "holy" because so inti- 
mately connected with the Roman church, 
whose protection constituted its chief task. 
It was called the "Holy Roman Empire of the 
German Nation" because the king of the Ger- 
mans was chosen head of the empire, who bore 
his title through his imperial coronation but 
received his power by reason of his being king 
of the Germans. At the best, the Holy Roman 
Empire was an ideal rather than an accom- 
plished fact. Composed of a loose aggregation 
of more than 300 petty states, divided by po- 
litical and ecclesiastical lines and torn by in- 
ternal faction, the empire was a hotbed of un- 
rest. The power of the emperor was exceed- 
ingly small. Obedience on the part of the 
states could be secured ultimately only by mak- 
ing war on them. Unable to protect its own 
frontier or to ensure domestic peace, it 
crumbled on the abdication of Francis I, in 
1806. References: T. T. Tout, The Empire and 
the Papacy (1903) ; J. Bryce, Holy Roman 
Empire ( 1905 ) ; S. Turner, Germanic Constitu- 
tions (1888). B. E. H. 

HOME RULE FOR CITIES. See Chartees, 
Municipal; City and the State; Commission 
System of City Government; Municipal 
Government. 

HOMESTEAD EXEMPTIONS. It is cus- 
tomary to provide, either by statute or by 
constitution, that real estate of a certain 
amount occupied as a homestead shall be ex- 
empt from sale on execution or any other final 
process from any court. Generally such prop- 
erty is not, however, exempt from sale for tax- 
es or public assessments, or for the payment of 
obligations contracted for the purchase of the 
premises. Provisions concerning the mortgag- 
ing of homesteads differ as do the provisions 
concerning the amount of property exempted. 
In Alabama, for example, "every homestead 
not exceeding eighty acres and the dwellings 
and appurtenances thereon" is exempt if the 
property is not in any city, town or village; 
or in lieu thereof any lot in any city, town or 
village with its dwellings and appurtenances 
owned and occupied by a citizen and not ex- 
ceeding two thousand dollars in value is ex- 
empt. In Florida the limit is one hundred and 
sixty acres in the country or one-half an acre 
in a town or city. In Texas the limits are 
respectively two hundred acres and lots not 
over five thousand dollars in value. Some of 
the constitutions which do not make explicit 
reservation direct the legislature to do so. In 
Michigan a homestead of not over forty acres 
and the appurtenances selected by the owner 
are exempt, or, instead thereof, a lot or portion 
of a lot with the dwelling not exceeding in 



value fifteen hundred dollars; the exemption 
does not extend to a mortgage thereon, law- 
fully obtained. See Taxation, Exemptions 
from; Wage Earners Made Preferred Cred- 
itors. References: S. D. Thompson, Home- 
stead and Exemption Lams (1878) ; State con- 
stitutions in F. N. Thorpe, Constitutions and 
Charters (1909), passim. A. C. McL. 

HOMESTEADS ON PUBLIC LANDS. The 

act of May 20, 1862, as amended, provides for 
free homesteads under certain conditions. 
Every person who is the head of a family, or 
is twenty-one years of age and a citizen 
of the United States, or who has filed his dec- 
laration of intention to become such, is enti- 
tled to enter one quarter-section of unappropri- 
ated public lands. Under certain conditions 
a married woman may take up a homestead, 
but no person owning more than 160 acres of 
land in the United States is eligible. 

A patent issues on proof of residence and 
cultivation for three years. Six months is al- 
lowed for establishing residence. Residence 
means a continuous maintenance of a home 
on the land entered, while the improvement and 
cultivation must show the good faith of the 
entryman. A leave of absence of one year or 
less may be granted in certain cases. Veterans 
of the Civil and Spanish wars and the Phil- 
ippine Insurrection may count their years of 
service toward the period of residence. 

After fourteen months residence the entry 
may be commuted, in most cases, by the pay- 
ment of $1.25 an acre, or $2.50 if within a 
railroad grant. The act of Feb. 19, 1909, pro- 
vided for enlarged homesteads of 320 acres 
of non-irrigable land suitable for "dry farm- 
ing," one-fourth of which must be cultivated 
within two years. The total homestead entries 
to June 30, 1912, were 127,846,424 acres. 

See Bounties to Soldiers and Sailors; 
Patents to Land ; Public Lands, Preemption 
of; Tree Claims. 

References: Thomas Donaldson, Public Do- 
main (1884), 332-356; Public Lands Commis- 
sion, Report, 1905; General Land Office, Sug- 
gestions to Homesteaders and Persons Desiring 
to Make Homestead Entries (1910); T. B. 
Sanborn, "Some Political Aspects of Home- 
stead Legislation" in Am. Hist. Rev., October, 
1900. Payson J. Treat. 

HONDURAS. Honduras, originally part of 
the captain-generalcy of Guatemala, later of the 
viceroyalty of New Spain, declared, with Cen- 
tral America (see), independence from Spain 
in 1821, and withdrew finally from that federa- 
tion in 1838. The republic lies between lati- 
tude 13° 10' and 16° north, and longitude 83° 
20' and 89° 30' west (Greenwich), with an 
area of 46,250 square miles, and a population 
of about 745,000, slightly over 16 per square 
mile. The present constitution (1894) pro- 
vides for a unicameral legislative system, 



126 



HONEST GRAFT— HOTELS AND LODGING HOUSES, REGULATION OF 



called chamber of deputies {Camara de Dipu- 
tados ) , one deputy for each 10,000 inhabitants, 
elected by direct vote for a term of four 
years, renewed by halves every two years. 
Suffrage is compulsory for those who can read 
and write. A president and a vice-president 
are elected by direct vote for a term of four 
years. The cabinet consists of five ministers: 
of foreign relations, government and justice; 
of war; of finance and public credit; of pro- 
motion (Fomento) ; of public instruction. 
There is a national supreme court of five jus- 
tices elected by popular vote for a period of 
four years; minor justices are appointed by 
the supreme court. There are seventeen depart- 
ments and one territory. The territory of Mos- 
quitia is on the east coast, and was the home 
of the Mosquito Indians. The Bay Islands 
north of Honduras belong to the republic. The 
capital is Tegucigalpa. State religion is Rom- 
an Catholic. References: J. I. Rodriguez, Am. 
Constitutions (1905), I, 359-390; Pan Amer- 
ican Union, Publications. Albert Hale. 

HONEST GRAFT. A phrase of recent origin 
signifying the activities of public officials in 
securing favors and sinecure offices for friends, 
in contradistinction to "graft" in the sense of 
illegal extortion of public funds. See Graft. 

O. C. H. 

HONEST OLD ABE. A nickname of affec- 
tion universally bestowed in the North upon 
Abraham Lincoln (see) because of his unim- 
peachable integrity. Often popularly contract- 
ed to Old Abe. O. C. H. 

HOPKINS, STEPHEN. Stephen Hopkins 
(1707-1785) was born at Scituate, R. I., 
March 7, 1707. From 1732 to 1738 he was a 
member of the assembly, and from 1736 to 
1739 a justice of the court of common pleas. 
In the latter year he was made chief justice. 
In 1741 he was speaker of the house, and from 
1742. sat in the assembly from Providence, to 
which town he had removed. In 1751 he be- 
came chief justice of the superior court. He 
was a delegate to the Albany congress in 1754, 
and one of the committee which drafted the 
plan of colonial union. From 1756 to 1764 
he was governor of Rhode Island, and was 
again elected in 1767. In the controversy with 
the mother country he was a staunch defend- 
er of colonial privileges, and in 1764 published 
a pamphlet, The Rights of Colonies Examined, 
which was reprinted in London in 1766. From 
1772 to 1775, and 1777 to 1779, he was in the 
assembly, and from 1774 to 1776, and in 1778, 
a member of the Continental Congress. He 
signed the Declaration of Independence, and 
was a member of the committee which drafted 
the Articles of Confederation. While serving 
as a member of the assembly and of Congress, 
he continued to act as chief justice, being re- 
appointed in 1773. He died at Providence, 



July 13, 1785. See Declaration of Independ- 
ence. Reference: W. E. Foster, Stephen Hop- 
kins (1884). W. MacD. 

HOSPITALS, PUBLIC. The Government 

does not maintain public hospitals in the ordi- 
nary sense — that is, there is no Government 
hospital corresponding to the public hospitals 
maintained by all municipalities. The govern- 
ment supports many hospitals for some of its 
officers and employees, such as the Army hospi- 
tals, the naval hospitals and marine hospitals. 
It also maintains hospitals for tuberculosis, 
leprosy, for the insane, for sick immigrants, 
and other special purposes. Thus the Govern- 
ment maintains 22 marine hospitals for sick 
and disabled seamen of the merchant marine at 
the various' coast, lake and river ports. The 
Army and Navy each have numerous hospitals 
at all forts, garrisoned posts, navy yards, and 
other stations, the beneficiaries of which are 
the officers and enlisted men of these respective 
services. The Army Medical Corps also has 
general hospitals at Fort Bayard, New Mexico 
for the treatment of cases of pulmonary tuber- 
culosis, and the Walter Reed General Hospital 
at Tacoma Park, Washington, D. C, and a 
General Hospital at San Francisco which acts 
as a base hospital for the Philippine Islands. 
There is a combined Army i.nd Navy Hospital 
at Hot Springs, Arkansas, for the treatment 
of rheumatic cases and such other cases as are 
benefited by hydrotherapy. 

The Department of the Interior has charge 
of the Government (St. Elizabeth's) Hospital 
for the insane situated at Anacostia, near 
Washington, D. C, accommodating about 3,000 
patients. In addition to these, the Public 
Health Service maintains a tuberculosis sana- 
torium at Fort Stanton, New Mexico. The 
Army has a similar sanatorium at Fort Bay- 
ard, New Mexico, and cases of tuberculosis oc- 
curring in the naval service are admitted to 
the hospital at Las Animas, Colorado. These 
special public hospitals serve a particular pur- 
pose in helping to prevent the spread of tuber- 
culosis. The Government also maintains a 
large hospital at Ellis Island for the care and 
treatment of arriving immigrants. This hos- 
pital is maintained for the comfort of immi- 
grants too sick to proceed farther, or for the 
temporary care and detention of those who 
have diseases needing observation in order to 
determine whether they should be excluded 
under the immigration laws. 

Admission to all the hospitals is limited by 
law and regulations to certain beneficiaries 
who are specifically described in detail in each 
instance. 

See Health, Public Regulation of. 

M. J. Rosenau. 

HOTELS AND LODGING HOUSES, REG- 
ULATION OF. What constitutes a hotel varies 
in different states, and even for different pur- 



127 



HOUR RULE— HOUSE OF COMMONS 



poses in the same state. In New York, for ex- 
ample, a hotel for the purposes of the building 
law is one thing, for purposes of the liquor tax 
law another. Making allowance for local varia- 
tions, a hotel may be said to be a building in 
which people are lodged for hire and provided 
with meals. It is differentiated from the 
boarding house only by its larger size. In some 
states a hotel is arbitrarily defined as a build- 
ing in which there are more than fifteen sleep- 
ing rooms above the ground floor. 

The efforts at regulation of hotels have con- 
cerned themselves chiefly with fire prevention, 
limitation of height, means of egress, and 
rights of travellers. In a few places where 
land values are high a slight effort has been 
made to control the amount of land that may 
be built upon by restrictions which have often 
been vague and inadequate. In general, little 
effort has been made to ensure the provision 
of proper light and air for such buildings. 

The principal varieties of hotels and lodging 
houses recognized by the law are as follows: 

( 1 ) The apartment hotel is a combination 
of hotel and apartment house, in which fam- 
ilies live in suites of from two to ten rooms 
as in apartment houses, but do no cooking. 
Transients are not received. Though such a 
building is essentially an apartment house 
and should be subject to the same regulation 
as to construction and use, it has been treated 
as an ordinary hotel. 

(2) The "kitchenette apartment" is a re- 
cent variant of this type. It generally consists 
of suites of two or three rooms, a parlor and 
bedrooms and "kitchenette" — a small room 
about the size of a pantry in which light cook- 
ing is done for breakfast and lunch. This 
from the point of view of legal regulation is 
essentially an apartment house and so regu- 
lated in most cities. 

(3) The "bachelor apartment" is similar to 
the kitchenette apartment, minus the kitchen- 
ette and limited to men's occupancy. It con- 
sists of suites of two, three, or even four rooms 
and bath, but no cooking is done anywhere on 
the premises. This type of house is treated 
as is any other hotel. 

(4) An interesting illustration of how the 
effort to regulate may beget other evils is 
found in the so-called "Raines law hotel" in 
New York state. Here, in enacting a new ex- 
cise law, in dealing with the restriction of the 
sale of liquor on Sundays, it was found expedi- 
ent to exempt hotels from its operation. In 
defining hotels for the purposes of the act, the 
standard was set at a building having ten bed- 
rooms and a common dining room. Immedi- 
ately there sprang up thousands of saloons 
with these attachments calling themselves ho- 
tels, thus meeting the law's requirements and 
thereby securing the valuable privilege of Sun- 
day opening. Having these bed-rooms, the ne- 
cessity of letting them soon became apparent, 
and there developed the iniquitous "Raines 



law hotel" — a saloon combined with a house 
of assignation. 

As marking the extremes to which efforts at 
regulation of hotels have gone in this country, 
may be cited the old Connecticut blue laws 
when the selectmen of the town determined 
who were fit to be "tavern-keepers," and the 
recent fantastic legislation regulating the 
length of bed sheets in buildings of this class. 

See Building Laws; Fire Limits; Lodging 
Houses, Public; Model Dwellings; Munici- 
pal Housing. Lawrence Veiller. 

HOUR RULE. The hour rule (Rule XIV, 
If 2, adopted in 1841) is one of the rules of 
Congress governing debate. It provides that 
no member shall ocupy more than one hour in 
debate on any question. This rule is employed 
to give the control of a general debate on a 
measure to the member reporting the measure 
from committee. In practice he usually yields 
the floor for the greater portion of his time to 
other members for short speeches, retaining 
the power to move the previous question (see) 
at the close of his hour, and thus to expedite 
action on his measure. See Congress ; Parlia- 
mentary Law; Rules of Congress; Rules of 
Legislative Bodies. A. N. H. 

HOUSE OF COMMONS. As constituted 
since the extension of the franchise in 1884 
and the Redistribution of Seats Act of 1885, 
the House of Commons consists of 670 mem- 
bers. Between the Union with Ireland in 1801 
and the Reform Act of 1832 the number was 
658, of whom 513 were from England and 
Wales, 45 from Scotland, and 101 from Ireland. 
In the Reform Act of 1832 the number was 
again fixed at 658 — England and Wales, 500, 
Scotland 53 and Ireland 105. No change in 
numbers was made in 1867. At the last re- 
distribution of seats in 1885, 103 small 
boroughs, which had survived the Reform 
Acts of 1832 and 1867, were thrown into 
the new county divisions of which many were 
created in the more populous counties, and 
with this change disappeared the old distinc- 
tions between knights of the shire and members 
from boroughs or cities, which dated back to 
the beginning of the representative system in 
1295. The number of members was fixed by 
the Redistribution Act of 1885 at 670, the dis- 
tribution being : England and Wales, 495 ; Scot- 
land, 72; Ireland, 103. Included in these 
are nine members from the universities: two 
each from Oxford and Cambridge, two from 
Dublin, one from the University of London; 
and two from the Scotch universities — Glas- 
gow and Aberdeen, and Edinburgh and St. 
Andrews. The University of London and the 
Scotch universities first came into the repre- 
sentative system in 1867. 

There were eighty-five avenues to the par- 
liamentary franchise during the last century 
of the unreformed House of Commons. There 



128 



HOUSE OF GOVERNORS— HOUSE OF REPRESENTATIVES 



was no uniformity in borough franchises. In 
some the right was in the freemen, in others 
in the burgage holders; in other potwallopers — 
all men who could prove that they were self- 
sustaining — could vote; but most of the qualifi- 
cations were creations of the ingenuity of law- 
yers under the Forty-Shilling Freehold Act of 
1430. Three reform acts have done much to 
simplify the franchise. In 1832 the county 
franchise was extended to copyholders and fifty- 
pound leaseholders; and the borough franchise 
to occupiers of houses of a rateable value of ten 
pounds a year. Practically all male house- 
holders in boroughs were enfranchised in 1867 
and in 1884 a similar franchise was extended 
to householders in the counties. In boroughs 
the franchise is based on occupation and pay- 
ment of rates. The mass of electors in county 
divisions vote as occupiers; but voters in re- 
spect of freehold land of a value of ten pounds 
a year need not be occupiers or even residents 
in a division, and it is under this franchise 
that tens of thousands of plural voters can 
come into a division at an election. On the 
registers in service at the general elections of 
1910, there were 608,270 ownership voters and 
48,134 university voters; but it has never been 
practicable to ascertain how many of these 
were plural voters. Instances are recorded of 
men voting in 17 or 18 different parliamentary 
divisions at one general election. University 
electors are men who have taken an M. A. de- 
gree. Their votes may be sent by mail. Serv- 
ice voters are men occupying rooms as part of 
their duty to their employers. Lodgers may 
claim a vote if they occupy rooms of a rental 
value of £10 a year — exclusive of service; but 
in 1910 there were only 281,258 lodger voters 
in the United Kingdom. Occupation of house 



or rooms must be for twelve calendar months 
before July 15 of each year, when the work of 
compiling the registers is begun preparatory 
to the public sessions of the revising barris- 
ters. The total number of electors in 1910 was 
7,705,717; and at the general election in De- 
cember — taken on a register nearly eighteen 
months old — the number of votes cast was 
6,189, 369. 

See Cabinet Government; Parliament; 
Party Government in Great Britain. 

References: N. R. Anson, Law and Custom 
of the Constitution (4th ed., 1909),. ch. iv.; 
E. Porritt, Unreformed House of Commons 
(1903), I, ch. i-vi. ; Liberal Year Book, 1911, 
"Electoral Statistics," 187-200; A. L. Lowell, 
The Government of England ( 1908 ) , I, ch. ix. 
Edward Porritt. 

HOUSE OF GOVERNORS. The House of 
Governors is an outgrowth of the Conference 
of Governors (see). At the meeting in Ken- 
tucky, in 1910, several governors suggested a 
permanent organization, which by the fall of 
1911, became popularly known as the House 
of Governors. It is the hope of the governors 
to make it a sort of fourth department of the 
Federal Government, with financial support 
from the states. If these plans are carried out, 
it will be a great extension of state power over 
the "twilight zone" (see). At present, the 
chief value of such an organization is acquain- 
tance and exchange of ideas; as a part of gov- 
ernment machinery it is difficult to adjust. 
See Governor; Governors, Conference of; 
Uniform Legislation. References: Confer- 
ence of Governors, Annual Reports; Outlook, 
XCIX (1911), passim; Am, Year Book, 1910, 
and year by year. T. N. H. 



HOUSE OF REPRESENTATIVES 



-Powers. — The House of Representatives, 
commonly known as "the House," represents 
population as the Senate represents the states. 
Its legislative powers are identical with those 
of the Senate; for the exclusive right of in- 
itiating revenue bills, secured to it by the 
Constitution (Art. I, Sec. vii, If 1), is only 
maintained in the form of a fiction. In the 
Senate's executive powers with regard to trea- 
ties and appointments the House has no share. 
But when, as happened in 1801 and 1825, no 
candidate receives an absolute majority of 
the electoral vote, the important function of 
choosing the President then falls upon it, the 
Representatives voting by states. The House 
has the sole right of impeaching federal of- 
ficials before the Senate. 

Size.— The Constitution (Art. I, Sec. ii, If 3) 
leaves Congress free to determine the size of 
the House except that there must not be more 



than one Representative for every thirty thou- 
sand persons or less than one member for each 
state. There has been a steady increase in 
numbers. In the First Congress there were 65 
members; in the Sixty-Second (1911-1913), 
after the admission of Arizona and New 
Mexico, 395; and under the reapportionment 
act of 1911 the Sixty-Third has 435. But 
considerable as this growth has been, the 
growth of population has far exceeded it. 
While the ratio was 30,000 to each member in 
1789, it is now 211,877. With the exception 
of Germany no country in Europe has a ratio 
one-third as large. Comparison with European 
countries, however, is unprofitable; first, be- 
cause our state governments occupy so large 
a part of the field of legislation, and, secondly, 
because the House of Representatives, cut off 
from the executive, is not subject to the lead- 
ership and control of ministers, as are most 



129 



HOUSE OF REPRESENTATIVES 



of the European chambers. There is grave 
danger that, being without such leadership, the 
House may become unwieldy. Already most 
of its serious work has been entrusted to com- 
mittees; and the committees have grown por- 
tentously in size. Why, then, do the numbers 
keep increasing? Not because of any justifica- 
tion in reason or principle, but because those 
states whose population is stationary or al- 
most so would, if the ratio were raised, lose 
some of their representation. Only once — in 
1843 — did Congress turn a deaf ear to their 
insistent pleadings. 

Apportionment. — After each decennial census 
Congress determines the size of the new House 
and apportions the members among the states 
according to their population (see Apportion- 
ment) . It is then left to the states to mark 
out the districts from which the members are 
to be chosen. If they fail to do so, the ad- 
ditional members are elected at large on a 
general ticket in case of an increased repre- 
sentation, or in case of a reduced representa- 
tion the remaining members are so elected. 
Congress requires that the districts shall be 
"composed of contiguous and compact terri- 
tory containing as nearly as practicable an 
equal number of inhabitants." As is well 
known, these injunctions do not press hard on 
the consciences of state legislators. Not only 
are there often marked inequalities in popula- 
tion, but the gerrymander (see) has produced 
such extraordinary districts as the eighth of 
Alabama and the twenty-third of Illinois. The 
purpose of the gerrymander is to bring friend- 
ly voters into doubtful districts and to mass 
hostile voters in districts which under any 
circumstances are hopelessly lost. It does not 
accord well with the requirement for "compact 
territory." 

Election. — The members of the House are 
elected for a period of two years, as compared 
with five years in England and Germany and 
four years in France. Such was the vogue 
of annual elections at the time of the Phila- 
delphia convention that many regarded the 
two-year period as unduly long; to-day it is 
rather regarded as unduly short. Unless the 
President call a special session of Congress, 
the members do not take their seats until thir- 
teen months after their election; and almost 
immediately their duties are interrupted by 
the necessity of looking to their districts for 
renomination. Four months before the expira- 
tion of their mandate the new elections are 
held. The people sit in judgment on the Repre- 
sentatives individually and even transfer their 
confidence to another party. Four months 
longer the old House sits, voting hundreds of 
millions of dollars and passing important laws, 
though it is partly composed of men who have 
been rejected at the polls and whose sense of 
responsibility may be dulled by the fact that 
they have nothing further to hope or fear from 
the voters. Perhaps the most damaging crit- 



icism of the short term is that a new man 
has to spend most of his time learning the 
mysterious ways of the House, mastering its 
complicated rules and precedents and making 
friends. In his first term he is bewildered and 
powerless; his influence as a law-maker is 
practically nothing. On the other hand a 
longer term might make the House less respon- 
sive to the popular will unless there were some 
provision for earlier dissolution, as in the 
European systems. Moreover, reelection is 
becoming more common. Not long ago half 
the members could reckon confidently on los- 
ing their seats; in the Sixty-Second Congress 
271 members had sat in previous Houses, their 
average of service being eight years. The con- 
stituencies, or at least the local party organiza- 
tions, are beginning to see that rotation (see) 
does not pay; for the House yields influence, 
and places on the powerful committees, chiefly 
to those who have the crowning qualification ef 
long service. It seems probable that long 
service will eventually be as much the rule in 
the House of Representatives as it has been 
in the British House of Commons. 

Members are chosen in the even years, each 
second election thus coinciding with that of 
the President. According to the Constitution 
the time, place and manner of holding the 
elections may be prescribed by the state legis- 
lature subject to the superior power of Con- 
gress (see Elections, Federal Control of). 
In the first half of the nineteenth century 
most states swept away all property and re- 
ligious qualifications and established the man- 
hood suffrage which, except in the South and 
to some extent in a few northern states, pre- 
vails to-day. In the South various means have 
been found to exclude most of the negroes 
from the polls. Women vote in ten western 
states. 

Recently Congress has made some effort to 
safeguard the purity of elections. By the 
publicity act of 1911 candidates are required 
to file, before the primary or general election, 
statements of all promises made and expenses 
incurred; and they are not permitted to spend 
more than $5,000 or ten cents for each voter. 
A statute of 1910 requires all organizations 
which attempts to influence congressional elec- 
tions in two or more states to file an itemized 
account of all contributions received or prom- 
ised. The House is, under the Constitution 
(Art. I, Sec. V, ^f 1), sole judge of the election 
of its members and it must exercise that 
power directly instead of committing it to the 
courts as has been done in England and Can- 
ada. Considering the prevalence of corrup- 
tion, there are few contested elections. This 
seems due partly to the fact that they are 
decided as a rule on partisan lines, and partly 
to the fact that, since the House does not 
meet till a year after the election and since 
the inquiry would drag through most of the 
first session, the appellant stands to gain very 



130 



HOUSE OF REPRESENTATIVES 



little. The House is also judge of the qualifica- 
tions of its members. The Representative must 
be twenty-five years of age, seven years a citi- 
zen and when elected an inhabitant of the state 
in which his district lies; he must not be a 
federal office-holder. Only a simple majority 
vote is required in refusing admission to the 
House, but a two-thirds majority in expelling 
a member already seated. When a vacancy 
occurs through expulsion, resignation or other 
cause, the governor of the state concerned may 
call a special election or let the choice wait 
until the next regular election. 

Members. — The Representatives, though 
viewed with less distrust than the members of 
state legislatures, are not usually held as high 
in public estimation as they deserve. They 
are suspected of having too little regard for 
the public interest, of using their position, 
if not for personal gain, at least for the ad- 
vantage of political associates — for the pay- 
ment of obligations to the local boss and his 
"machine." It is unhappily true that Repre- 
sentatives, if they look for reelection or other 
political preferment, must act as the servants 
of the politicians who sent them to Washing- 
ton rather than of the people. Most of them 
are closely identified with machine politics, 
three-quarters of them having held state of- 
fices. This political experience, which in an- 
other country would be regarded favorably, is 
here almost a reproach, since it implies fa- 
miliarity with the underworld of -machine 
activities. It is also curious that the public, 
though distrusting the motives which might 
lead their Representatives to act with inde- 
pendence and requiring them to keep their 
ears always to the ground, seem to look upon 
this servility with very little respect. Criti- 
cism of this kind, however, may easily be ex- 
aggerated. It is true that there are few great 
lights, that large, statesmanlike views are sel- 
dom heard ; but, as Mr. Bryce says, the average 
business capacity is not lower than that of the 
House of Commons. The Representatives must 
be "men of ability in certain directions, ener- 
getic, shrewd, or they could not have won suc- 
cess in the most exacting of professions. Some 
of their failings are due to the circumstances 
of their position — to the irresistible pressure 
brought to bear by the local party organiza- 
tion and to the conditions which prevail in 
the House itself. 

Leadership. — The problem of organizing the 
House is not a simple one. There are over 
four hundred members, all desirous of making 
themselves heard and of getting consideration 
for their own measures. The amount of busi- 
ness before the House is vastly more than can 
be transacted. No ministers are present to 
direct the course of law-making. Yet direction 
there must be; and this has been developed, 
first, in control by the dominant party which 
decides upon its policy in caucus {see), and, 
secondly, in leadership within the party by a 



group of men who are coming to hold some- 
thing like the authority of a cabinet. The 
majority or minority caucus is summoned 
whenever the attitude of the party upon an 
important issue has to be determined. The 
debate is secret; the vote is binding. It ap- 
pears, however, that the influence of the caucus 
is declining and that the leaders summon it, 
in ordinary times, mainly to inform themselves 
accurately as to the currents of opinion among 
their followers. The hierarchy of leaders is 
composed of the Speaker and the chairmen of 
the more powerful committees. 

The Speaker (see) is no longer a moderating 
official like his English prototype. He has 
long been the recognized leader of the majority, 
nominated in caucus, elected by partisan vote 
and invested with powers which are intended 
to give effect to the will of the majority. He 
must be a strong man, one whose long service 
and natural sagacity have enabled him to 
master thoroughly the intricate procedure of 
the House and the arts which are useful in 
the management of men. It is his business, of 
course, to settle questions of parliamentary 
procedure, subject to appeals from his de- 
cisions; and such points as are not distinctly 
covered by the rules he is apt to decide favor- 
ably to his own supporters. He may refuse to 
put dilatory motions. He may refuse or grant 
recognition to members wishing to speak. In 
various ways the rules (see) give him great 
power in shaping the direction of business. 
But very recently, in one of the periodic re- 
volts against his preponderant authority, the 
House divested him of two important func- 
tions. In March, 1910, the committee on 
rules (see) was made elective and the Speaker 
declared ineligible for membership. This com- 
mittee is very powerful. Subject to the ap- 
proval of the House (that is, of the majority), 
it regulates the precedence of measures and 
controls the use of time. As the Speaker 
formerly appointed the committee and domi- 
nated it as chairman, his position has been 
sensibly weakened by the new arrangement. 
In March, 1911, a still more radical change 
was made when the appointment of the numer- 
ous standing committees, which had rested with 
the Speaker since 1790, was taken from his 
hands and entrusted nominally to the House, 
though really to the chairman of the com- 
mittee on ways and means. These changes 
may not be permanent. At any rate somebody 
must lead; the business of Congress must be 
done. Whether in one individual or in another, 
responsibility will be concentrated, so that 
chaos may be averted, the party programme 
carried through and something achieved to hold 
before the people at election time. It has been 
urged in justification of the revolt that the 
Speaker was able to rob the members of his 
party of all independence and freedom of ac- 
tion, that he gave them the alternative of 
submission or impotence. But such complaints 



131 



HOUSE OF REPRESENTATIVES 



are universal in the parliaments of to-day. In 
England a revolution has occurred since Bage- 
hot wrote. Debates have lost much of their 
meaning, for the Cabinet rules the Commons, 
instead of the Commons ruling the Cabinet. 
The House of Representatives, always op- 
pressed with arrears of work, can scarcely 
hope to recover the character of a delibera- 
tive assembly. 

Committees. — In order to get this work done, 
the center of gravity has been shifted from 
the House to its committees {see). To them 
both deliberative and legislative functions have 
been surrendered. As a distinguished writer 
says, "Congress in session is Congress on pub- 
lic exhibition, whilst Congress in its commit- 
tee-rooms is Congress at work." There are now 
more than 50 of these committees, each en- 
trusted with the oversight of a particular 
branch of legislation and each controlled by 
members of the dominant party. All bills 
which come before the House are sent to the 
appropriate committees, the two preliminary 
readings being granted as a matter of course 
and without debate. Ninety-five per cent of 
them are doomed. They are either reported 
back to the House adversely or neglected al- 
together. To the other bills varying degrees 
of consideration may be given. Really im- 
portant measures are subjected to close scru- 
tiny, information being collected from the ex- 
ecutive departments, officials questioned and 
private individuals allowed to present their 
views. In some few cases hearings are held 
in different parts of the country and witnesses 
examined. The committees may amend as free- 
ly as they like. They can even originate en- 
tirely new measures by going through the form 
of having them introduced in the House and 
referred in the usual way. When completed, 
the bills are reported to the House, most of 
the committees being called by the Speaker in 
a fixed order; but a few privileged ones, such 
as those which deal with revenue and supply, 
being allowed to gain a hearing for their re- 
ports at any time. Except in the case of 
revenue and appropriation (see) bills the 
House ratifies without serious discussion; for 
time presses, and every member, since he sits 
on one or more committees and wishes to 
secure consideration for some measure which 
he has taken a hand in forming, thinks only 
of expediting the particular business in hand 
and clearing the way for his own. 

This committee system has certain very 
obvious advantages. It is sanctioned by the 
experience of generations and by the necessity 
of saving the House from being overwhelmed 
by its manifold duties. No substitute has been 
offered. The fixing of responsibility on the 
chairmen provides the leaders who must be 
found in the place of the absent ministers. 
There is no doubt that a small group of men, 
familiar with a particular subject of legisla- 
tion, are more competent to discuss it than a 



mob of four hundred and that, with their 
business-like exchange of opinions, they are 
more apt to reach a definite and consistent 
result. But there is also much to be said in 
the way of criticism. The unity of the House 
is impaired, also its sense of responsibility. 
Having entrusted so much of its authority to 
the committees, it is likely to shift on them 
whatever blame may attach to measures which 
it has accepted without proper examination. 
As the committees do so much of their work 
behind closed doors and are in any case too 
numerous to be kept under continuous public 
scrutiny, the nation does not attempt to watch 
them and takes little interest in their im- 
portant activities. Thus the way is made 
easier for corruption. Powerful, numerically 
small and unwatched, the committees attract 
the lobbyist and from the nature of their posi- 
tion are subjected to severe temptations. This 
is all the more serious from the fact that all 
the members of the House receive committee 
assignments and the many weak men have as 
much power in their own field as the few strong 
men have in theirs. 

The Legislative Process. — The character of 
legislation also suffers because the committees 
are not articulated, because they do not act in 
concert or seek to harmonize their measures. 
For instance, revenue bills are prepared by the 
committee on ways and means, appropriation 
bills by seven independent committees. In 
England a responsible minister submits a bud- 
get to the House of Commons, showing what 
the expenditure of the government will be for 
the next year and how he proposes to raise 
the necessary amounts; his aim is to establish 
a perfect equilibrium in the national finances. 
Under our arrangements there is no common 
policy followed in the raising and spending of 
money; in fact, revenue bills are commercial 
measures, framed not so much to supply the 
necessities of the Government as to subserve 
the interests of our domestic industries. It is 
true that the annual report of the Secretary 
of the Treasury — dealing ^~ith the collection 
and disbursement of the revenues, the opera- 
tion of the fiscal laws, the condition of in- 
dustries, etc., is sent to the committee on ways 
and means and that his annual "book of esti- 
mates" goes to the appropriating committees, 
but this does not integrate the different finan- 
cial committees. They go their own way, as 
all other committees do. 

The lack of harmony which is so noticeable 
in matters of finance does not show itself so 
often in other subjects of legislation because 
bills covering the same subject usually go to 
the same committee. But the process of law- 
making is faulty in other respects. There is, 
unfortunately, no restriction upon the number 
or character of the bills which a member may 
introduce. He may introduce bills which he 
does not intend to become law, but which may 
please friends or bring him political profit, 



132 



HOUSE OF REPRESENTATIVES 



and other bills which appropriate money for 
his district and which he will use every effort 
to carry through the House. He does carry 
them through, by a practice known as "log- 
rolling." He combines with other members 
who want internal improvements for their dis- 
tricts, swapping votes, supporting them in re- 
turn for their support. Log-rolling succeeds 
mainly because all members who wish to keep 
their constituencies in good humor have to 
practice it. The freedom of introducing bills, 
therefore, has the double disadvantage of over- 
loading the House with work and wasting the 
public money. Moreover, a great part of the 
30,000 bills presented to each House cover sub- 
jects of which the framer has no adequate 
knowledge and are wretchedly drafted {see 
Legislative Output) . The committees can be 
relied on to make improvements, but, being 
without the services of an official draftsman, 
they still leave the bills dangerously obscure 
and imperfect in form. Another defect of the 
system of legislation is that responsibility is 
sometimes hard to fix. A bill is hurried to its 
proper committee without discussion, the first 
two readings being practically dispensed with. 
It may never reappear. Or it may suddenly 
come before the House, much altered no doubt, 
and be swept through the third reading before 
the public have had word of it or the members 
have understood more than the preamble. The 
influences which were at work in the secret 
proceedings of the committee are unknown; 
the father of the bill, when he sees it emerge 
transformed, may disown it; and if the bill 
is of a non-partisan character, the leaders are 
saved from assuming any obligation and the 
vote of the House may cut across party lines. 
It seems that the responsibility should belong 
to the members of the committee which report- 
ed the bill; but the nation cannot visit its 
wrath upon them as upon the recognized head 
of a party; only their individual districts can 
discipline them. Since the committees make 
the laws and since there are more than 50 
-committees, legislation does not, in ordinary 
circumstances, attract public attention or en- 
lighten public opinion. 

Debate. — Some writers have urged that the 
committee system has killed debate in the 
House. The obvious reply would be that it has 
relieved the congestion of business and thus 
increased the time for discussion. This is 
seen in the case of revenue and supply bills 
which, in spite of the growing volume of busi- 
ness which the House transacts, continue to 
receive something like adequate attention. 
They are subjected to a searching examination 
in the committee of the whole house, first gen- 
erally and then in five-minute speeches clause 
by clause and item by item. Everyone is in- 
terested in money bills, especially in appro- 
priations for internal improvements. The 
House, usually so sparing of its time, suddenly 
becomes indulgent. Members have ample op- 



portunity of making themselves heard and of 
learning the contents of these measures. That 
they do not have the same opportunity in the 
case of other bills is mainly due, not to the 
committee system, but to the lack of time; 
and it is the lack of time, not the mere in- 
solence of the majority, which has restricted 
debate and made the House, outside of financial 
matters, little more than a ratifying assembly. 
Fortunately, members may solace themselves 
by securing leave to print in the Congressional 
Record (see) speeches which they might other- 
wise have delivered. The debating which does 
take place is not commonly of a high order. 
Sincerity is often wanting; and much time 
which might be devoted to the serious exposi- 
tion of bills is wasted on minor details and 
quibbles over points of order. On formal oc- 
casions there is a good deal of immature decla- 
mation. The Representatives speak, indeed, 
under trying conditions. The hall is three 
times as large as that of the House of Com- 
mons, the members, sitting in concentric rows; 
and the noise of voices and footsteps sometimes 
makes it necessary for the members to crowd 
round a speaker in order to hear what he is 
saying. In 1911 the seats were brought some- 
what closer together and in 1913 both the 
desks and swivel chairs were removed; but it 
is unlikely that there will be any recurrence to 
the brief experiment of 1858 when the parties 
were ranged opposite each other on benches. 
The serious examination of measures will con- 
tinue to take place in committee-rooms. 

The procedure of the House has taken shape 
under the imperious necessity of getting busi- 
ness done. Freedom of debate is severely re- 
stricted. No one except the mover or the re- 
porting committeeman may speak more than 
once on the same question or for more than 
an hour unless with the unanimous consent of 
the House. Before going into committee of the 
whole, in which the quorum has been fixed at 
one hundred, the House may set a limit upon 
the length of the speeches and the time for 
debate. Resolutions offered by unanimous con- 
sent, bills let in under suspension of the rules 
by a two-thirds vote, and the reports of privi- 
leged committees frequently interrupt the regu- 
lar course and thus further curb the freedom 
of debate. The privileged committees, allowed 
to report almost at any time, include those 
which deal with elections, revenue, supply, pub- 
lic lands, rules, the conference committees ap- 
pointed by the Speaker in cases of disagree- 
ment with the Senate, and several others. 
Owing to the pressure under which the House 
works, the more important measures are often 
brought to immediate consideration by means 
of special orders recommended by the commit- 
tee on rules; and that committee, which exer- 
cises a general supervision over the course of 
legislation, can always rely on the acceptance 
of its recommendations by the majority. Some 
of the rules have been framed with the idea 



133 



HOUSES OF CORRECTION— HOUSES, PRIVATE, CONSTITUTIONAL PROTECTION OF 



of checking obstruction, or filibustering (see), 
on the part of the minority. Filibustering 
takes the form of repeated motions for taking 
a recess, entering the yeas and nays (see) on 
the journal or determining the presence of the 
quorum required by the Constitution (an ab- 
solute majority of the members). The rule 
that business must intervene between such mo- 
tions is satisfied by the making of a speech. 
Nor can the rules prevent one-fifth of the 
quorum from demanding the entry of the votes 
upon the journal (this may consume an hour 
or two), for that right is protected by the 
Constitution ( Art. I, Sec. v, 1f 3). It is pro- 
vided, however, that the Speaker shall enter- 
tain no dilatory motions and that those mem- 
bers present but refusing to answer to their 
names shall be counted for the purpose of mak- 
ing a quorum. Closure (see), by moving 
the previous question, provides another remedy. 
This motion, whose acceptance requires only 
a simple majority vote, has the effect of closing 
all debate and bringing to immediate vote a 
motion or series of motions or even the whole 
bill up to its passage or rejection. All inci- 
dental questions of order arising after the pre- 
vious question has been moved must be decided 
without debate; there may not be even a call 
of the House unless on actual count by the 
Speaker it appears that a quorum is not pres- 
ent; but the reporting committeeman is still 
permitted to wind up the discussion. Outside 
of the rules checks on obstruction are found 
in the fact that mere factious opposition will 
be censured in the constituencies as well as in 
the House and that success in the use of ob- 
structive tactics is achieved only when a sub- 
stantial part of the minority combine on some 
important issue. 

Quality of Legislation. — Legislation is the 
business of the House, and by the quality of 
its legislation it must be judged. There is no 
question that, measured by the standards of 
the chief parliamentary bodies of Europe, the 
legislative output is mediocre and in relation 
to some matters dangerously defective. This 
result may be attributed in large degree to 
the separation of executive and legislature, 
which deprives the House of its natural leaders 
and leaves the law-makers without the aid of 
administrative experience. But signs of im- 
provement are already to be observed, especial- 
ly in the closer formal and informal relations 
established with the executive. Important 
bills are more often drafted by the Secretaries; 
the President has been empowered to make 
recommendations each year for the better 
ordering of the finances. It is possible that 
this development will end in the Secretaries 
being admitted to the House (though without 
votes) ; or that the House will finally evolve a 
definite group of leaders acknowledging a kind 
of corporate responsibility and having a sub- 
stantial control over the independent House 
committees. 



See Committee System; Congress; Con- 
gressional Government; Executive and Con- 
gress; Representatives; Rules of Congress; 
Speaker. 

References: C. A. Beard, Am. Government 
and Politics (1910), chs. xii and xiv; J. Bryce, 
Am. Commonioealth (4th ed., 1910), chs. xiii- 
xix; P. S. Reinsch, American Legislatures and 
Legislative" Methods (1907), chs. i, ii; W, 
Wilson, Congressional Government (15th ed., 
1900), chs. ii. iii. Charles A. Beard. 

HOUSES OF CORRECTION. The name house 
of correction is applied to prisons for misde- 
meanants sentenced for petty offenses, such as 
vagrancy, drunkenness and petty larceny. Pris- 
ons of this class are sometimes known as "work- 
houses," "bridewells," "county camps," etc. 

Most large cities of the United States main- 
tain prisons for persons violating city ordi- 
nances. In many cities, such prisoners are em- 
ployed upon the streets under guard; in some 
simple employment is provided, such as brush 
making, broom making, brick making, etc. ; in 
others farms are attached to the prisons and 
many of the prisoners are employed in farm- 
ing and truck gardening. 

Persons convicted of misdemeanors under 
state laws are generally confined in county 
jails in idleness, but in many counties of the 
South such prisoners are employed upon the 
public roads and are kept in camps. Massa- 
chusetts has for many years maintained a state 
farm for misdemeanant prisoners, which is ad- 
mirably organized. In the state of New York 
there are six "county penitentiaries" for mis- 
demeanant prisoners. Difficulty has been found 
in providing suitable employment for the pris- 
oners in the "county penitentiaries." At the 
present time, the drift of public sentiment is 
strongly in favor of farms for prisoners. 

See County Jails; Criminology; Delin- 
quents, Correction of; Penalties for 
Crime; Prison Discipline. 

References: Cleveland City Workhouse and 
City Farm, Annual Reports; C. R. Henderson, 
"Report on Jails, Workhouses, etc.," in NatT. 
Prison Assoc, Annual Report, 1907, 94- 
114; Minnesota State Board of Corrections and 
Charities, Biennial Reports, 1884-1898; Detroit 
House of Correction, Annual Reports; Chicago 
House of Correction, Annual Reports; Cin- 
cinnati House of Correction, Annual Reports; 
Z. R. Brockway, Fifty Years of Prison Service 
(1912) ; F. H. Wines, Punishment and Refor- 
mation (1910). Hastings H. Hart. 

HOUSES, PRIVATE, CONSTITUTIONAL 
PROTECTION OF. The ancient maxim of the 
common law that a man's house is his castle 
illustrates the regard which has always been 
maintained for the safety of the family home 
and the security of the family in such home 
against violence or intrusion. In this sense 
the house, that is the dwelling house or man- 



134 



HOUSTON", SAMUEL— HUDSON'S BAY COMPANY 



sion house, includes the buildings appurtenant 
to its use as a residence. By the criminal law 
the breaking into, or setting fire to, or stealing 
property from, such house is more severely 
punished than similar unlawful acts committed 
with respect to a building which is not a 
dwelling. The right of security in the dwelling 
is also illustrated by the rules of the criminal 
law relating to the extent to which one may 
go in defending himself and members of his 
family and his property therein. Constitu- 
tional recognition of the privacy and security 
of the dwelling house is found in provisions 
that soldiers shall not be quartered in any 
house without the consent of the owner in 
time of peace and that the right of the people 
to be secure in their persons, houses, etc., 
against unlawful searches and seizures shall 
not be violated (U. S. Const., Am. Ill, IV). 
See Deputies; Warrants. References: T. M. 
Cooley, Principles of Constitutional Law (3d 
ed., 1898), 229-231; E. McClain, Constitutional 
Law (2d. ed., 1910), 313-14. E. McC. 

HOUSTON, SAMUEL. Samuel Houston 
(1793-1863), a native of Virginia, was identi- 
fied during his public career with the two 
southwestern states of Tennessee and Texas. 
After varied experiences as soldier, Indian 
agent, lawyer, and district attorney, he served 
two terms (1823-27) as Representative of a 
Tennessee district in Congress, and in 1827 
he was elected by the Jackson Democrats to 
the governorship. In 1829 he abruptly resigned 
this office and took up his residence with the 
Cherokee Indians, then settled in Arkansas. 
In 1832 he made his appearance in Texas, and 
with the movement during 1833-35 looking 
toward Texan independence he had not a lit- 
tle to do. In 1835 he was made commander- 
in-chief of the Texan army; in 1836 he won 
the decisive victory of San Jacinto; and Oc- 
tober 22 of the same year he was inaugurated 
president of the newly established Texan re- 
public. In this office he continued until 1844, 
and when, in 1845, Texas was admitted to the 
Union Houston was elected forthwith to the 
national Senate. During his thirteen < years 
of membership in that body he devoted himself 
principally to the safeguarding of the interests 
of the Indians, although as a Union Democrat 
he participated prominently in the debates up- 
on slavery and other public questions. In 1859 
he was elected governor of Texas; but in 
March, 1861, by reason of his refusal to swear 
allegiance to the Confederacy, he was deposed 
from office.' See Democratic Party; Seces- 
sion; Texas. References: H. Bruce, Life of 
General Houston (1891) ; A. M. Williams, Sam 
Houston and the War of Independence in Texas 
(1893) ; W. C. Crane, Life and Select Literary 
Remains of Sam Houston (1885). F. A. 0. 

HOWLAND ISLAND. An uninhabited islet 
of coral formation south-west of Hawaii and 



almost on the equator, discovered in 1842 and 
taken possession of by the United States in 
1857. It has fresh water and some scanty 
vegetation but its former deposits of guano 
are now exhausted. It is near Baker's Island 
{see). Reference: J. B. Moore, Digest of Int. 
Law, I (1906), 574. G. H. B. 

HUDSON'S BAY COMPANY. This fur-trad- 
ing corporation was chartered by Charles II in 
1670, with a monopoly of trade and commerce 
in the region whose waters flowed into Hudson 
Bay, and neighboring "lakes and seas into 
which they shall find entrance or passage out 
of territories . . . aforesaid." The charter 
was given as a reward for efforts to find "the 
Northwest passage to the Southern seas" — 
efforts which never were effectual. It had com- 
plete lordship, full power (legislative, execu- 
tive and judicial) within the vague limits of 
its territories. It was empowered to create 
a navy and an army, and to make peace or 
war with any non-Christian people. The plan- 
tation was called Rupert's Land in honor of 
Prince Rupert whom the King appointed as 
the first governor. In 1749 an effort was made 
in Parliament, to take the charter from the 
company on the ground that it was forfeited 
"by non-user or abuser." After the treaty of 
1763 many individual fur-traders encroached 
upon the territories of the company and finally 
combined, in 1783, into the Northwest Fur 
Company of Montreal which disputed and 
ignored the rights of the old company and by 
1818 had about forty posts, almost double the 
number of factories of the Hudson Bay Com- 
pany. In 1821 the two companies formed a 
coalition and soon obtained from Parliament, 
for a term of twenty years, exclusive privileges 
beyond the Hudson Bay drainage system to the 
Pacific. In 1838, these privileges were sur- 
rendered and renewed by the Hudson Bay Com- 
pany alone for another term of twenty years 
expiring in 1858 just before the discovery of 
gold in British Columbia. 

In 1869, liable to be dispossessed by force 
as a result of the confederation movement in 
Canada, the company transferred to the Do- 
minion all its territorial rights, for which it 
received £300,000 and one-twentieth of all lands 
set out for settlement for fifty years. 

It retained its posts and rights of trade and 
by its relations with the Indians long con- 
tinued to exert a powerful influence for law 
and order in unsettled regions. In 1892 it 
had 200 central posts and unnumbered depend- 
ent ones. Its supreme control is vested in a 
governor, a deputy governor and five directors 
elected by the stock-holders in London who 
delegate their powers to an executive resident 
in Canada, formally called "Governor of Ru- 
pert's Land" but now simply chief commis- 
sioner, who is in absolute charge of all opera- 
tions of the company. 

See Alaska; Alberta; British Columbia; 



135 



HUELSEMANN EPISODE— HURD, JOHN CODMAN 



Canada, Dominion of; Canadian Provinces; 
Colonial Corporation; Colonization by 
Great Britain in America; Manitoba; 
Northwestern Boundary Controversy; Ore- 
gon. 

References: George Bryce, Hudson Bay Co. 
(1900); Agnes Laut, Conquest of the Great 
Northwest ( 1909 ) ; Harper's Mag., LXXXIV 
(1892), 373-394. J. M. Callahan. 

HUELSEMANN EPISODE. In 1850, the 
publication by the Senate, of instructions which 
authorized A. Dudley Mann's mission in 1849 
to obtain information with a view to the 
recognition of Hungary, caused Austria to take 
official notice of the mission by a protest ( Sep- 
tember 30) to Clayton, through Huelsemann, 
Austrian charge d'affaires, declaring the Amer- 
ican Government had exposed Mann to danger 
of being treated as a spy. 

On December 21,1850, Webster, in a lengthy 
note which was characterized as "hardly more 
than a stump speech under diplomatic dis- 
guise," urged that the President's communica- 
tion to Congress with which Austria was seek- 
ing to interfere, was a domestic concern, not 
a subject of diplomatic correspondence. 

Later, Huelsemann made other complaints 
to which Webster did not reply, and finally 
gave notice that his government could not al- 
low him to continue an official intercourse with 
the principal promoters of the Kossuth 
episode; but after Webster's death in the fol- 
lowing autumn he resumed his functions and 
continued them until June, 1863. 

See Austria-Hungary, Diplomatic Rela- 
tions with; Diplomacy and Diplomatic 
Usage; United States as a World Power. 

References: F. Bancroft, W. H. Seward 
(1900), I, ch. xvii; G. F. Curtis, D. Webster 
(1872), II, 533-37; J. B. Moore, Digest of 
Int. Law (1906), I, 218-35; H. von Hoist, 
Hist, of the U. 8. (1885), IV, 63-100; Polit. 
Sci. Qucvrt., X, (1895), 256-91. 

J. M. Callahan. 

HUGHES, CHARLES EVANS. Charles E. 
Hughes (1862 — ), associate justice of the 
United States Supreme Court, was born at 
Glens Falls, N. Y., April 11, 1862. In 1884 he 
was admitted to the bar, and began practice 
in New York City, rising rapidly to prominence 
in his profession. From 1891 to 1893 he was 
professor of law at Cornell, and lecturer from 
1893 to 1895 ; and from 1893 to 1900, lecturer 
at the New York law school. In 1905 he was 
counsel for the Stevens gas commission created 
by the New York assembly, and in 1905-06 
counsel for the Armstrong insurance commis- 
sion, in which latter capacity he won a na- 
tional reputation. He was also, in 1906, spe- 
cial assistant to the United States Attor- 
ney General in the coal investigation. He 
declined a nomination for the New York 
mayoralty in 1905, but in 1907 was elected 



Republican governor of New York. In his ef- 
forts to secure honest and efficient administra- 
tion he met concerted and persistent opposition 
both within and without his party. The sub- 
stantial fruits of his administration were a 
public utilities act, acts against bucket-shops 
and race-track gambling, and a general toning 
up of the state executive service; but his ef- 
forts to remove from office the superintendent 
of insurance, Otto Kelsey, charged with mal- 
administration, were unsuccessful, and his bill 
for direct primaries was defeated. April 25, 
1910, he was appointed associate justice of the 
United States supreme court, resigned the 
governorship, and October 10 was sworn into 
office. See American System ; Executive and 
Executive Power; Executive and Executive 
Reform; Supreme Court. References: B. J. 
Hendrick, "Governor Hughes" in McClure's, 
XXX (1908), 670-681; J. G. Schurman, "Pub- 
lic Career of Charles E. Hughes" in Independ- 
ent, LXIII (1907), 1325-1534. W. Mac D. 

HUNDRED. A subdivision of the county 
in England, of importance in the Saxon and 
early Norman periods. Hundreds were estab- 
lished in the colonies of Maryland and Dela- 
ware; and the name appears in the early rec- 
ords of Virginia and Maine. In Delaware the 
principal subdivisions of the counties are still 
called hundreds. See County-Precinct Sys- 
tem. Reference: G. E. Howard, Local Consti- 
tutional Hist., I (1889). J. A. F. 

HUNKERS. New York Democrats were so 
named by the opposing "barnburners" (see), 
possibly because they "hankered" for office. 
They were the conservatives, and supported 
James K. Polk for President in 1844. Polk 
tried to be neutral at first, but later gave the 
patronage to the "hunkers." In the conven- 
tion of 1848, both factions sent delegates and 
the convention tried to compromise by giving 
each delegate half a vote, but each faction re- 
jected the compromise. The "hunkers" prom- 
ised to support the nominee, but the "barn- 
burners" refused, took up the Wilmot Proviso 
(see), and helped to defeat Cass (see). See 
Barnburners; Democratic Party; Free Soil 
Party. References: G. P. Garrison, Westward 
Extension (1907), 271-275; J. A. Woodburn, 
Pol. Parties and Party Problems (1903), 69- 
72. T. N. H. 

HURD, JOHN CODMAN. John C. Hurd 
(1816-1892) was born at Boston, November 
11, 1816. His Law of Freedom and Bondage in 
the United States (2 vols., Boston, 1858-62), 
is a classified summary of American legisla- 
tion, national, state, and local, and of judicial 
decisions, relating to negroes and slavery; and 
is the standard authority in its field. He also 
published Topics of Jurisprudence Connected 
loith Conditions of Freedom and Bondage 
(1856) ; and a very erudite treatise on na- 



136 



HUSTINGS— HUTCHINSON, THOMAS 



tional government, The Theory of our 'Nation- 
al Existence as shown by the Action of the 
Government of the United States since 1861 
(1881). He died at Boston, June 25, 1892. 
See Government, Theory of; Political The- 
ories of American Publicists, Eecent. 

W. MacD. 

HUSTINGS. A term applied to the tem- 
porary structure from which a Parliamentary 
candidate addressed the electors in Great 
Britain before the introduction of the ballot 
in 1872. Other public meetings for purpose 
of conference are sometimes called hustings. 
To go on the hustings is to take part in the 
campaign as a candidate. It was also used 
in the early history of Virginia to denote 
the municipal courts in cities of over 5,000 in- 
habitants. O. C. H. 

HUTCHINSON, THOMAS. He was born in 
Boston, Mass., September 9, 1711, and died in 
London, June 3, 1780. He was graduated from 
Harvard and became a merchant. In 1737 he 
was chosen one of the selectmen for Boston. 
The same year he was elected to the general 
court, and was reelected the following year. 
Through his influence, as speaker of the house, 
it was voted to use the sum granted by Parlia- 
ment to Massachusetts for the capture of 



Louisburg to cancel the paper money then in 
circulation. The colony was thus placed on a 
good financial basis, but Hutchinson was, in 
consequence, defeated for reelection. In the Al- 
bany congress, he served with Franklin on the 
committee to draw up a plan of union. In 
1758, he was made lieutenant-governor and 
three years later, chief justice of Massa- 
chusetts. He advised against the Stamp Act, 
but, in his attempts to enforce it, his house 
was sacked by a mob. In 1770 he was appoint- 
ed governor. The publication of his letters to 
the private secretary of Lord Grenville were 
discovered and published. In these he criti- 
cised the acts of Samuel Adams and other 
leaders and declared that Massachusetts must 
submit to the abridgment of popular liberties. 
He advocated the supremacy of Parliament 
over the whole British Empire and was finally 
brought into such ill favor that he deemed it 
wise to sail for England, 1774, where he spent 
the remainder of his life. See Massachus- 
etts; Revolution, American, Significance 
of. References: Thomas Hutchinson, History 
of Massachusetts Bay from 17^9 to 1774 
(1828), III, 256, et seq.; P. O. Hutchinson, 
Ed., Diary and Letters of His Excellency 
Thomas Hutchinson (1886-1888) ; John Fiskc, 
Essays Historical and Literary (1902), I, 1-53. 

J. A. J. 



137 



IDAHO 



IDAHO. The territory now embraced in the 
state of Idaho was first explored by white men 
when the expedition of Lewis and Clark 
crossed and recrossed it in 1805-06. There 
were early settlements by fur traders and mis- 
sionaries (1810 and 1834). The discovery of 
gold in 1860 led to permanent settlement. A 
population of 14,999 in 1870 has increased to 
325,594 in 1910. 



The constitution fixes a form of state govern- 
ment in the usual American manner, with ex- 
ecutive, legislative, and judicial departments. 
Executive officers comprise a governor, lieu- 
tenant-gOvernor, secretary of state, state audi- 
tor, state treasurer, attorney general, and 
superintendent of public instruction, each 
elected for two years. The governor is vested 
with the supreme executive power and "must 




BOUNDAEIES OF THE STATE OF IDAHO, SHOWING TERRITORIAL CHANGES 



For government purposes Idaho was a part 
of Oregon Territory from 1848 to 1853. In 
the latter year the northern part was at- 
tached to Washington Territory, the southern 
part continuing in Oregon Territory. The ad- 
mission of Oregon as a state in 1859 left the 
whole of Idaho as part of Washington Terri- 
tory. In 1863 the Territory of Idaho was 
organized, including what is now part of 
Wyoming until 1868, and what is now Mon- 
tana until 1864 (see Boundaries, Interior). 
Idaho was admitted to the Union on July 3, 
1890, under a constitution adopted the pre- 
ceding year. 



see that the laws are faithfully executed." Tie 
has a suspensive veto on acts of the legisla- 
ture, including items in appropriation bills. 
A two-thirds vote of the members present in 
each house is necessary to override a veto. 
The governor, secretary of state, and attorney 
general, constitute a board of pardons, a 
board of prison commissioners, and a board of 
examiners. These three officers, together with 
the superintendent of public instruction and 
the state auditor, constitute a board of land 
commissioners to administer public lands. The 
superintendent of public instruction, the secre- 
tary of state, and the attorney general, consti- 



138 



ILLINOIS 



tute a board of education for the general su- 
pervision of public schools. 

The legislature meets biennially, its mem- 
bers being elected for two years. The number 
of senators must never exceed twenty-four, and 
of representatives must never exceed sixty, 
each county always to have at least one 
representative. The compensation of each 
member of the legislature shall not exceed five 
dollars per day or three hundred dollars for 
any one session. 

The judicial power of the state is vested in 
a court of impeachment — the senate — a su- 
preme court, district courts, probate courts, 
and inferior courts. The supreme court con- 
sists of three justices, elected by the votes of 
the state at large for terms of six years. 
There are five district courts, the judges being 
chosen for terms of four years. 

Both men and women are entitled to vote. 
The amendment giving the right of suffrage 
to women was adopted on November 3, 1896. 
Women may also hold office and perform jury 
duty. 

County, municipal, township, and precinct 
organizations are provided by the constitution 
and laws. In the last twenty years the details 
of county and inferior local governments have 
been altered seven times by constitutional 
amendments. No county shall be formed 
which shall have an area of less than four 
hundred square miles or taxable property of 
less than one million dollars. 



Public education is provided by a uniform 
and thorough system of free public common 
schools; by free public high schools; by a 
unified state university; and by public normal 
schools. The public school fund must remain 
inviolate, only the interest being expended for 
maintenance of schools. 

The state administration was controlled by 
Republicans from 1890 to 1897. For the next 
five years Democrats, Populists, and Free 
Silver Republicans were in power. Since 1902 
Republican state officers have been elected. 
In 1892, 1896, and 1900 the state gave its 
electoral votes to Democrats, or to Democrats 
and Populists in fusion. In 1904 and 1908 the 
Republican national ticket was successful. In 
1912, the state went Democratic. 

Recent and present day problems of govern- 
.ment relate to such subjects as child labor 
{see) ; regulation of labor in mines, strikes 
and other labor troubles; employers' liability 
(see) ; control of liquor traffic by county op- 
tion; primary election laws; conservation 
(see) ; and national forest policies. The prob- 
lem of the Latter Day Saints is much less 
acute than formerly, now that this sect com- 
prises only about one-tenth of the population. 

References: H. H. Bancroft, Washington, 
Idaho, and Montana (1890), 333-588; W. B. 
Hepburn, Idaho Laics and Decisions, Annotat- 
ed and Digested (1900) ; F. N. Thorpe, Federal 
and State Constitutions (1909), II, 904-954. 

C. A. Duxiway. 



ILLINOIS 



The Illinois Country, 1673-1784.— The first 
white occupants of Illinois were the French, 
who, after 1673, established a number of mis- 
sions, trading posts and forts in the Illinois 
country. In 1717 the Illinois villages were 
attached to Louisiana; but in 1763 the Treaty 
of Paris transferred the sovereignty to the 
British who maintained their political control 
from 1765 until the outbreak of the American 
Revolution. In 1778, Kaskaskia and the ad- 
jacent villages were conquered by George 
Rogers Clark [see), acting for the state of 
Virginia; but the county government then in- 
stituted was soon allowed to lapse and in 1784 
the Virginia title was transferred to the United 
States. 

Territorial Administration, 1784-1818.— The 
Ordinance of 1787 {see) included Illinois in 
the "Territory Northwest of the River Ohio;" 
but in 1800 it was set off in the new territory 
of Indiana, and, in 1809, the Illinois Territory 
was organized for the whole region west of 
the Wabash River. In 1812 it was advanced 
to the second stage of territorial government 
with a legislature elective in both branches. 
The Anglo-American immigration was small 
until after the War of 1812. The restoration 

58 139 



of peace with Great Britain and with the 
Indians (1814-1816) stimulated immigration 
and prepared the way for statehood. The en- 
abling act was approved, April 18, 1818; the 
state constitution was adopted August 26; and 
on December 3, 1818, the state was admitted 
to the Union. The enabling act, disregarding 
the Northwest Ordinance line through the 
southerly bend of Lake Michigan, fixed the 
northern boundary at 42° 30', thus securing 
for Illinois an adequate frontage on the lake. 
Another departure from the Ordinance of 1787 
was the acceptance of a constitutional pro- 
vision permitting the temporary and partial 
continuance of slavery. 

First Constitution; Early Years of State- 
hood, 1818-1848. The constitution gave the 
suffrage to adult wiiite males, provided for a 
governor and a lieutenant-governor, each elect- 
ed for four years, and for the usual bicameral 
legislature. Except for the customary bill of 
rights, there were few limitations on the legis- 
lature, which had the right to appoint judges 
and a number of other officers. An ineffective 
veto was given to a council of revision con- 
sisting of the governor and the judges. Dur- 
ing the next thirty years, Illinois passed grad - 



ILLINOIS 



ually out of the frontier stage. The Black 
Hawk War (1832) marked the end of the 
Indian problem. The Erie Canal and steam 
navigation on the great interior waterways 
stimulated immigration, not only as hereto- 
fore, from the southern and border states, but 
also from the northeast and from foreign 
countries, notably Germany and Ireland. 
Population increased from 55,211 in 1820 to 
851,470 in 1850 — an increase which was most 
strongly marked in the northern counties. 
During this formative period, an unsuccessful 
attempt was made to revise the constitution in 
the interest of slavery; and, in the face of 
great financial distress resulting from unwise 
banking and internal movement measures, the 
public credit was successfully defended against 
the advocates of repudiation. Nevertheless, 
the experience of the frontier period showed 
the need of constitutional revision; a new con- 
vention met in 1847, and the second state con- 
stitution was ratified by the people in 1848, 

The Second Constitution; Development, 1848- 
1870. — The new constitution abolished slavery 
but kept the color line for citizenship and 
the suffrage. The council of revision was 
abolished and the governor was given an in- 
dependent veto, subject, however, to reversal 
by majorities in both houses. Judges and 
other officers previously chosen by the legisla- 
ture were hereafter to be chosen by the people, 
and the constitutional limitations on the legis- 
lature were considerably increased. Finally, 
the "Yankee" settlers of the northern counties 
secured a constitutional provision authorizing 
township organization. Illinois now entered 
upon a period of bitter sectional controversy 
reflecting, in the conflict between northern and 
southern elements within the state, the sec- 
tional politics which characterized the nation 
at large. In 1861, the state as a whole stood 
firmly for the Union; but, in 1862 and 1863, 
there was some wavering, with the tide run- 
ning strongly against the anti-slavery policies 
of Lincoln's administration. At the close of 
the war, however, the dominant party in Illi- 
nois accepted fully the new doctrines of negro 
citizenship and suffrage; the "black code" was 
repealed and five years later the color line 
was eliminated from the constitution. In 
spite of the severe strain of the war, popula- 
tion increased with great rapidity. The census 
figure for 1850 doubled in 1860 and nearly 
tripled in 1870, while Chicago increased from 
less than thirty thousand in 1850 to nearly 
three hundred thousand in 1870. Agriculture 
was still the dominant interest, but manufac- 
tures were increasing rapidly, and in 1870 Illi- 
nois stood first among the states in railway 
mileage. New and complex problems of indus- 
trial organization again demanded constitu- 
tional revision, and the third state constitu- 
tion was ratified by the people in 1870. 

The Constitution of 1870. — The executive de- 
partment now includes, besides the governor 



who is elected for four years, the lieutenant 
governor, secretary of state, treasurer, auditor, 
attorney general, and state superintendent of 
public instruction. The growth of population 
and industry has also made necessary the crea- 
tion of a large number of officers and boards, 
usually appointed by the governor, with the 
consent of the senate, and responsible to him. 
Recent legislation, notably the Civil Service 
Act of 1911, has brought many of the minor 
appointments within the classified service with 




Boundaries of the State of Illinois, 
Showing Territokial Changes 

competitive examinations under the directions 
of the Civil Service Commission. The gover- 
nor's veto can now be overruled only by a 
two-thirds vote, and since 1884 has been ap- 
plicable to single items in an appropriation 
bill. The members of the legislature are chos- 
en in fifty-one senatorial districts, each elect- 
ing one senator and three representatives, on 
a plan of cumulative voting which ordinarily 
secures to the minority party at least one 
member in each district and frequently pre- 
vents any real contest between the two lead- 
ing parties (see Minority Representation ) . 
Constitutional limitations on the legislature 
have been still further increased, notably by a 
sweeping prohibition of local and special leg- 



140 



ILLINOIS 



isJation on such subjects as elections, local 
government, and corporate charters; and the 
referendum principle has also been applied to 
certain kinds of legislation. Especially signif- 
icant are the articles on "Corporations" and 
"Warehouses" which prepared the way for the 
comprehensive railroad and warehouse legis- 
lation of the seventies. Judicial jurisdiction 
above the county court is entrusted to circuit 
and appellate courts and to a supreme court 
now sitting at Springfield. Circuit and su- 
preme court judges are elected by the people 
directly for terms of six and nine years, 
respectively, while the appellate judges are 
selected by the supreme court from the cir- 
cuit bench. 

Local Administration. — Notwithstanding the 
general constitutional regulations which aim 
at uniformity, Illinois has three different kinds 
of county government. Seventeen southern and 
central counties are governed on the old county 
commissioner plan, without township organi- 
zation. All the other counties except Cook 
have the township system with county boards 
consisting of supervisors elected by the towns. 
In Cook County, the township organization has 
largely broken down and the governing board 
consists of fifteen elected commissioners. The 
county judge, clerk, sheriff, and coroner ap- 
pear in all of these groups of counties. The 
town is still an important unit in most 
counties, furnishing through its annually 
elected collector and assessor the machinery 
for the collection of state and local taxes. In 
Cook County, however, the town has almost 
disappeared under the pressure of metropolitan 
conditions and even elsewhere in the state it is 
losing its relative importance through the 
marked development of urban population, re- 
quiring more highly organized municipal ad- 
ministration. 

Municipal Administration. — Under the mu- 
nicipal code of 1872, small urban areas within 
townships may be organized as villages and 
governed by elective boards of trustees. Com- 
munities having at least one thousand inhabi- 
tants may become cities, choosing ordinarily 
a mayor and a board of aldermen, though a 
few cities have recently adopted the so-called 
"commission form of government" (see). 
Some concessions have been made to the 
metropolitan requirements of Chicago (see), 
especially since the adoption in 1904 of a con- 
stitutional amendment permitting a consid- 
erable range of special legislation for that 
city; but the mutual jealousies of metropolitan 
and "down state" elements have materially 
limited the scope and effectiveness of such 
legislation. Throughout the state, important 
municipal functions are withheld from city 
and village authorities and assigned to other 
administrative units, such as school, park, and 
drainage districts. 

Public Education. — In public education, 
Illinois was comparatively backward, enacting 



141 



its first comprehensive and effective school law 
in 1855 and its first constitutional article on 
the subject in 1870, but the law now recognizes 
the general principle of gratuitous, state-sup- 
ported, and compulsory education. The sys- 
tem is administered, first, by elected boards 
in the various school districts. There are some 
variations, as in Chicago (see), where the 
school board is appointed by the mayor. The 
school township organization is still main- 
tained for tlte administration of certain school 
funds. Certain supervisory functions are en- 
trusted to elective county superintendents and 
the state superintendent of public instruction. 
There are five normal schools for the training 
of teachers, and in 1867 the legislature, having 
accepted the federal land grant of 1862 (see 
Morrill Grant), chartered the Illinois 
Industrial University, now the University of 
Illinois. 

Revenue System. — State and local govern- 
ments are supported chiefly by the "general 
property tax," assessed upon real and per- 
sonal property at a supposed valuation of one- 
third of its "fair cash value." In Cook County 
and the counties not under township organiza- 
tion, the assessment of taxes is mainly a county 
affair; elsewhere it is entrusted to the town 
assessors. Assessments are subject to revision 
by a county board of review and the state 
board of equalization. Other sources of reve- 
nue for the state are the inheritance tax and 
a special tax on the Illinois Central Eailroad; 
for municipal governments there are licenses 
and similar charges. 

Political Parties and Issues. — Well-defined 
party organizations began in Illinois with 
the conflicts between Jacksonian Democrats 
and Whigs and until 1854 the Democrats were 
continuously in control of the state govern- 
ment. The repeal of the Kansas-Nebraska 
Bill, the consequent emphasis on the slavery 
issue, and increased immigration from the 
northeast brought radical changes in state 
politics, and in 1856 the new Republican party 
elected its candidate for governor, though the 
presidential vote was Democratic. During the 
succeeding period of sectional conflict and civil 
war (1857-1865), the state was closely con- 
tested by the Democratic and Republican 
parties led, respectively, by Stephen A. Doug- 
las (see) and Abraham Lincoln (see). In the 
senatorial contest of 1858 and in the legisla- 
tive and congressional elections of 1862, the 
Democrats were successful; but in the presi- 
dential and state elections of 1860 and 1864 
the Republicans won decisive victories. Since 
1864, Illinois has generally been Republican, 
though there have been some strong independ- 
ent movements, notably the Liberal Republican 
(see) and Granger (see) movements of the 
seventies. In the past fifty-three years, ex- 
cept in 1892 and 1912, the Republicans have 
always won the electoral vote of the state. 
Democratic success in 1912 was largely due to 



ILLITERACY— ILLUMINATI 



the formation of the new Progressive party. 
Party organization and procedure are now 
closely regulated by law and a comprehensive 
"direct primary" (see) law was enacted in 
1910. The following political issues of recent 
years are especially significant: the "direct 
primary," "corrupt practices" (see) legisla- 
tion, civil service reform, the initiative and 
referendum (see Legislation, Direct), town- 
ship and county option in the regulation of the 
liquor traffic, state control of public service 
corporations, and Chicago charter legislation. 
On all of these subjects the lines have been 
drawn, not so much between leading parties 
as such, as between opposing factions within 
the recognized parties. In 1913 the suffrage 
was partially extended to women. 

Population. — The population of the state, 
1860-1910, has been as follows: 1860, 1,711,- 
951; 1870, 2,539,891; 1880, 3,077,871; 1890, 
3,826,352; 1900, 4,821,550; 1910, 5,638,591. 
The last decade shows a marked reduction in 
the rate of increase and in fifty of the one 
hundred and two counties an actual decrease. 
Urban population has increased 30.4 per cent 
but the rural population remains about sta- 
tionary. Of the total population in 1910, 
43 per cent were persons of foreign birth or 
parentage. 

See Constitutions, State, Characteristics 
of; State Governments, Characteristics of. 

References: E. B. Greene, The Government 
of Illinois; Its History and Administration 
(1904) ; J. Moses, Illinois, Historical and 
Statistical (2d ed., 1895) ; Secretary of State, 
Bluebook of the State of Illinois (1911) ; Re- 
vised Statutes of Illinois (issued biennially by 
the Legal News Publishing Company, Chi- 
cago) ; Starr and Curtis, Annotated Statutes 
of the State of Illinois (1896) ; Illinois State 
Historical Library, Collections (1903 to date) ; 
"Population of Illinois" in Thirteenth Census 
of the U. S., Abstract with Supplement for Illi- 
nois; F- N. Thorpe, Federal and State Consti- 
tutions (1909), II, 955-1052; J. A. Fairlie, 
"County and Town Government in Illinois" in 
Amer. Acad, of Polit. and Soc. Sci., Annals, 
May, 1913. Evarts B. Greene. 

ILLITERACY. The term illiteracy is com- 
monly understood to mean the inability of 
adults to read. In some countries the basis 
of calculation is the number of men and women 
married who cannot sign the register; in 
others the ability of army recruits to read; 
therefore no trustworthy comparison can be 
made between different countries on this ques- 
tion. In the United States a person is techni- 
cally called illiterate if over ten years of age 
and unable to read and write. 

According to the latest available statistics, 
illiteracy of adult males in Germany and in 
Sweden was as low as .11 per cent, and as 
high as 28.1 per cent in Hungary, and 61.7 per 
cent in Russia. In the United States the 



census of 1900 shows that 10.7 per cent of the 
total population over ten years of age were 
illiterate. This is 2.6 per cent improvement 
over the condition in 1890. Statistics for the 
whole United States are misleading, for the 
percentage of illiteracy in the South is greatly 
increased by the presence of the negroes and 
the lack of schools in the mountain regions; 
while the changing character of foreign imi- 
gration alters the situation greatly in such 
states as Pennsylvania. 

Some striking peculiarities are to be noted 
as follows: of white persons born of native 
parents the percentage of illiteracy is 5.7 and 
of natives born of foreign parents only 1.6. 
This may be accounted for by noting that the 
immigrants in general settle in states and 
cities where there are well developed school 
systems and compulsory education, while the 
native whites in greater proportion live in 
rural surroundings, and include the inhabit- 
ants of the southern mountain region. 

As indicating the effects of the educational 
systems of the different states it should be 
noted that of all white children of native born 
parents, from 10 to 14 years old, the illiteracy 
is only 2 per cent in Massachusetts, Con- 
necticut, Minnesota, North Dakota, South Da- 
kota, Nebraska, Utah and Washington; over 
2 per cent and less than 1 per cent in all New 
England states except Maine, in Ohio, Indiana, 
Michigan, Wisconsin, Iowa, Kansas, and in 
all the states of the western division except 
Colorado, New Mexico, and Arizona. While at 
the other extreme for the same ages of whites 
is Virginia, 9.3 per cent, North Carolina, 16.7 
per cent, South Carolina, 15 per cent, Tennes- 
see, 11.9, per cent, Alabama, 15.7 per cent, 
Louisiana, 17.4 per cent. 

Statistics of negro illiteracy show great 
progress; of children 10 to 14 years old, 20.1 
per cent illiterate in 1910 as against 52 per 
cent for those from 35 to 44 years old. 

See Bennett School Law; Educaton as a 
Function of Government; Education, Com- 
pulsory; Educational Statistics; For- 
eign Elements in the United States; 
Schools, Public, System and Problems. 

References: Scientific American, XCV, Sept. 
8, 1906, 174; Outlook, XCI, Jan. 16, 1909, 
114; Nelson's Encyclopedia (1906), VI, 370; 
U. S. Bureau of the Census, Twelfth Census 
(1890); Survey, March, 1911, 987; LitteVs 
Living Age, Sept. 30, 1911, 882. 

George E. Fellows. 

ILLUMINATI. A name given to certain 
religious -societies claiming perfection or en- 
lightenment in religious matters, applied espec- 
ially to a body of mystics in southern France 
in the 18th century whose deistic and repub- 
lican doctrines the American Federalist lead- 
ers, about 1798, claimed had been adopted by 
the "Democratic societies" in the United States. 

O. C. H. 



142 



IMMIGRANTS, CONVICT— IMMIGRATION 



IMMIGRANTS, CONVICT. See Convict 
Immigeants. 

IMMIGRANTS, HEAD TAX ON. Among 
the checks and limitations on immigration in- 
to the United States, has been a small head, 
tax, the purpose of which is not very clear; 
for it has never been large enough either to 
sift immigration or to bring a desirable reve- 
nue to the United States. The first tax (50 
cents) was laid August 3, 1882; by act of 
August 18, 1894, it was raised to $1.00, and 
by statute of March 3, 1903, to $2.00 from all 



immigrants except those from neighboring 
American countries including Cuba. By act of 
February -20, 1907, the rate was raised to 
$4.00 per head, and in the fiscal year, 1910- 
1911, it produced $3,669,816. The federal im- 
migration commission in its report of Decem- 
ber, 1910, thought the head tax ought to be 
raised considerably, and a bill to raise it to 
$5.00 was introduced in 1912. See Immigra- 
tion; Immigration Commission; Poll Tax. 
References: U. S. Immigration Commission 
"Reports" in Sen. Docs., 61 Cong., 3 Sess., No. 
747, I, II, VII, VIII. A. B. H. 



IMMIGRATION 



Statistical Survey. — About 29,000,000 immi- 
grants have come to the -United States since 
the Declaration of Independence. Most of 
these came during periods of prosperity. At 
the beginning of industrial depression immi- 
gration has always fallen off, sometimes by as 
much as two-thirds. With each era of re- 
turning prosperity, on the other hand, it has 
usually risen to a figure not reached before. 
The high water mark is that of 1907, when al- 
most 1,300,000 immigrants entered the United 
States. 

It is impossible to estimate with even ap- 
proximate accuracy the increase of our popula- 
tion through immigration. It falls short of 
20,000,000 by a considerable margin. Many 
of the immigrants have returned to their na- 
tive lands after a short stay here. This has 
been true particularly during the last decades. 
That about two-fifths of the present-day im- 
migrants eventually return, is the statement 
of the Immigration Commission in its recent 
report. Census. statistics showing the increase 
of foreign-born population available since 1850 
furnish some clue, but make no allowance for 
the. immigrants who died during the decade. 
The following table gives by decades the num- 
ber of immigrants; and the increase of for- 
eign-born population as shown by successive 
censuses : 



Year 


Immigrants 


Increase 

Foreign-Born 

Population 


1776-1820 


250,000* 

143,439 

599,125 
1,713,251 
2,598,214 
2,314,842 
2,812,191 
5,246,616 
3,687,564 
| 8,779,082 ' 




1821-1830 




1831-1840 




1841-1850 




1851-1860 . 

1861-1870 


1,894,095 
1,428,532 


1871-1880 _ 


1,112,714 


1881-1890 


2,628,161 
1,151 981 


1891-1900 . 


1901-1910 


3,174,610 




Total 


29,022.880 









* Estimated. 

Race Elements. — Until about 1885 the bulk 
of the immigrants were of Teutonic stock, of 



the English, German and Scandinavian races. 
The only important non-Teutonic elements were 
the Irish, and later the French-Canadian im- 
migrants. The immigration of the last two 
decades, however, has been mainly from south- 
ern and eastern Europe. The Poles, and the 
various Slav races of Austria-Hungary, the 
south Italians, and the Russian Jews, have 
constituted most of the immigration of recent 
years. 

The following table shows the total number 
of immigrants, in round numbers, from those 
countries which have been the chief sources of 
the stream of immigration. It brings out, al- 
so, how profoundly the predominant racial ele- 
ments among the immigrants have changed. 



Country 



Great Britain 

Ireland 

Germany 

Scandinavian Countries 

Canada 

Austria-Hungary 

Italy 

Russia 



Immi- 
grants 
1820-1910 



3,550,000 
4,200,000 
5,350,000 
1,800,000 
1,200,000 
3,200,000 
3,100,000 
2,400,000 



Per 
Cent of 
Total 
in 1882 



18.0 

9.7 
38.7 
16.3 
11.1 

4.5 

5. 

3.3 



Per 

Cent of 

Total 

in 1910 



2.9 
3.0 
4.6 
5.5 
23.9 
20.7 
13.9 



Immigrants of the Present Day. — Aside from 
its racial composition, the immigration of re- 
cent years has presented other reasons for 
alarm. Almost all the recent immigrants are 
unskilled laborers, and few of them possess 
any considerable amount of property. With 
the passing of cheap agricultural lands, most 
of the recent immigrants, unlike those of the 
earlier decades, have been compelled to seek 
employment in mines and factories. The bulk 
of the recent immigration has gone to the 
great industrial states. Almost one-half of all 
immigrants in 1910, who had in mind any 
definite location, expected to make their home 
in New York or Pennsylvania. It is particu- 
larly in the large cities that the immigrants 
have congregated. In most of our cities of 
above 100,000 population there are as many 
persons of foreign as of native birth. Families 



143 



IMMIGRATION 



whose heads are of native parentage are rarely 
found in the slums of our large cities. Where 
the recent immigrants have gone into agricul- 
ture they have done well. Only a small frac- 
tion of the present-day immigrants, however, 
possess the means to become land-owners. As 
agricultural laborers there is demand for im- 
migrants in some sections, but it is an open 
question whether the position of the immi- 
grant as an agricultural laborer is better than 
as a factory-hand. 

That criminal tendencies are characteristic 
of the immigrants of the present day, has often 
been asserted, but was conclusively disproved 
by the investigations conducted by the Immi- 
gration Commission. Comparison upon a fair 
statistical basis shows that the immigrants 
are not more given to the commission of 
crimes than are native Americans. Immi- 
grants of the second generation commit more 
crimes than do the immigrants themselves, a 
fact which merely reflects the relation of slums 
to the problem of crime. Nor do the immi- 
grants noticeably become public charges. Lack 
of willingness to work is not numbered among 
the faults of the present-day immigrant {see 
Ceime, Prevention of). 

On the other hand about one-third of the 
present-day immigrants are unable to read 
or write; among the south Italians the per- 
centage of illiteracy is above 50. Again, very 
many immigrants come to the United States 
without any intention of staying here longer 
than a few years {see Emigration), and many 
of those who plan to make the United States 
their permanent home have shown little dis- 
position to become American citizens. Com- 
paratively few of the immigrants from south- 
ern and eastern Europe who have been here 
longer than five years have as yet been nat- 
uralized. 

As a result of the conditions prevailing in 
their native lands, most of the immigrants 
of the present-day have a standard of living 
very much below that of native American 
workmen and of the earlier immigrants. The 
situation is rendered worse by the great excess 
of males among the recent immigrants, for the 
immigrant competitor of the native laborer 
usually does not have to support a family. 
When he does have a family, he has gener- 
ally been willing to call upon his wife to sup- 
plement the family income by her labor. 

Causes of Immigration. — Much of the immi- 
gration of recent years has been due to the 
efforts made by steamship companies to pro- 
mote it. Every district furnishing immi- 
grants has been flooded by the agents of these 
companies. Labor-contractors of their own 
race in this country acting as middlemen have 
been another factor in inducing these immi- 
grants to come. The fundamental reason for 
the coming of most recent immigrants, other 
than the Russian Jews, must, however, be 
sought in the economic oppression from which 



they have suffered in their native lands. The 
majority of the Slav and Italian immigrants 
were peasants or farm laborers in Europe. To 
these emigration to the United States has 
promised great improvement in their economic 
condition. Despite the low wages which these 
unskilled immigrants have been able to com- 
mand in our industries, their earnings are 
several times that which they realized in Eu- 
rope. 

Effects of Immigrant Competition. — The ef- 
fect of recent immigration on conditions in 
the United States is brought out in the recent 
volumes of the Report of the Immigration Com- 
mission. The result which stands out most 
clearly is that the immigrants of recent years 
have, to a very great extent, crowded out the 
native American and former immigrant work- 
men in the unskilled work in the basic indus- 
tries of this country. Almost 60 per cent of 
the laborers employed in the iron and steel 
plants east of the Mississippi are foreign born. 
If these figures applied only to the unskilled 
workmen, the preponderance of the immigrants 
would appear even more glaringly. Similar 
situations prevail in the meat-packing, coal- 
mining, and textile industries. Railway and 
street construction work has been almost mo- 
nopolized by the Italian and the Slav. In the 
sweatshops of the garment-making industry 
the native-born American is an exception. 

This displacement in unskilled work of la- 
borers with a high standard of living by those 
with a low standard is not altogether a result 
peculiar to the immigration of the last two 
decades. That it was to some extent character- 
istic also of the earlier immigration is brought 
out in clear relief in the history of garment- 
making. The first tailors in this country were 
native Americans and Englishmen; when the 
Irish and the Germans came in large numbers 
to the United States, they became the tailors. 
The Germans in their turn were mostly sup- 
planted by the Russian Jews. Because of their 
greater willingness to call upon the help of 
their wives and children, the Italians, and to 
some extent the Poles, are now crowding the 
Russian Jews out of the sweatshops. Some- 
thing of this same story can be told in the 
history of many other industries. That the 
competition of immigrants with lower stan- 
dards of living was formerly not so keenly 
felt as now, was due to the rapid expansion of 
industries, and to the existence of cheap agri- 
cultural lands. 

The fact that the immigrant has been a 
competitor of the American laborer has been 
the chief reason for the existence in this coun- 
try of racial antagonism. Prejudice is always 
developed among laborers against those who 
are willing to work cheaper. The fact that 
usually the laborer who was willing to work 
more cheaply was an immigrant of another 
race has made it seem that such antagonism 
is racial, not economic. However, where the 



144 



IMMIGRATION 



competitor with the lower standard of living 
was of the same race equal enmity has been 
shown. Former immigrants and their children 
have often manifested quite as strong prejudice 
against the newer arrivals of their own race, 
as have Americans of native parentage. 

The competition of immigrants with lower 
standards of living has led the native laborers 
to demand, through their trade unions, the 
enforcement of rigid apprenticeship rules, and 
the establishment of the closed shop. These 
devices protect the native laborers against 
the competition of the immigrants until these 
have been in this country for some time. In 
many industries in which unskilled work pre- 
dominates, however, labor unions do not now 
exist. The I. W. W. (Industrial Workers of 
the World) attempted to organize this ele- 
ment, and had marked successes in 1912 and 
1913. 

Effect of Immigration on Wages. — Another 
result of the immigration of recent years, which 
stands out clearly in the report of the Immi- 
gration Commission, is the fact, that the rate 
of wages for unskilled labor has not advanced 
as rapidly as might be desired. The average 
annual earnings of all male adults, skilled and 
unskilled, employed in the iron and steel man- 
ufacturing plants east of the Mississippi are 
only $346, and the average family income is 
but $568. Only 40 per cent of the families 
whose heads find employment in this industry 
can subsist upon the earnings of one person 
alone. With the recent immigrants the con- 
duct of boarding-houses has become the chief 
means by which those who have families sup- 
plement their scanty earnings. In other in- 
dustries, as in the textile centers, the labor 
of the wives in the factories is necessary to 
make ends meet. A considerable number of 
the immigrants are forced to use every room as 
a sleeping-room. Yet the investigations made 
under the direction of the Immigration Com- 
mission show that the immigrants move to 
larger quarters, and give up carrying on 
boarding-house groups, as soon as they can do 
so. 

Effect of Immigration on Distribution of 
Wealth. — Immigration has enabled American 
manufacturers to produce cheaply, through pre- 
venting the rate of wages for unskilled labor 
from advancing as rapidly as have prices gen- 
erally. This has been one of the chief factors 
in making possible the rapid development of 
our industries. Yet it is an open question 
whether it would not have been better had the 
exploitation of our resources been less rapid. 
Rapid development has, to a great extent, been 
purchased at the sacrifice of an equitable dis- 
tribution of wealth. Protection of the Ameri- 
can laborer against the competition of the pau- 
per labor of Europe, has been the watchword 
for much of the extreme tariff legislation; yet 
no real restriction has been placed upon the 
coming of the pauper laborer to the United 



145 



States. The net effect of these policies has 
been that the greater share of the advantages 
from the rapid expansion of our industries 
has gone to the account of the profits of 
manufacturers, rather than to the wages of 
laborers. 

Immigrant Colonies. — Of greater importance 
than any other problem created by immigra- 
tion is that of the assimilation of the new ar- 
rivals with our older population, and it grows 
no easier. The immigrant of today is racial- 
ly, temperamentally, and by training, out of 
touch with our previous population, and its 
institutions and ideals. For that reason the 
recent immigrants have herded together in 
communities of their own. There is scarcely 
a town of industrial importance east of the 
Mississippi and north of the Ohio and Potomac 
rivers, which has not its colony of Slavs, Ital- 
ians, or other recent immigrants. Even those 
of the recent immigrants who have gone into 
agriculture have located in distinct colonies, 
within the area occupied by which very few 
persons of native birth live. Every immigrant 
community has its own business institutions, 
its own churches and parochial schools, its 
own beneficial organizations, and often its own 
newspaper printed in a foreign language. 

Within these communities the leader whose 
advice is followed blindly is usually the man 
who conducts the immigrant bank. There the 
immigrants deposit their savings, or arrange 
for their transmission to their native lands. 
The immigrant banker also usually runs the 
labor agency through which the bulk of the 
immigrants find employment. Very often these 
men own, also, the stores, boarding-houses, and 
saloons which the immigrants patronize. In 
many cases these bankers and labor agents 
shamefully exploit the recent immigrants, yet 
the immigrants, in their ignorance of American 
language and customs, are absolutely under 
their control. 

These immigrant colonies, to a very great 
extent prevent the original immigrants from 
getting into touch with American institutions, 
but the children are much less closely confined. 
They have the advantage of the education of 
the streets, and are reached by our public 
school system, thanks to compulsory attend- 
ance. The Immigration Commission has found 
that the children of recent immigrants are do- 
ing quite as well in our schools as do those of 
native parentage. Social settlements and in- 
stitutional churches, also, do their best work 
with the immigrants of the second generation. 
The assimilation of the children of recent im- 
migrants doubtless progresses rapidly. The 
investigations conducted by the Immigration 
Commission seem to show, that even physically 
the children of the recent immigrants differ 
from their parents, and tend to conform to a 
general American type. 

Effect of Trades Unions on Immigrants. — Al- 
most the only agency which works toward the 



IMMIGRATION 



Americanization of the immigrants themselves 
is the trade union. There all races are brought 
together. Serious friction between them is 
largely eliminated. When the immigrant and 
the native laborer are in the same union their 
interests are identical: consequently racial an- 
tagonism disappears. Trade union member- 
ship also cultivates in the immigrants a spirit 
of resistance to oppression which was alto- 
gether foreign to them in Europe. American 
trade unions have usually insisted upon all 
their members becoming American citizens. 
Hecent immigrants have made the best of 
unionists. In strikes, in late years, the Slavs 
have repeatedly displayed the spirit of "never 
say die," amid the greatest hardships. This 
demonstrated capacity of the Slav for union- 
ism is one of the most hopeful signs of our 
ability to assimilate the immigration of recent 
years. Unfortunately most of it has gone into 
industries in which there are now no unions. 

Restriction. — As early as the Passenger 
Cases (7 How. 283) in 1848 it was established 
that the Federal Government has exclusive ju- 
risdiction over all matters relating to immi- 
gration. This power is a necessary consequence 
of the control of foreign relations and com- 
merce by the National Government. The power 
of Congress to regulate immigration is unlim- 
ited: in the Chinese Exclusion Cases (130 U. 
S. 581, 149 U. 8. 698) it was decided that any 
restriction deemed proper, even that of total 
exclusion, may be placed upon the admission 
of immigrants. 

Not until 1882 did Congress enact any law 
restricting admission; and most of the restric- 
tive state legislation adopted prior to that date 
had been pronounced invalid as an invasion of 
federal powers. The sum total of the action 
of Congress upon immigration prior to that 
date was -represented by a statute of 1864, 
which created the office of Immigration Com- 
missioner, with the duty of cooperating with 
the states in inducing immigrants to come, 
and in protecting them against frauds. 

The law of 1882 was based upon the prin- 
ciple of excluding the least desirable immi- 
grants. As such were designated escaped con- 
victs, idiots, and persons likely to become pub- 
lic charges. The list of the classes of immi- 
grants to whom admission is denied has since 
1882 been very greatly extended, till in 1912 
it covered in addition to the above: all those 
afflicted with a dangerous, contagious or loath- 
some disease; all those convicted of serious 
crime in their native lands; anarchists and the 
morally unsound; prostitutes, and those who 
engage in the "white slave" traffic; paupeijs 
and professional beggars. No serious opposi- 
tion was ever offered to the exclusion of any 
of the above classes of undesirable immigrants. 

Another series of provisions which exclude 
contract laborers and Chinese coolies, were 
adopted mainly because of the efforts of organ- 
ized labor, and against the opposition of many 



organizations of manufacturers. The first Chi- 
nese Exclusion Act, which came into operation 
in 1882, barred all Chinese immigrants who 
could not prove that they were students, travel- 
lers, diplomats, professional men, or mer- 
chants. At the end of ten years this law was 
reenacted and there is no movement for its 
repeal (see Chinese Exclusion). 

The law excluding all immigrants who, pri- 
or to leaving their native lands have entered 
into contracts to work for persons in this 
country, was enacted in 1885. In 1903 it waa 
extended so as to cover every form of implied 
contract. 

Enforcement of Immigration Legislation.— 
Until 1891 the administration of the laws was 
left mainly to state officers. Since that date 
it has been the duty of federal immigration 
inspectors placed at all ports of entry, under 
the direction of the Commissioner General of 
Immigration, a subordinate of the Secretary 
of Labor. 

The course of immigration can best be stud- 
ied at New York, where three-fourths of all 
immigrants land. Cabin passengers are ex- 
amined orally by immigration inspectors be- 
fore vessels make a landing. All those who 
seem to fall within any of the excluded classes 
of immigrants are brought to Ellis Island, 
along with all those who travel in the steerage 
At Ellis Island inspection consists mainly of 
medical examination, and of oral quizzing to 
ascertain discrepancies in the statements made 
by immigrants and those appearing upon their 
manifests, which masters of vessels are re- 
quired to prepare at the time of embarkation. 
All immigrants whose right to land seems 
doubtful are detained for further examination 
before a board of special inquiry, consisting 
of three inspectors: a vote of two of these en- 
titles immigrants to admission. If the decision 
of the board of special inquiry is adverse to the 
immigrant he has an appeal to the commis- 
sioner of the port, and beyond him to the 
Commissioner General of Immigration, and 
finally to the Secretary of Labor. There 
is no right of appeal to the courts. Immi- 
grants barred are returned to their native 
countries at the expense of the steamship com- 
panies who brought them, which also bear 
the cost of maintenance during their deten- 
tion. For bringing over a person afflicted with 
disease capable of detection at the time of 
embarkation, the steamship companies are also 
subject to fine. Immigrants, who after landing 
become public charges because of reasons which 
existed at the time of their arrival, are subject 
to deportation within two years after their 
admission. 

Effectiveness of Restrictions. — The system 
seems to have been gradually improving with 
the constant modification of laws necessitated 
by new methods of evasion. In recent years 
an increasing proportion of immigrants is de- 
ported till it reaches about 2 per cent of the 



146 



IMMIGRATION 



total immigrants. The investigations conduct- 
ed by the Immigration Commission led it to 
the conclusion that laws barring the mentally 
defective and the diseased are not often evaded, 
though all other excluded classes considerably 
evade the law. Many Chinese coolies doubtless 
enter the United States, especially by way of 
Mexico and Canada. That the exclusion acts 
have not been a dead letter, however, is in- 
dubitably brought out in the decrease in the 
number of Chinese in this country since their 
enactment. The old forms of contract labor 
importation 1 have been nearly broken up by 
the law directed against them. A large per- 
centage of the recent immigrants from south- 
ern Europe, however, have fallen under the 
control of labor agents of their own race in 
this country, and thus are virtually in the 
same position as were the former contract 
laborers. Ex-convicts and persons likely to 
become public charges, constantly get . by the 
immigration inspectors. Only through coop- 
eration with European police officials can the 
exclusion of criminals be made reasonably cer- 
tain. To keep out persons who become public 
charges a system is needed of following up 
immigrants after they have landed. 

The theory upon which the laws are based 
is that steamship companies will do their ut- 
most to prevent excluded immigrants from 
coming to the United States, but it has not 
worked out in practice. By a practice of forc- 
ing those whose admission seems doubtful to 
pay double passage, the law requiring steam- 
ship companies to bear the expenses connected 
with the detention and deportation of excluded 
immigrants has been robbed of its terrors. 
Much more effective has proven the system of 
fining the companies for every diseased immi- 
grant they bring over. The extension of this 
principle to other classes of excluded immi- 
grants, would force the steamship companies 
to introduce an efficient system of inspection 
before embarkation. 

Proposed Restrictions. — Aside from the 
Chinese Exclusion Acts, the aim of all of our 
immigration legislation has been improvement 
rather than restriction. Determined efforts 
have, however, long been made to get Congress 
to adopt a policy of substantially reducing the 
number of immigrants. The Immigration Com- 
mission in its report of 1910 unanimously rec- 
omended that this policy be adopted. To sup- 
plement this policy of restricting immigration 
in such manner as to produce marked effect 
upon the supply of unskilled labor, the Immi- 
gration Commission recommended the policy of 
excluding those who are least likely to be 
readily assimilated. 

These ends, a majority of the Commission 
held, could best be secured through requiring 
that all adult immigrants shall be able to read 



tional test secured the approval of Congress 
in 1897, only to be defeated by the vote of 



President Cleveland. A similar provision was 
vetoed by President Taft, 1913. An educational 
test would be effective in reducing the number 
of immigrants for the immediate future, for 
about one-third of all the immigrants of recent 
years could not read or write. As to whether 
it would select the immigrants who make the 
most valuable addition to our population, is 
more open to debate: education is no warrant 
of character, and opponents of this test point 
out, that most illiterate immigrants are such 
through no fault of their own. A great merit 
of the educational test, on the other hand, is 
the comparative ease with which it can be 
administered. It is certain, also, that illiter- 
ates as a class correspond quite closely to the 
immigrants with the lowest standard of living. 

Of other methods of bringing about restric- 
tion of immigration, the exclusion of all per- 
sons of poor physique which the Immigration 
Bureau has been urging, has found perhaps the 
greatest favor. The barring of all unskilled 
laborers unaccompanied by their families, has, 
also, many advocates. The increase of the 
head tax which immigrants must pay has often 
been urged in Congress. Its great defect is 
the ease with which it can be evaded in spirit, 
if not in letter. 

See Aliens, Constitutional Status of; 
Anarchists, Exclusion of; Chinese Immi- 
gration and Exclusion; Commerce, Inter- 
national ; Contract Labor Law ; Convict Im- 
migrants; Democracy and Social Ethics; 
Emigration from the United States; Ex- 
patriation; Expulsion from the United 
States; Foreign Elements in the United 
States; Immigrants, Head Tax on; Immi- 
gration Commission; International Law, 
Private; Natural Rights; Population of 
the United States; Protection to Amer- 
ican Citizens Abroad; Quarantine; Ship- 
ping, Regulation of. 

References: F. A. Walker, Discussions in 
Economics and Statistics (1899), II, 417, 454; 
J. A. Riis, Row the Other Half Lives (1892) ; 
"Work of the Immigration Commission" in 
Survey, XXV (1910), 571-604; G. W. Evans, 
Alien Immigration (1903) ; E. A. Steiner, On 
the Trail of the Immigrant (1906), Immigrant 
Tide; Its Ell and Flow (1907) ; U. S. Indus- 
trial Commission, Reports (1901), XV, 1840, 
(1902), XIX, 957-1030; Senate Committee on 
Immigration in Senate Reports, 57 Cong., 2 
Sess., No. 62 (1903) ; U. S. Immigration Com- 
mission, Reports (1909-1912) ; P. F. Hall. Im- 
migration (1906) ; B. Brandenburg, Imported 
Americans (1903) ; A. B. Hart, Southern South 
(1910), ch. iv; R. M. Smith, Emigration and 
Immigration (1890) ; E. E. Proper, Colonial 
Immigration Laws (1900); J. R. Commons, 
Races and Immigrants (1905); Emily Balch, 
Our Slavic Fellow Citizens (1910) ; Am. Year 
Book, 1910, 397, 400, and year by year; Li- 
brary of Congress, List of Books tvith Reference 
to Periodicals on Immigration (3d issue, 



147 



IMMIGRATION, BUREAU OF— IMMUNITY FROM PROSECUTION 



1907), Select List of References on Chinese mission, with the exception' of one member, 



Immigration (1904) ; A. B. Hart, Manual 
(1908), § 225. John R. Commons. 

IMMIGRATION, BUREAU OF. The Bureau 
of Immigration is one of the bureaus of the 
Department of Labor {see Labor, Department 
of) and is directed by the Commissioner Gen- 
eral of Immigration. The duties of the bureau 
are to administer the alien immigration, con- 
tract labor, Chinese exclusion, and naturaliza- 
tion laws, and to aid in distributing immi- 
grants according to the demand for immigrant 
labor. The work of the bureau is performed by 
two divisions under the Commissioner General, 
who takes immediate charge of the enforce- 
ment of the immigration laws, and the chief 
of the Division of Information. The most 
important immigration station is located at 
Ellis Island, New York, but stations are main- 
tained at all the chief seaports, where the 
physical, mental, and moral defectives, as well 
as persons likely to become public charges or 
afflicted with contagious diseases, polygamists, 
anarchists, contract laborers, and Chinese are 
eliminated. The bureau also enforces the law 
concerning the deportation of aliens. The 
Division of Information aims especially to 
assist immigrants to settle on the land and is, 
in practice, of more assistance to farm laborers 
and domestics than to other classes of immi- 
grants. For the year ending June 30, 1912, 
the bureau reported the admission of 1,017,155 
immigrant aliens, and the departure of 
615,292 emigrant aliens, while 16,057 aliens 
were debarred, and 2,456 were deported. See 
Alien; Citizenship in the United States; 
Declaration of Intention to be Natural- 
ized; Foreign Elements in United States; 
Immigraton. References: Dept. of Commerce 
and Labor, Annual Reports; Commissioner 
General of Immigration and Naturalization, 
Annual Reports. A. N. H. 

IMMIGRATION COMMISSION. The Immi- 
gration Commission was established under a 
statute of Feb. 20, 1907, § 39. It was created 
to secure more accurate data than had been 
available, as to the cause, and, more especially 
as to the effects, of immigration. This work 
has been done thoroughly by specif 1 investi- 
gators and experts employed by the Commis- 
sion. The investigations made in this country 
were concerned with above 3,000,000 persons, 
and much work was done abroad. The reports 
of the Commission were planned to cover forty 
volumes. 

The keynote struck in the preliminary recom- 
mendations of the Commission made in De- 
cember, 1910, was the necessity of reducing the 
number of immigrants, to prevent a further 
oversupply of unskilled labor. The immi- 
grants to be excluded, the Commission recom- 
mended, ought to be those who are least likely 
to be readily assimilated. This policy, the Com- 



believed could best be carried out through re- 
quiring that all immigrants admitted should 
be able to read and write in some language. 
The safe-guarding of immigrants against ex- 
ploitation and their distribution where they 
are needed, were other problems the Commis- 
sion considered of most vital importance. It 
recognized, however, that federal legislation 
can do but little toward their solution. Final- 
ly, the Commission recommended detailed 
changes in the administration of existing re- 
strictions upon immigration, to render them 
more effective. 

Based upon these recommendations, an elab- 
orate statute passed both houses of Congress 
in 1913, but the measure was vetoed by Presi- 
dent Taft. 

See Expulsion from United States; Im- 
migrants, Head Tax on; Immigration; Im- 
migration, Bureau of. 

References: U. S. Immigration Commission, 
Report (1909-12) ; Symposium upon the Re- 
port of the Immigration Commission in Survey, 
XXV, 1911, 517-9, 524-31, 571-604. 

John R. Commons. 

IMMUNITY. Exemption from serving in 
public office, or from performing other duties 
which citizens generally are required to per- 
form. Thus, most public officers and members 
of some professions are exempt from jury 
service, that their duties may not be interfered 
with. In a less technical sense the term is 
applied to many of the political and civil 
guaranties in the United States and the vari- 
ous state constitutions. These are chiefly 
stated in the first ten amendments to the 
Constitution of the United States. See 
Bills of Rights; Constitution of the 
United States, Amendments to; Privileges 
and Immunities. H. M. B. 

IMMUNITY BATH. A term probably first 
used in 1906 applying to the sixteen individual 
defendants in the beef trust case discharged 
by Judge Humphreys of the United States Dis- 
trict Court at Chicago, on the ground that they 
had secured personal immunity by furnishing 
the evidence upon which the indictments were 
based — hence the term, immunity bath, denotes 
immunity from prosecution secured through 
the giving of testimony, and has been applied 
especially to officers of corporations testifying 
before the Bureau of Corporations or before a 
federal grand jury. See Evidence; Law, Crim- 
inal. O. C. H. 

IMMUNITY FROM PROSECUTION. Ex- 
emption from prosecution for treason, crime 
or other offenses against the state, obtained by 
general amnesty acts, pardon or statutes of 
limitation. In effect it may also be obtained 
by confessing to complicity in a joint crime. 
See State's Evidence. H. M. B. 



148 



IMPEACHMENT 



IMPEACHMENT 



History. — Impeachment is the act of bring- 
ing formal charges or accusations against a 
public officer before a public tribunal qualified 
to pass upon the charges. The charges writ- 
ten out in detailed form are called articles of 
impeachment. Familiar in England for several 
centuries, impeachment as a form of trial was 
adopted by several colonies and, afterward, by- 
seven states, so that the convention of 1787 
created nothing new when it provided for 
impeachment in the Constitution (Art. II, Sec. 
iv ) . There have been nine impeachments in 
our national history. 

I. On July 9, 1797, the Senate expelled Wil- 
liam Blount of Tennessee, following a request 
from the House that he be "sequestered from 
his seat," pending impeachment charges. 
There was long discussion before the articles 
were prepared, the doubtful constitutionality 
of the impeachment of a member of Congress 
being urged. Finally, on December 24, 1798, 
five articles of impeachment were brought. 
These accused the former Senator of conspiracy 
to transfer New Orleans and adjacent terri- 
tory from Spain to Great Britain, and of con- 
spiracy to alienate the Creeks and Cherokees 
from friendly relations with Spain and the 
United States. In the mean time Blount had 
been elected to the legislature of Tennessee 
and had been made president of the senate. 
He did not appear for trial, but through 
his counsel declared that as a Senator he was 
not an "officer" liable to impeachment under 
the Constitution, and that, since his expulsion, 
he was no longer a Senator. The Senate sus- 
tained this plea of non-jurisdiction, and the 
case was dismissed. 

II. On March 3, 1803, the House impeached 
John Pickering, United States district judge of 
the^ district of New Hampshire, on four counts. 
Three of these were concerned with alleged ir- 
regularities of judicial procedure in connection 
with the seizure of the ship Eliza. The fourth, 
which was the real charge, declared that Pick- 
ering was of loose morals and intemperate 
habits, that he had appeared upon the bench in 
a state of intoxication, and that he had in- 
voked the name of the Supreme Being in a 
profane and indecent manner. Despite the 
plea of insanity made by his son, the Senate, 
by a party vote, convicted him on March 12, 
1803, and he was removed from office, but was 
not disqualified from future office holding. 

III. On November 30, 1804, Samuel Chase, 
associate justice of the United States Supreme 
Court, was impeached under eight articles. 
These covered arbitrary and unjust conduct 
in the treason trial of John Fries in April, 
1800, and in the sedition trial of J. T. Callender 
in May 1800, improper urging of a grand jury 



149 



in Delaware in June, 1800, and an inflamma- 
tory political harangue to a grand jury at 
Baltimore in May, 1803, with intent to excite 
the people of Maryland against their state 
government and against the United States. 
The last constituted the real offense in this po- 
litical trial. On three articles he was found 
guilty by small majorities. On the other five 
he was found not guilty, but as a two-thirds 
vote was not given in any case, he was de- 
clared not guilty on all, March 1, 1805. 

IV. December 13, 1830, James H. Peck, 
United States district judge for the district 
of Missouri, was impeached for imprisoning 
an attorney on April 21, 1826, and suspending 
him from practice for eighteen months, for 
reviewing in a newspaper article a published 
decision of the judge in a land case. He was 
acquitted by the Senate, the vote being 21 
to 24. 

V. At the outbreak of the Civil War, West 
H. Humphreys, United States district judge 
for the district of Tennessee, did not resign, 
but became an active Confederate. He was im- 
peached on seven charges, covering open ad- 
vocacy of secession, conspiracy with Confed- 
erate leaders, failure to hold federal courts, 
holding court as a Confederate judge in which 
capacity he sentenced men to be banished and 
imprisoned, ordered their property to be con- 
fiscated, especially the property of Andrew 
Johnson, and arresting and imprisoning Wil- 
liam Gr. Brownlow. He was convicted on each 
charge except that part referring to Johnson, 
and by unanimous vote, June 26, 1862, was 
removed from office and disqualified. 

VI. The most famous of all American im- 
peachment cases is that of Andrew Johnson, 
President of the United States. It wa. the 
outgrowth of the quarrel between President 
and Congress on reconstruction. The trial on 
eleven articles began on March 5, 1868. Eight 
of these related to the removal of Edwin M. 
Stanton, Secretary of War, and the appoint- 
ment of Lorenzo Thomas in his place. The 
other three were connected with reflections by 
the President upon the acts, the personnel and 
the authority of Congress. On March 16, 1868, 
by agreement, a vote was taken on the eleventh 
article resulting 35 to 19 for conviction. 
March 26, votes were taken on the second and 
third charges with the same result. As there 
were not the necessary two-thirds in favor of 
conviction, the Senate adjourned sine die, and 
the Chief Justice, as presiding officer, directed 
a verdict of acquittal to be entered on the 
record. 

VII. March 2, 1876, the House voted unani- 
mously to impeach William W. Belknap, Secre- 
tary of War, for receiving nearly $25,000 for 



IMPEACHMENT' 



the appointment and retention in office of the 
post-trader at Fort Sill, Indian Territory. A 
few hours before this action, the Secretary 
resigned and the President accepted his resig- 
nation. When, on April 4, 1876, five articles 
of impeachment were presented to the Senate, 
Belknap claimed that, as a private citizen of 
Iowa and no longer a civil officer of the United 
States, he could not be impeached. After near- 
ly a month's debate, the Senate voted 37 to 
29 that the impeachment might proceed. On 
August 1, 1876, he was declared guilty on 
three articles by 36 to 25 and on the other 
two by 35 to 25, but the vote for conviction 
not being two-thirds, a verdict of acquittal 
was entered. 

VIII. Twelve articles of impeachment were 
brought against Charles Swayne, United States 
district judge for the northern district of 
Florida, January 24, 1905. Three charged him 
with taking excessive fees for service outside 
his district. Two related to the use of a 
private car furnished by the receiver of a 
railroad alleged to have been appointed by him. 
Two charged him with living outside his dis- 
trict, and the other five were concerned with 
improper fining and imprisoning of attorneys. 
On February 27, 1905, he was acquitted, being 
adjudged not guilty on each of the counts. 

IX. On July 11, 1912, the House of Repre- 
sentatives, by a vote of 220 to 1, resolved on 
the impeachment, on thirteen charges, of Rob- 
ert W. Archbald, appointed a United States 
district judge for the middle district of Penn- 
sylvania, March 29, 1901, and elevated to the 
United States circuit court bench, January 31, 
1911, when he was designated as one of the 
judges of the United States Commerce Court. 
The articles of impeachment were laid before 
the Senate July 15, and the trial was begun 
December 2. Five of the articles charged 
Judge Archbald with improper use of his in- 
fluence to induce litigants in his court or 
before the Interstate Commerce Commission 
to enter into commercial agreements advantage- 
ous to himself or other parties; five alleged 
the acceptance by Judge Archbald of financial 
favors from litigants in his court, railroad of- 
ficials, and attorneys practicing before him; 
of the remaining three articles, one referred 
to the appointment of the general counsel for 
a railroad company as jury commissioner for 
the middle district of Pennsylvania, another 
charged the private solicitation of additional 
arguments from an attorney practicing in the 
Commerce Court to sustain an opinion favor- 
able to his client, and the third was a blanket 
indictment covering practically all the other 
charges. On January 13, 1913, by votes rang- 
ing from 68 to 5 to 42 to 20, the Senate found 
Judge Archbald guilty on five charges, the last 
two mentioned above and three of the articles 
charging the use of influence to obtain con- 
cessions from persons interested in suits in 
his court. He was removed from office by a 



unanimous vote, and, by a vote of 39 to 35, 
disqualified to hold any office of honor, trust 
or profit under the United States. 

In general it is to be noted, that there were 
but three convictions out of the nine cases, and 
that, in a number of them, there was a marked 
political bias to the trials. 

Constitutional Provisions. — The Constitution 
furnishes the foundation of the law of im- 
peachment. It vests in the House the sole 
power of impeachment (Art. I, Sec. ii, ff 5). 
It gives the Senate the sole power to try im- 
peachments (Art. I, Sec. iii, flfl 6, 7), provides 
that Senators shall be on oath or affirmation 
when sitting for that purpose, declares that no 
one shall be convicted without the concur- 
rence of two-thirds of those present. If the 
President is impeached, the Chief Justice of 
the Supreme Court is the presiding officer. The 
President, the Vice-President, and all civil 
officers of the United States may be impeached 
and removed from office on conviction of trea- 
son, bribery or other high crimes and misde- 
meanors. The President's power of pardon 
does not cover those convicted by impeach- 
ment (Art. II, Sec. ii, fll). Judgment in 
cases of impeachment shall not extend further 
than to removal from office and disqualifica- 
tion to hold and enjoy any office of honor, 
trust or profit under the United States; but 
the party convicted shall, nevertheless, be lia- 
ble and subject to indictment, trial, judgment 
and punishment according to law. The right 
of trial by jury for all crimes is expressly 
limited in cases of impeachment. 

For its own government in cases of impeach- 
ment the Senate has adopted a set of rules. 
But interesting questions have arisen in con- 
nection with trial by impeachment, which have 
led to much discussion and wide divergence 
of view. What offences are impeachable? The 
Constitution does not give a clear decision. It 
mentions "treason, bribery, and other high 
crimes and misdemeanors" (Art. II, Sec. iv). 
It defines treason in specific terms, but it is 
silent on the others (Art. Ill, Sec. iii, fll). 
Bribery is well understood, but high crimes 
and misdemeanors are vague words. Two con- 
flicting theories have developed, one, that im- 
peachment covers only indictable offences, thus 
materially limiting its scope; the other, which 
seems to have the better support both in the 
argument and in illustrations from the nine 
federal cases, that officials are impeachable 
when no offence against positive law has been 
committed, the words "high crimes and misde- 
meanors" having purposely been left uncertain 
in their meaning. "A cause for removal 
from office," says Curtis, "may exist where no 
offence against positive law has been commit- 
ted, as where the individual has, from immoral- 
ity, or imbecility, or maladministration, be- 
come unfit to exercise the office." 

Who may be impeached? The Constitution 
mentions "the President, the Vice-President 



150 



IMPERIALISM 



and all other civil officers." Are Senators and 
Representatives impeachable? In the Blount 
case the question seems to have been answered 
in the negative, although there is opposition 
to this theory. Closely connected with this 
is the question whether a person no longer in 
office can be impeached, and whether one who 
is charged may escape impeachment by resign- 
ing. It was not determined in the Blount 
case, but in the Belknap case the Senate decid- 
ed by 37 to 29 that the impeachment should 
proceed despite the resignation of the accused, 
the ablest lawyers in the body favoring this 
view. The trial went forward, even though 
Belknap claimed that the failure of a two- 
thirds vote on the question showed lack of 
jurisdiction. That ex-officials are impeachable 
has been advocated strongly on several occa- 
sions, a statement of John Quincy Adams being 
quoted that such a person is "just as liable 
twenty years after his office has expired as 
while in office." 

Must the crime be committed in discharge 
of official duty? The Senate did not decide 
this point in the Blount case, but eminent au- 
thorities contend that impeachment is not lim- 
ited to official acts. In the cases of Humphreys 
and Swayne, charges were included covering 
matters not connected with official duties. 

May the accused be arrested, sequestered or 
removed from office pending judgment on im- 
peachment? Blount was arrested and put 
under heavy bond. This power appears un- 
necessary, since removal and disqualification 
are the only penalties, and since attendance 
of the accused at an impeachment trial is not 
required. Moreover Blount was expelled while 
awaiting trial. In the Constitutional Con- 
vention a motion providing for the temporary 
suspension of an officer under impeachment 
charges was lost. Johnson was not suspended 
during trial, although Senator Sumner con- 
tended that the Chief Justice was chosen to 
preside over the impeachment trial of the Pres- 
ident, because the usual presiding officer, the 
Vice-President, was assumed to be performing 
the duties of the President for the time being. 
The commonly accepted notion, however, is that 
the Vice-President's personal interest in the 
decision makes him an undesirable chairman. 
The right to suspend is a doubtful one. 

See Johnson, Andrew; Judiciary; Recall; 
Reconstruction; Senate. 

References: In general; J. Story, Comment- 
aries on Const, of U. S. (1873), I, 494-497, 
527-573; R. Foster, Commentaries on Const, 
of U. 8. (1895), I, 505-632, (on Colonial and 
State Impeachments, 633-713) ; "Cases of Im- 
peachment" in Extracts, Journ. of U. 8. Sen. 
(1904); G. T. Curtis, Const. Hist, of U. 8. 
(1889), I; Documentary Hist. Const- of U. 8. 
(1894-1900), III; G. W. Van Nest, "Impeach- 
able Offenses under the Constitution of the 
U. S." in Am. Law Rev., XVI, Nov., 1882, 
798-817; D. Y. Thomas, "Law of Impeach- 



ment" in Am. Pol. Set. Rev., II, May, 1908, 
378-395; T. W. Dwight, "Trial by Impeac- 
hment" in Am. Law Register, VI (N. S.), 
Mar., 1867, 257-283; W. Lawrence, "Law 
of Impeachment" in Am. Law Register, VI 
(N. S.), Sep., 1867, 641-680; H. Taylor, 
"Am. Law of Impeachment" in Xo. Am. Rev., 
CLXXX, Apr., 1905, 502-512; for the 
Blount trial, Trial of William Blount (1799) ; 
F. Wharton, State Trials (1849), 200-321; 
F. J. Turner, "Docs, on the Blount Conspiracy" 
in Am. Hist. Rev., X (1905), 574-606; for the 
Pickering trial, "Cases of Impeachment of 
William Blount, John Pickering and Samuel 
Chase" in Journ. of U. S. Sen. (1805), 140; 
for the Chase trial, C. Evans, Trial of Judge 
Chase (1805); S. H. Smith and T. Lloyd, 
Trial of Judge Chase (1805) ; for the Peck 
trial, A. J. Stansbury, Trial of Judge Peck 
(1833) ; for the Humphreys trial, Congres- 
sional Globe, 37 Cong., 3 Sess., Pt. IV, 2942- 
2953; House Reports, 37 Cong., 2 Sess. 
(1862); for the Johnson trial, Impeachment 
of President Johnson (3 vols., pub. by Sen., 
1868) ; D. M. DeWitt, Impeachment and Trial 
of President Johnson (1903) ; E. G. Ross, Im- 
peachment of Andrew Johnson (1896) ; for 
the Belknap trial, Impeachment of Secretary 
Belknap (pub. by Sen., 1876) ; E. McPherson, 
Handbook (1876), 137, 156-170; for the 
Swayne trial, Sen. Doc., 58 Cong., 3 Sess., 
Xo. 11 (1905); for the Archbald trial, Am. 
Year Book, 1913; House Rep., 62 Cong., 2 
Sess., 946; Sen. Docs., 62 Cong., 3 Sess. 1140; 
Cong. Record, 62 Cong., 3 Sess., XLI. 

Francis W. Shepardson. 

IMPERIALISM. Imperialism is a word 
which has been used at different times to des- 
ignate quite different political concepts. These 
various usages can be understood only as the 
result of the consideration of the history of 
European political development. Prior to the 
break up of the Holy Roman Empire in 1806, 
imperialism represented, primarily, the idea 
of bringing under one rule peoples of different 
races and tongues. The characteristics of the 
imperial state were great extent, great hetero- 
geneity of population and, generally speaking, 
great absolutism. With the fall of this em- 
pire arose the great historical movement for 
the establishment of national states, the prime 
characteristics of which were: limited terri- 
tory, homogeneity as regards race and tongue 
and, ultimately, increasing emphasis upon the 
idea of the consent of the governed. Imperial- 
ism, however, continued to live, both as a po- 
litical conception and as a principle underlying 
the constitution of modern states. Xo longer 
did it carry with it, however, the idea of the 
world state such as found expression in the 
Roman Empire, the empire of Charlemagne 
and the Holy Roman Empire. 

With the development of the policy on the 
part of European nations of acquiring outside 



151 



IMPLIED POWERS 



territories and governing them as colonies and 
dependencies, the word imperalism has taken 
on a new significance. In popular usage the 
term is now frequently employed to designate 
specially this policy of acquiring dependent 
territory and governing it without regard to 
the wishes of the people so brought under the 
control of another people and race. 

As used in American politics, imperialism 
is employed to designate the policy upon which 
the United States has embarked of acquiring 
territory not a part of the United States prop- 
er, nor contiguous to it, which, on account of 
it3 climate, location, character of inhabitants, 
or other conditions, cannot, within any reason- 
able time be incorporated with the Union as 
constituent states of the nation. The term 
came into general use in this country immedi- 
ately after the close of the war with Spain in 
1898, which resulted in the acquisition by the 
United States of the Philippines, Porto Eico 
and certain other smaller islands. 

The acquisition and subsequent retention of 
these territories, and particularly the Philip- 
pines, has been bitterly antagonized by a cer- 
tain portion of the population of the United 
States on the ground both that doing so was 
unwise from a practical standpoint, and be- 
cause it was claimed that such action repre- 
sented a flagrant violation of the fundamental 
principles upon which our constitutional sys- 
tem rested. A republic, or at least one having 
the character and historical tradition of the 
United States, could not, it was held, consist- 
ently hold territory in a status of dependency, 
that doing so introduced in effect the imperial- 
istic idea. 

The more active of these persons effected an 
organization under the name of the "Anti- 
Imperalist League," with headquarters at Bos- 
ton. This league has conducted a vigorous 
campaign, through the issue of publications 
and other means, for the propagation of its 
ideas and the adoption by the Government of 
its principles. This campaign was conducted 
with especial energy during the period immedi- 
ately following the war with Spain, when the 
United States was engaged in active hostilities 
with the Filipinos for the supression of the 
rebellion led by Aguinaldo. There can be no 
doubt that the knowledge that there was 
strong opposition in the United States to the 
prosecution of this war and in advocacy of 
granting, in large part at least, the demands 
of Aguinaldo, lent encouragement to the enemy 
and was influential to some extent in prolong- 
ing the contest. There was, accordingly, strong 
feeling against the anti-imperalists, as they 
were called, this feeling going to the extent 
that their acts were, by some, claimed to be 
treasonable. 

The questions involved were of such impor- 
tance, that the matter of imperialism, by 
which the policy of the Republican administra- 
tion was stigmatized, became a party issue, 



the Democratic party (see), under the leader- 
ship of Mr. Bryan, making opposition to it 
one of the chief planks in the Democratic 
platform. Imperialism also figured, though to 
a less extent, as one of the issues of the 1912 
campaign. Notwithstanding the Republican 
victory, it is impossible to determine the 
extent to which the principles for which the 
anti-imperialists contend are in theory held 
by the people. Many persons, though hold- 
ing to such principles, believe that since 
the nation has committed itself to the other 
"policy there is no way, consistent with due 
regard to national prestige and fulfillment of 
obligations, by which a change can now be 
made. 

With the acquisition of these dependencies 
an accomplished fact, the efforts of the anti- 
imperialists are now being directed mainly 
towards having the United States definitely 
announce its intention of granting independ- 
ence to these territories, at the earliest prac- 
ticable date, and of using all its efforts to- 
wards hastening the day when this can be 
accomplished. 

See Annexations to the U. S.; Anti-Im- 
perialists; Philippine Islands. 

References: Anti-Imperialist League, Re- 
ports (1899-1910) ; E. Atkinson, The Anti-Im- 
perialists (1899-1910). 

W. P. Willoughby. 

IMPLIED POWERS. Although the Federal 
Government is one of enumerated powers (see 
Construction and Interpretation), never- 
theless it must be presumed that the intention 
embodied in the Federal Constitution was to 
grant not only the express powers enumerated 
but the incidental powers reasonably neces- 
sary for their proper exercise. Indeed, there 
is, in a sense, an express grant of implied 
powers in the instrument itself, found in the 
provision that Congress shall have power "to 
make all laws which shall be necessary and 
proper for carrying into execution" (see Nec- 
essary and Proper) the powers expressly 
enumerated as delegated to it "and all other 
powers vested by this constitution in the gov- 
ernment of the United States or in any depart- 
ment or officer thereof" (Art. I, Sec. viii, ^ 
18). 

It is agreed on all hands that the Federal 
Government has, therefore, implied as well as 
expressed powers. The controversy in this re- 
spect has been as to the extent of the implica- 
tion. (1) There must necessarily be implied 
power to do the things necessary and proper 
to be done in exercising the powers specifically 
granted. For instance, the power to collect 
taxes necessarily involves the fixing of sched- 
ules of duties to be paid on the subjects of 
taxation and provisions for officers to collect 
the taxes imposed and the enforcement of such 
provisions by fines and other penalties for 
their violation. (2) In a more general sense 



152 



IMPOSTS— IMPRESSMENT 



powers of the Federal Government may be im- 
plied from the scope and purpose of the Con- 
stitution although not necessarily incidental 
to any specific enumerated power. If the end 
to be attained is legitimately within the scope 
of the Constitution, all means which are ap- 
propriate to the attainment of that end, unless 
specifically prohibited or inconsistent with the 
spirit of the Constitution, are within the grant 
of power. (3) Some of the powers expressly 
granted are of such character as to involve 
the exercise within a limited scope of the gen- 
eral powers of legislation. Thus the grant 
of exclusive power to legislate with reference 
to the District of Columbia (Art. I, Sec. viii, 
If 17) necessarily implies the power to enact 
general laws on all subject matter of legisla- 
tion within such district; and the power "to 
dispose of and make all needful rules and 
regulations respecting the territory or other 
property belonging to the United States" (Art. 
IV, Sec. iii, If 2) has been construed to author- 
ize general legislation applicable within the 
territories and territorial possessions (see In- 
sular Cases; Territory, Constitutional 
Questions of). (4) From the fact of nation- 
al sovereignty necessarily implied in the crea- 
tion of the Federal Government it has author- 
ity to exercise many powers not within the 
scope of state power although not even in gen- 
eral terms specifically granted. Any extended 
enumeration of the implied powers which have 
been exercised by the Federal Government with- 
out serious question would be impracticable, 
but they may all be explained as incidental 
to the powers expressly granted or the exercise 
of authority reasonably implied in the creation 
of a national government. 

See Construction and Interpretation ; Ex- 
pressed Powers; McCulloch vs. Maryland. 

References: J. Story, Commentaries on the 
Constitution (5th ed., 1891), §§ 433-436; W. 
W. Willoughby, Constitutional Law (1910), 
54-70; McCullough vs. Maryland, (1819) 4 
Wheat. 316; Cohens vs. Virginia, (1821) 6 
Wheat. 264; Legal Tender Case, (1884) 110 
U. B. 421; Downes vs. Bidwell, (1901) 182 
U. 8. 244. Emlin McClain. 

IMPOSTS. This is a generic term which 
may include any kind of tax. In the United 
States, however, it signifies an indirect tax. 
Although the term is found in the Articles of 
Confederation and in the Constitution, "taxes, 
duties, imposts, and excises" (Art. I. Sec. viii, 
|[ 1 ) , its exact significance is not of importance, 
inasmuch as duties apply to customs, and ex- 
cises to internal revenue duties. Seligman, in 
a discussion of the etymological growth of 
terms involved in taxation, notes that among 
the latter stages of development is the sense 
of obligation as seen in the word duty; and of 
compulsion as seen in the word impost. The 
French, indeed, use the word impot as the 
generic term for taxation. See Taxation, Con- 



stitutional Basis of; Taxes, Indirect. 
Reference: E. P. A. Seligman, Essays in Taxa- 
tion (1897), 6. D. P. D. 

IMPRESSMENT. Impressment is, in gen- 
eral, the act of compelling persons to serve 
the state. It may be applied under differing 
conditions, but has most frequently been used 
to bring sailors into the naval service. Great 
Britain, particularly before the War of 1812 
with the United States, under the doctrine of 
"indelible allegiance," claimed the right to 
search neutral vessels on the high seas for 
British subjects and to take such subjects and 
compel them to serve upon British ships of 
war. 

President Madison, in a message of June 1, 
1812, said: "British cruisers have been in the 
continued practice of violating the American 
flag on the great highway of nations, and of 
seizing and carrying off persons sailing under 
it, not in the exercise of a belligerent right 
founded on the law of nations against an ene- 
my, but of a municipal prerogative over Brit- 
ish subjects. British jurisdiction is thus ex- 
tended to neutral vessels in a situation where 
no laws can operate but the law of nations, 
and the laws of the country to which the 
vessels belong." This, with other grievances, 
led to the declaration of war June 18, 1812. 
In speaking of the effect of failure to resist the 
pretensions of Great Britain, President Madi- 
son in a later message, November 4, 1812, says : 
"It would have acknowledged that on the ele- 
ment which forms three-fourths of the globe 
we inhabit, and where all independent nations 
have equal and common rights, the American 
people were not an independent people, but 
colonists and vassals. It was at this moment 
and with such an alternative that war was 
chosen." 

This attack of the British ship of war Leop- 
ard on the American frigate Chesapeake in 
1807 and the taking of four seamen from the 
Chesapeake, led to the disavowal on the part 
of the British ministry of "the pretension of 
a right to search ships of war in the national 
service of any state for deserters." 

The claim of right to search neutral mer- 
chantmen was not renounced, however, even 
at the close of the War of 1812 though never 
exercised by Great Britain after that date. 
In 1850, by statute the British government 
acknowledged the right of a British subject to 
transfer his allegiance. 

See Alien; Allegiance; Expatriation; 
Indefeasible Allegiance; Neutrality, Prin- 
ciples of. 

References: J. D. Pichardson, Messages and 
Papers (1896), I, 500-529; Henry Adams, 
Hist, of the V. S. (1891), II, 335 et seq., IV, 
39, 162; J. B. Moore, Digest of Int. Law 
(1906), II, 987-1001; bibliography in A. B. 
Hart, Manual (1908), § 177. 

George G. Wilson. 



153 



INAUGURATION OF PRESIDENT— INCURABLES, PUBLIC CARE OP 



INAUGURATION OF PRESIDENT. The 

Constitution of the United States provides that 
the President shall take the oath to preserve, 
protect and defend the Constitution (Art. II, 
Sec. i, fl 7 ) . The Continental Congress, after 
many days of wrangling, on Sept. 13, 1788, 
selected the first Wednesday in March as the 
time, and the seat of Congress as the place 
for commencing proceedings under the Consti- 
tution. It did not convene at that time, be- 
cause sufficient members had not assembled to 
form a quorum. Washington was inaugurated 
in New York April 30, 1789. Livingston, chan- 
cellor of New York, was selected to administer 
the oath to Washington. A reception was 
given the President in the Senate chamber, 
after which he was attended by the members 
of Congress to the balcony, where the oath was 
administered, followed by the inaugural ad- 
dress. Washington's second inauguration 
passed almost without ceremonies. The Cabi- 
net discussed the question, and decided to have 
a public ceremony in the Senate chamber. At 
first a reply was made by Congress to the 
President's address, but it never had the sig- 
nificance of the reply to the King's address to 
Parliament. At the present time, the inau- 
guration of President is a great civic festival. 
The oath is administered by the Chief Justice, 
on the east front of the Capitol. The time is 
still the fourth of March, although there has 
been much agitation for a change to a time 
when the weather would be better. See 
President. References: P. S. Reinsch, Read- 
ings in Am. Federal Govt. (1909), No. I; E. 
Stanwood, Hist, of the Presidency (1898), 
passim; R. B. Mosher, Executive Register 
(1903), passim. T. N. H. 



INCOME TAX. See Tax, Income. 



INCOME TAX, GRADUATED. 

Income, Graduated. 



See Tax, 



INCORPORATION OF ASSOCIATIONS. In 

many states, in addition to the general pro- 
visions for corporations, there is a legal meth- 
od by which associations intended for social 
and benevolent purposes may be formally reg- 
istered and their members may be relieved 
from individual liability for the association's 
debts. The usual method is simply that a 
specified number of incorporators register their 
names and afterwards elect in addition mem- 
bers who can then elect officers. See Church 
and State. References: W. E. Baldwin, "Pri- 
vate Corporations" in Two Centuries of Am. 
laic (1902) ; Campbell vs. Floyd, 25 Atl. 1033, 
1036, 153 Pa. 84 (1887-1896); Am. and Eng. 
Encycl. of Law (1909), I, 881. A. B. H. 

INCORPORATION OF TERRITORY. In 

the annexations of territory to the United 
States, the question has repeatedly arisen 
whether by the instrument of cession (either 



treaty or joint resolution of Congress), the 
territory has assumed the complete status of 
territory previously within the United States. 
Louisiana was, by the treaty of 1803, expressly 
promised that the inhabitants "should be in- 
corporated in the Union;" but the territory did 
not at once assume the same status as other 
parts of the Union not yet organized as states. 
The same principle applied to Florida; the 
annexed area did not automatically come under 
the existing general laws of Congress applying 
alike to states and territories. This principle 
was distinctly stated by the Supreme Court 
with regard to California, Fleming vs. Page, 
9 How. 603; Cross vs. Harrison, 16 How. 164 
(see California and New Mexico, Annexa- 
tion of), and it was tacitly admitted in 
Alaska (see Alaska, Annexation of). 

With regard to the Philippines and Porto 
Rico, the Supreme Court in the Insular Cases 
(see) of 1900 held that they were not "incor- 
porated" by the treaty: they were no longer 
foreign territory, and were not yet an integral 
part of the territory of the United States; but 
lemained in a kind of limbo outside general 
acts of Congress, and outside the constitutional 
guaranties to individuals, till Congress should 
take action. This decision reverses previous 
decisions of the Supreme Court to the effect 
that a general act of Congress applies to the 
District of Columbia and to organized terri- 
tories, even though they are not specifically 
mentioned. See Annexations to the United 
States ; Dependencies of the United States ; 
Insular Cases; Territory, Constitutional 
Questions of; Territory, Acquired, Status 
of. References: C. E. Magoon, "Legal 
Status of the Territories and Inhabitants 
of the Islands Acquired by the U. S." in Bu- 
reau of Insular Affairs, Report, 1900, Reports 
on the Law of Civil Government in Territory 
Subject to Military Occupation, 1902, Compila- 
tion of the Acts of Congress, Treaties and Pro- 
clamations Relating to Insular and Military 
Affairs, 1891-1903 (1904); C. F. Randolph, 
Law and Policy of Annexation (1901). 

Albert Bushnell Hart. 

INCURABLES, PUBLIC CARE OF. There 
is practically no provision in the United States 
for the public care of incurables entirely at 
public expense outside of almshouses. In near- 
ly every state some private institutions exist, 
often under church or religious auspices, that 
make provision for a few free patients and 
take incurables who can pay either a sub- 
stantial entrance fee or weekly board ranging 
from eight to ten dollars a week and upwards. 
Latterly there has been considerable discussion 
and something accomplished in several locali- 
ties in the direction of more adequate public 
provision for incurable consumptives where 
segregation is almost a necessity as a measure 
of public hygiene, and where poverty so often 
makes the condition of the sufferer additionally 



154 



INDEFEASIBLE ALLEGIANCE— INDEPENDENT DEMOCRATS 



pitiful and isolation in private homes prac- 
tically impossible. See Charities, Public 
Agencies foe; Poverty and Poor Relief. 
References: A. D. Warner, American Charities 
(2d ed., 1908) ; Nat. Assoc, for the Study and 
Prevention of Tuberculosis, Annual Reports 
(1905 to date) ; Washington International 
Congress on Tuberculosis, Proceedings, 1908. 

S. McC. L. 

INDEFEASIBLE ALLEGIANCE. A doc- 
trine of the English law, that a natural-born 
subject owes an allegiance which is intrinsic 
and perpetual, and which he cannot by any 
act of his throw off. The constitutions of 
many of the states of the Union contain pro- 
visions recognizing the right of expatriation, 
thus renouncing the English view, but our 
Federal Government continued to claim the 
right of such allegiance until about 1850. 
Reference: J. Kent, Commentaries (14th ed., 
1896), II, 42, 43. H. M. B. 

INDENTURES AND INDENTED SERV- 
ANTS. This term is applied in English usage 
to certain contracts, including those between 
master and servant; the document was origi- 
nally divided into two, by tearing, and the 
two parties proved their portions by bringing 
them in and showing that they fitted together. 
In the English colonies, the term was applied 
to white servants who agreed to serve for a 
term of years, in consideration of their pass- 
age over, or other advantages. Such a con- 
tract was enforceable by law which made the 
servant for the time being a bondman. Very 
often the indenture provided that at the end 
of the term of years the servant should receive 
a specified quantity of land or other property. 
On the other hand, a servant who misbehaved 
or ran away might thus prolong the term of 
his servitude. Many women as well as men 
went through this bondage. Large numbers 
of indented servants afterward founded fam- 
ilies and took a high position in the colonies. 
See Labor Contracts; Redemptioner. Refer- 
ences: Diary of John Harrower in Am. Hist. 
Rev., VI (1900), 67; K. J. Geiser "Redemp- 
tioners and Indented Servants in Pennsyl- 
vania" in Yale Review, X (1901-2) ; E. I. Mc- 
Cormac and J. C. Ballagh in Johns Hopkins 
University, Studies (1892), X, Nos. 6, 7, 
(1903), XXI, Nos. 3, 4; bibliography in A. B. 
Hart, Manual (1908), § 32, (lect. 15). 

A. B. H. 



INDEPENDENCE, DECLARATION 

See Declaration of Independence. 



OF. 



INDEPENDENCE LEAGUE. This organiza- 
tion was incorporated in New York under 
the direction of Mr. William Randolph Hearst, 
Dec. 9, 1905. The founder of the League had 
made a race for mayor of New York City in 
1905 on an independent ticket put out by the 

59 155 



Municipal Ownership League. This league had 
extended its organization and activities to 
other cities and states — Massachusetts, Cali- 
fornia, Illinois — and became influential in 
municipal politics in San Francisco, Boston 
and Chicago, where Hearst had strong metro- 
politan newspapers. As an outgrowth of the 
Independence League and its political activ- 
ities, came the national Independence Political 
Party of 1908, sometimes called the "Hearst 
Party." This party met in national conven- 
tion at Chicago, July 28, 1908, with forty-four 
states and two territories represented. It 
adopted a platform and nominated for Presi- 
dent, Thomas L. Hisgen, of Massachusetts, and 
for Vice-President, John Temple Graves, of 
Georgia. Both men had been Democrats, as 
Mr. Hearst had been. These leaders were, as a 
matter of course, opposed to the Republican 
party. They denounced it as the party of 
privilege, monopoly, and corrupt commercial 
politics, controlling the government in the in- 
terest of "high finance" and "big business." 
They were now prepared to denounce, also, the 
Democratic organization as unworthy of con- 
fidence, the creature of unscrupulous bosses, 
an "ever-changing, wobbling, inconsistent, di- 
vided and disgraced party." 

The party platform therefore declared for 
independence from the old parties: for direct 
nominations, direct legislation (see Legisla- 
tion, Direct), the referendum (see), and the 
recall (see), in order "to restore the power of 
government to the people;" for drastic corrupt 
practices acts; public ownership of the tele- 
graph, immediately, and of "other public utili- 
ties as rapidly as government shall show abili- 
ty to conduct public utilities for public bene- 
fit;" an inherent right in the Government to 
issue money and a central Government bank to 
provide an emergency currency, which should 
be a legal tender for all debts; the eight-hour 
day; compulsory use of safety appliances on 
railways; an anti-blacklist law; postal savings 
banks and parcel post; good roads; penal 
anti-trust laws; popular election of Senators; 
abolition of child labor; prohibition of stock- 
watering and corporation frauds; and a re- 
vision of the tariff "not by the friends of the 
tariff but by the friends of the people," with 
"no protection for oppressive trusts." The 
party, appealing to the people on this platform, 
polled 83,562 votes for President in 1908. The 
Independence League continued its activity, 
especially in New York, in 1909 and 1910. 

References: "Mr. Hearst's Partv" in Outlook, 
LXXXIX (Aug. 8, 1908), 776; "Independence 
Party" in Arena, XL (Sept., 1908), 229-234; 
"Outlook for Third Parties" in Nation, 
LXXXVI (Feb. 27, 1908), 186; F. T. Graves, 
"Mission of Independence Party" in Review of 
Reviews, XXXVII (1908), 307. J. A. W. 



INDEPENDENT DEMOCRATS. A term ap- 
plied to a body of Free Soilers (see), some of 



INDEPENDENT MOVEMENTS IN POLITICS 



whom had been Whigs but most of whom 
had been Democrats, who united in urging an 
independent movement against slavery exten- 
sion in 1854. In January of that year there 
was published an "Appeal of the Independent 
Democrats in Congress to the People of the 
United States." It was signed by Salmon P. 
Chase, Charles Sumner, J. R. Giddings, Edward 
Wade, Gerrit Smith, and Alexander De Witt. 
It was a protest against the proposed repeal of 
the anti-slavery restriction of the Missouri 
Compromise by the Kansas-Nebraska bill (see) . 
The appeal, which was written by Chase from a 
draft by Giddings, warned the people of the 
United States of the imminent danger that was 
menacing the freedom of the territories. It de- 
nounced the new Nebraska bill as a "gross 
violation of a sacred pledge, a criminal be- 
trayal of precious rights, as part and parcel 
of an atrocious plot to exclude from a vast 
unoccupied region immigrants from the old 
world and free laborers from our own States 
and convert it into a dreary region of des- 
potism, inhabited by masters and slaves." 
The Independent Democrats asserted that to 
repeal the Missouri restriction {see Com- 
promise of 1820) and admit slavery to the 
vast Nebraska country, would be an act of 
Punic faith, and they declared that they 
would resist the Kansas-Nebraska Act "by 
speech and vote and with all the abilities 
which God has given us." This powerful 
manifesto, prompted by deep conviction and 
high purpose, met a vigorous response from 
the country. It helped to arouse an Anti- 
Nebraska sentiment within all parties and 
was one of the first steps in the formation 
of the present Republican party. See Repub- 
lican Party; Slavery Controversy. Refer- 
ences: J. F. Rhodes, Hist, of U. 8. (1893), I, 
441; A. B. Hart and E. Channing, Eds., Am. 
Hist. Leaflets, No. 17 ( 1894-1901 ) ; J. A. 
Woodburn, Political Parties and Party Prob- 
lems (1803); T. C. Smith, Liberty and Free 
Soil Parties in the Northwest ( 1897 ) , Parties 
and Slavery (1906). J. A. W. 

INDEPENDENT MOVEMENTS IN POLI- 
TICS. — Independent movements in politics in- 
clude all those that lead away from unswerv- 
ing adherence to the established parties. Very 
seldom do they capture the thoroughgoing 
party man who makes regularity (see) the 
chief article of his political creed. They make 
an especial appeal to and depend for support 
on the large numbers of citizens who, regard- 
ing party as an evil, are eager to join any 
movement that, for the time, promises relief 
from the dominance of the organization. But 
they arise often within the party from the 
natural variety and conflict of opinions and 
interests. The party view of a certain prob- 
lem, which at the time is accepted as orthodox, 
does not satisfy the entire constituency. There 
are always those who believe that the organiza 



tion ought to be used to give effect to different 
opinions or to uphold an opposing interest. 
This principle is always working in the party 
system. Men possessing qualities of leadership 
reach definite conclusions on a given policy, 
and uniting with others of like mind they seek 
to convince the larger public. The direct way 
to secure a reform is to gain the cooperation 
of the party in power. If they fail in this, 
reformers may either organize a third party 
(see) to champion their view or form an in- 
dependent non-partisan organization. 

The former method is illustrated by the 
party^ developments during the forties. In 
1840 both Democrats and Whigs ignored the 
question of slavery in official party utterances, 
because in the membership of each party con- 
tradictory views were held. Extremists on 
each side tried to force their views upon their 
regular party organization with various re- 
sults. The Wilmot Proviso (see), introduced 
in Congress in 1846, by a Pennsylvania Demo- 
crat, expressed the anti-slavery sentiment of 
a large number of northern Democrats who 
finally left the party to become Free-Soilers 
and to nominate Van Buren in 1848. A cor- 
responding anti-slavery movement was pro- 
gressing among the Whigs. Failing to capture 
the organization this faction separated from 
the party and became an independent party 
opposed to the extension of slavery, and finally 
united with the Free-Soilers to form the Re- 
publican party (see). Reform of the civil 
service has followed the other course. It has 
always been independent of party and has ap- 
pealed to all parties for support. 

Another type of political reform movement 
has developed in cities and states where the 
regular organization has become a machine 
(see). The machine is not, like the normal 
party, an organ for expressing public opinion, 
but is a means of controlling the government 
regardless of public opinion. Two methods of 
opposition to its influence have developed. 
Either good citizens within the party organize 
to restore the party to its proper function ; or 
regardless of party they organize independent- 
ly to gain control of the government. An 
instance of the former method is the case of 
Abram Hewitt and others who for a time 
displaced Tammany (see) rule in New York 
and secured official party recognition of an 
Anti-Tammany organization (see County 
Democracy). An instance of the second 
method is the election of Seth Low as mayor 
of New York on a citizens' ticket in 1901. The 
Mugwump movement, that of the "organized 
Independents," represents a similar revolt of 
Republicans in New York state and elsewhere. 
Many movements of this sort appear in every 
machine-ridden city or state. 

Reform movements, such as the last named 
above, encounter peculiar difficulties. In a 
time of excitement they may carry an election, 
but to hold the position permanently against 



156 



INDEPENDENT NATIONAL PARTY— INDETERMINATE SENTENCE 



experienced machine politicians they seem 
forced to create an organization equally thor- 
ough and efficient. This also is liable to cor- 
ruption; it is certain to be accounted corrupt. 
No city or state has been gained and long 
held on the simple issue that one organization 
is better than another. County Democracy 
displaced Tammany for one or two years only. 
Seth Low was followed by a Tammany mayor. 
How far they should depend on thorough 
organization in preference to the simple open 
appeal to the voters is always a question with 
reformers. Each method has its advocates and 
exemplars. Governor Hughes followed the 
policy of ignoring organization and effected 
reform by the open appeal. President Roose- 
velt for years remained with the organization 
and made large use of its methods, while ap- 
pealing for support to independent voters until 
he withdrew from the Republican Party after 
his defeat in the national convention of 1912 
and formed the national Progressive party 
(see). As to how much or what sort of organi- 
zation the reformer should adopt depends upon 
personality and the nature of the business in 
hand. Even temporary victory over the ma- 
chine is of great advantage; no monarchy likes 
rebellion. Tammany is much weaker in its 
grip on the city than is the corresponding Re- 
publican machine of Philadelphia which has 
incurred fewer defeats. 

The independent movement or uprising is 
only one among many means for restoring to 
the people the control of the government; but 
as a demonstration of a desire for reform it 
is a necessary agency. Whether the effort ap- 
pears at the time to succeed or fail is a minor 
consideration. The machine-made type of in- 
dependent movement is not found in states 
where the party system is normal. Each of 
the parties there furnishes an open forum for 
the discussion of disputed policies. The two 
parties compete for the honor and the profit 
of giving effect to a popular policy; or the 
parties represent opposing sides of the more 
permanent lines of disputed policy. In such 
a state independent action takes the form of 
a non-partisan propaganda, or the promoters 
organize a third party. In a normal party a 
large field for independent action is secured 
within regular party ranks. The machine, 
on the other hand, lays emphasis on orthodoxy 
and tends to destroy the liberty of dissent. 

See County Democracy; Machine, Politi- 
cal; Municipal Voters League; Non-Parti- 
san Political Organizations ; Parties, State 
and Local; Reform Movements, Political; 
Third Parties; Voting, Independent. 

References: J. Bryce, Am. Commonwealth 
(4th ed., 1910), II, 47, 48; J. A. Woodburn, 
Pol. Parties and Party Problems (1909), ch. 
vii; M. Ostrogorski, Democracy and Party 
System (1910), ch. xiv; R. M. La Follette, 
"Autobiography" in The American Magazine, 
LXII (1911-12). Jesse Macy. 



INDEPENDENT NATIONAL PARTY. See 

Greenback Party. 



INDEPENDENT PARTY. See 
ence League. 



Independ- 



INDEPENDENT TREASURY. Independent 
treasury is the name applied to the system 
of keeping the funds of the Federal Govern- 
ment in the custody of federal officials. Legis- 
lation was first enacted in 1840, repealed in 
1841; reenacted in 1846 and since that time, 
with amendments. See Sub -Treasury. 

D. R. D. 

INDEPENDENT VOTING. See Voting, In- 
dependent. 

INDESTRUCTIBLE UNION OF INDES- 
TRUCTIBLE STATES. This was an expres- 
sion used by Chief Justice Chase in rendering 
the decision of the Supreme Court of the 
United States in the case of Texas vs. White 
et al (7 Wall. 700). The case involved the 
right of secession and the question as to 
whether Texas was ever out of the Union. 
The court declared that the Union never was 
a purely artifical one, that in the Articles of 
Confederation it was declared to be "per- 
petual," and that the Constitution was or- 
dained "to form a more perfect union," and 
that the preservation of the states was within 
the design and care of the Constitution. "The 
Constitution, in all of its provisions, looks to 
an indestructible Union, composed of indestruc- 
tible states." See Reconstruction. Reference: 
A. B. Hart, Salmon P. Chase ( 1899 ) . 

A. C. McL. 

INDETERMINATE SENTENCE. An inde- 
terminate sentence is one which does not have 
a fixed time limit. Theoretically the prisoner 
should be sentenced to remain in prison until 
he has been reformed, just as an insane patient 
or a sick patient is committed to a hospital 
until cured. In practice, indeterminate or in- 
definite sentences, as they are sometimes called, 
usually have a maximum limit and a minimum 
limit. The prisoner may be sentenced for not 
less than two or more than ten years; or for 
a period not exceeding the maximum term pro- 
vided by law for the crime of which he is con- 
victed. 

The system was first applied in the United 
States by a New York law of 1823, providing 
that the boys in the House of Refuge, instead 
of being sentenced for fixed terms should be 
committed to the guardianship of the board 
of directors, subject to parole and discharge 
at the discretion of the board. 

The indeterminate sentence as applied to 
adults . was first used in reformatories for 
young men, the New York State reformatory 
at Elmira, the Massachusetts reformatory at 
Concord and the Ohio state reformatory at 



157 



INDEXES AND ARCHIVES, BUREAU OF— INDIANA 



Mansfield; but in recent years many states 
have extended the indeterminate sentence sys- 
tem to apply to convicts in state prisons as 
well. See Criminal, Reformation of; Parole 
System; Prisoners, Probation of. Refer- 
ences: Am. Prison Assoc, (formerly Nat. 
Prison Assoc), Reports (1880 to date) ; C. R. 
Henderson, Penal and Reformatory Institu- 
tions (1910). Hastings H. Hart. 

INDEXES AND ARCHIVES, BUREAU OF. 

The Bureau of Indexes and Archives is one of 



the bureaus of the Department of State {see 
State, Department of). It is charged with 
the preparation and maintenance of depart- 
ment indexes and with the preservation of the 
archives ; of chief interest is the diplomatic and 
consular correspondence. See Consular Re- 
ports; Diplomatic Correspondence. Refer- 
ences: Secretary of State, Annual Reports; 
J. A. Fairlie, National Administration of the 
U. 8. (1905) ; C. H. Van Tyne and W. G. Le- 
land, Guide to the Archives (2d ed., 1907), 
3-32. A. N. H. 



INDIANA 



Indiana Territory. — In the seventeenth and 
eighteenth centuries the French obtained, by 
exploration and conquest, the territory now 
known as Indiana. They held it until the 
close of the French and Indian War, when, 
by the Treaty of 1763, it was transferred to 
the British. During the Revolutionary War 
(1779), George Rogers Clark, at the head of 
an expedition sent out by Virginia, wrested 
the control of the territory from the British, 
and when peace was made in 1783 it became a 
part of the United States. Soon after the 
treaty (March 1, 1784) Virginia ceded her 
claim to this territory to the United States, 
and at about the same time other states claim- 
ing land in this locality relinquished their 
claims in favor of the general Government. 
These cessions gave the United States control 
of the so-called Northwest Territory. 

A temporary government was set up in 1784 
and a permanent one was established by means 
of the Ordinance of 1787. In 1800 an act of 
Congress divided the Northwest Territory into 
two parts by means of a line running almost 
due north and south near the present boundary 
line between the states of Indiana and Ohio. 
The land east of this line retained the name 
"Northwest Territory," while that on the west 
was called "Indiana Territory." Indiana Ter- 
ritory was, thus, in 1800 vastly greater in 
area than the present state of Indiana. The 
first reduction in size took place in 1805, when 
Michigan was set off as a separate territory. 
Four years later (1809) all of the land west 
of the present western boundary of Indiana 
was set off by act of Congress and called 
"Illinois Territory." By 1809, then, Indiana 
was reduced to about its present boundaries. 

The territorial capital of Indiana was estab- 
lished at Vincennes in 1800, where it remained 
until transferred in 1813 to Corydon, the pres- 
ent county seat of Harrison County. Soon 
after this time the people began to think 
seriously of statehood, and on December 14, 
1815, the territorial legislature petitioned Con- 
gress for admission to the Union. In response 
to this petition Congress passed an enabling 
act which was approved April 19, 1816. In 



accordance with this act delegates were chosen 
to a constitutional convention which met at 
Corydon on the 10th of June and framed the 
first constitution for the state. Later in the 
same year (December 11, 1816) Indiana was 
formally admitted into the Union by a resolu- 
tion of Congress. 

Constitution of 1816. — The first constitution 
of Indiana contained a considerable amount 
of local and legal detail but did not differ in 
its essential features from the other state con- 
stitutions of this period. It contained a bill 
of rights (see), provided for the three depart- 
ments of government, as was customary, and 
contained many provisions and clauses copied 
from the Declaration of Independence and the 
Constitution of the United States. The right 
to vote was restricted to "white male citizens 
of the United States, of the age of twenty-one 
and upwards." Provision was made for a 
state militia and for a system of state educa- 
tion culminating in a state university. The 
language of the Ordinance of 1787 (see) was 
used in prohibiting slavery. A candidate of- 
fering "any bribe, threat, or reward to pro- 
cure his election" as governor, lieutenant-gov- 
ernor, Senator, or Representative was dis- 
qualified for the term for which he was elected. 
Provision was made for a public library in 
every county of the state and it was declared 
to be the duty of the general assembly "to form 
a penal code, founded on the principles of 
reformation, and not of vindictive justice." 
The constitution also provided that the ques- 
tion of a constitutional convention to "amend 
or change" the constitution should be submitted 
to the voters of the state every twelfth year 
after the constitution went into effect. 

The constitution of 1816 was put into opera- 
tion in the usual way, and the capital of the 
state remained at Corydon until removed to 
Indianapolis in 1825. In 1850 the state legisla- 
ture made provision for a convention to frame 
a new constitution. It was composed of one 
hundred and fifty delegates and convened at 
Indianapolis on Oct. 7, 1850. It remained in 
session for four months and the result of its 
labors was the constitution under which the 



158 



INDIANA 



state of Indiana is now governed. This con- 
stitution was ratified by the people on the 4th 
of August, 1851, and went into effect on the 
first of November following. 

Constitution of 1851. — The second constitu- 
tion of the state was completed on the 10th of 
February, 1851, and does not differ, in its main 
outlines, from the other state constitutions 
adopted about this time. It contains an elab- 



conditions as to age and residence, are now 
entitled to vote. 

The legislative power of the state is vested 
in the "general assembly," consisting of a 
senate and house of representatives. The sen- 
ate is composed of fifty members and cannot 
exceed that number, while the house has one 
hundred members, which is also the maximum 
number. A majority of all the members elect- 




BOUNDARIES OF THE STATE OF INDIANA, SHOWING THE TERRITORIAL CHANGES 



orate bill of rights of thirty-seven sections, 
many of whose provisions are drawn from the 
Constitution of the United States. The cus- 
tomary division of the powers of government 
into three departments is maintained, but the 
privilege of voting is no longer confined, as 
in the constitution of 1816, to citizens of tlie 
United States. Aliens who have resided in 
the United States one year and who have 
declared their intention to become citizens and 
who, in addition, have fulfilled certain minor 



ed to each house is necessary for the passage 
of a bill or joint resolution. A regular ses- 
sion of the legislature is limited by the con- 
stitution to sixty-one days and a special ses- 
sion to forty days. Under the present consti- 
tution the legislature meets regularly once in 
two years; under the previous constitution it 
met annually. 

The executive power is placed in the hands 
of the governor, who is elected for a* term of 
four years and is not eligible to serve for "more 



159 



INDIANA 



than four years in any period of eight years." 
No one has been elected to the governor's of- 
fice more than once under the present consti- 
tution. The exercise of the veto power is 
somewhat unusual. As noted above, a bill in 
order to be passed by the legislature must re- 
ceive the votes of a majority of all the members 
elected to each house. After its passage by the 
two houses it goes to the governor for his 
signature. If he disapproves of it he returns 
it with his objections to the house in which it 
originated. It is then put upon its passage a 
second time and if it again receives the votes 
of a majority of all the members elected to 
each house, it becomes a law in spite of the 
governor's veto. 

The constitution also provides for the usual 
list of administrative officers including a sec- 
retary of state, an auditor, a treasurer, an 
attorney general, and a superintendent of 
public instruction, all elected by the people. 

There is nothing essentially peculiar about 
the judicial system of the state except, perhaps, 
the constitutional provision to the effect that 
"tribunals of conciliation may be established, 
with such powers and duties as shall be pre- 
scribed by law." The idea underlying such 
tribunals was an advanced one in 1851, but no 
such courts have ever been set up in the state. 
Under the constitution of 1816 the judges of 
the state supreme court were appointed by the 
governor with the consent of the senate. Un- 
der the present constitution all of the state 
judges are elected by the people. The pro- 
vision for admission to practice law is rather 
peculiar. The constitution says that "every 
person of good moral character, being a voter, 
shall be entitled to admission to practice law 
in all courts of justice." Efforts have been 
made from time to time to establish certain 
educational requirements for admission to the 
bar but have uniformly failed. Only a small 
fractional part of the voters have been suf- 
ficiently interested to vote either for or against 
the amendment (see Professions and Call- 
ings). 

The present constitution is very difficult of 
amendment. The process is this. The pro- 
posed amendment must be agreed to by a ma- 
jority of the members elected to each of the 
two houses of the legislature; it must then 
be referred to the legislature chosen at the 
next general election. If it is approved by a 
majority of all the members elected to each 
of the two houses it is submitted to the voters 
of the state for ratification or rejection. On 
account of the difficulty of the process the con- 
stitution has been amended only a very few 
times. 

Local Government. — The local government 
of Indiana is of the mixed township-county 
type. A few fundamental provisions appear in 
the constitution, but the government of the 
lesser units is based, for the most part, upon 
acts of the legislature. There are ninety-two 



counties in the state and each one of these 
is presided over by a board of county commis- 
sioners consisting of three members. These 
commissioners manage the buisness affairs of 
the county and are its most important adminis- 
trative officers. They make contracts for the 
county and control the county property. They 
authorize the construction of roads and public 
buildings. They fix the county tax levy, pass 
upon applications for liquor licenses, appoint 
health officers, food inspectors, and certain elec- 
tion officers. The powers of the county com- 
missioners in Indiana are both extensive and 
important. 

In addition to the commissioners, each 
county has the customary list of officers in- 
cluding the sheriff, auditor, treasurer, clerk, 
and recorder, elected by the people, and the 
county superintendent of schools, elected by 
the township trustees. 

The county is divided into townships, each 
of which is presided over by a township trus- 
tee. The trustee has charge of the finances 
of the township, of its roads, schools, and poor- 
relief. In short, he is the business manager 
of the township. 

The cities and towns are, for the most part, 
under a uniform system of government. A 
few of the larger cities have special charters 
granted to them by the general assembly, but 
the remaining cities and towns are governed 
under the provisions of the so-called "Cities 
and Towns Act." The cities are classified ac- 
cording to population and the form of govern- 
ment is the same for all cities in the same 
class. Much power is centralized in the hands 
of the mayor. 

Education. — The educational system of In- 
diana is quite similar to that adopted by other 
states of the Middle West. It is made up of 
the common or elementary schools, the town- 
ship and city high schools, the state university 
at Bloomington, the state normal school at 
Terre Haute, and the state institute of agricul- 
ture and technology, or Purdue University, at 
West Lafayette. The state board of educa- 
tion, which exercises a general supervision 
over the elementary and high schools of the 
state, is made up of the presidents of the three 
state institutions, the superintendents of the 
three largest cities, the state superintendent 
of public instruction, and six members ap- 
pointed by the governor. 

Party Politics. — In politics, Indiana is a 
"doubtful" state (see). In the presidential 
elections from 1820 to 1832, inclusive, the state 
was Democratic; in the elections of 1836 and 
1840 it was carried by the Whigs; in the elec- 
tions from 1844 to 1856, inclusive, it was Dem- 
ocratic; from 1850 to 1872 it was Republican; 
in 1876 it was carried by the Democrats; in 
1880 by the Republicans ; in 1884 by the Demo- 
crats; in 1888 by the Republicans; in 1892 by 
the Democrats; from 1892 to 3908 by the Re- 
publicans, and in 1912 by the Democrats. In- 



160 



INDIAN COMMISSIONER— INDIAN GOVERNMENT 



diana has participated in twenty-four presi- 
dential elections and has cast its electoral 
votes for the successful candidate in twenty 
instances. 

See Constitutions, State, Characteris- 
tics of; Governor; State Governments, 
Characteristics of; State Legislature; 
Veto Power. 

References: J. P. Dunn, Indiana (1888) ; J. 
B. Dillon, Hist, of Indiana (cir. 1850) ; E. E. 
Moore, Century of Indiana (1910) ; W. W. 
Thornton, Government of Indiana (1898); W. 
A. Rawles, Centralizing Tendencies in the Ad- 
ministration of Indiana ( 1903 ) ; B. P. Poore, 
Charters and Constitutions (1878), I; F. N. 
Thorpe, Constitutions and Charters (1909), II, 
1053-1094. Thomas F. Moran. 

INDIAN COMMISSIONER. The administra- 
tive head of the United States Indian service 
is the Commissioner of Indian Affairs. His 
bureau was originally under the War Depart- 
ment, where its prescribed duties were to take 
charge of the appropriations for annuities and 
current expenses, including the audit of ac- 
counts and vouchers, to examine and report on 
claims, and to conduct the ordinary corre- 
spondence of the Department with its func- 
tionaries in the Indian field. The chief of the 
bureau was then styled Superintendent of In- 
dian Trade, commerce being the broad term 
under which the Constitution grouped the re- 
lations of the Government with the Indian 
tribes. The present office of Commissioner was 
created in 1832, and charged with the "direc- 
tion and management of all Indian affairs and 
of all matters arising out of Indian relations." 
When the Department of the Interior {see) 
was organized in 1849, the Indian bureau was 
transferred to it, and has remained there ever 
since." There have been, in the last eighty 
years, 29 commissioners; and the Indian serv- 
ice now includes more than 5,000 persons, of 
whom all but about 250 are stationed in the 
western part of the country. See Indian Pol- 
icy; Indians, Constitutional and Legal 
Status of; Interior, Department of. Refer- 
ences: Dept. of War, Officers of Indian Affairs, 
Annual Reports (1825-1848); Commissioner 
of Indian Affairs, Annual Reports (1849 to 
date) ; "Handbook of Am. Indians" in Bureau 
of Am. Ethnology, Bulletin No. SO (1910), II; 
F. E. Leupp, The Indian and His Problem 
(1910), ch. vi. F. E. L. 

INDIAN COMMISSIONERS, BOARD OF. 

The Indian appropriation act of 1869, follow- 
ing the exposure of some serious frauds in 
conection with the Government's Indian rela- 
tions, authorized the President to organize a 
board of commissioners, consisting of not more 
than ten men "eminent for their intelligence 
and philanthropy, to serve without pecuniary 
compensation" in supervising the disbursement 
of appropriations for the Indian establishment. 



161 



The board counsels with the executive authori- 
ties in Washington, assists at the award of 
contracts for supplies and the inspection of 
goods furnished, investigates conditions at 
agencies and schools, and otherwise serves as 
sponsor to the public for the conduct of Ind- 
ian affairs. See Indian Commissioner; Indi- 
an Policy. References: Board of Indian Com- 
missioners, Annual Reports (1870 to date); 
"Handbook of American Indians" in Bureau 
of Am. Ethnology, Bulletin No. 30 (1910), II. 

F. E. L. 

INDIAN GOVERNMENT. Stages of 

Growth. — The study of the forms of govern- 
ment formerly in existence among the Ameri- 
can Indians presents itself in two aspects — on 
the one hand is the question, what different 
stages in the growth of governmental institu- 
tions were exemplified among the Indians; and 
on the other, what general features may be 
said to be characteristic of the governmental 
organization of the Indians as a whole. 

Several different stages in the development 
of governmental institutions were found among 
the American Indians. Simplest and most 
rudimentary was the type best shown by the 
central Eskimo, in which the largest real 
unit was the family or a group of two or three 
families who were house-mates. At the head 
of such a group was usually one of the older 
men who occupied the position of advisor. He 
had no means of coercing the members of the 
group, and no real authority, the extent of 
his influence depending on his personal reputa- 
tion and ability. Under such an extremely 
simple form of government there were no clans 
and no permanent larger groups. 

A somewhat more advanced type is found 
among many of the tribes of California, the 
interior plateau and the Pacific coast. Here 
the unit was larger, comprising a group of 
families making up either a village community 
or a more or less coherent but nomadic band. 
Such groups rarely exceeded a few hundreds in 
number. The position of leader or chief was 
as a rule partly hereditary, partly elective, as 
the hereditary successor might be passed over 
if incompetent or might be deposed. Some- 
times his position depended almost entirely on 
wealth. The power of such a leader again de- 
pended mainly upon his individual ability and 
to a large extent the position was merely ad- 
visory. An informal council of older men was 
often present in this stage. 

Further development was shown in the 
form of governmental organization most widely 
spread, and which, with variation was present 
among the greater part of the tribes in the con- 
tinent. In this, the unit was the tribe, gen- 
erally composed of several clan groups. The 
leadership of each of these clans was usually 
hereditary in a particular family, and one of 
these clan leaders was hereditarily chief of the 
tribe. The tribal chief was assisted by a coun- 



INDIAN POLICY OF THE UNITED STATES 



cil, normally made up of the clan heads or 
specially chosen clan representatives. The 
amount of actual power possessed by such a 
tribal chief varied greatly, as did the deference 
shown him. Often, as among the tribes of 
the south Atlantic and Gulf states, the chief 
was surrounded with considerable pomp, 
and often wielded considerable power. Usually 
in this stage, there was, apart from this hered- 
itary peace chief, a special war-chief, who was 
elective in character. 

In only one instance in America north of 
Mexico was there a formal development of a 
higher type, namely in the well-known league 
of the Iroquois. Here the unit was a group 
of tribes, federated for offense and defense, and 
governed by an elective council composed of 
representatives of the constituent tribes. Each 
tribe was autonomous in its local affairs, the 
control being in the hands of its elective repre- 
sentatives to the federal council, and only in 
matters concerning the federation as a whole, 
did the league council have jurisdiction. A 
study of the organization of this famous league, 
the changes which took place in it during 
the century and a half of prominence, and the 
causes which led to its ultimate downfall, can- 
not fail to be of value to the student of govern-^ 
ment. 

General Characteristics. — Apart from the 
question of the different stages in governmental 
organization found among the Indians, certain 
general characteristics may be noted. Most 
striking perhaps is the almost total absence 
in America of despotic or monarchical forms of 
government. Even where the chiefs were 
strongest, their decisions and orders were sub- 
ject to the approval of the council; and in 
Mexico and Peru where the highest develop- 
ments of governmental institutions took place 
the ultimate sanction lay in the hands of the 
council, and the chief, in theory at least, was 



merely their mouthpiece. Of almost equal im- 
portance was the inviolability of the freedom 
of the individual. However great the power of 
the chief, the individual was always free in 
theory, and often in fact, and could not be 
coerced. There existed indeed over most of 
the continent, no formal machinery to enforce 
the wishes either of the chief or council, and 
although, to be sure, a powerful chief might 
and often did punish or even kill a person who 
refused to carry out his orders, yet this was 
in large part in the way of personal revenge 
and not as punishment for infraction of the 
law. Another feature of note was the import- 
ant position held by women in the government 
of some tribes, notably among the Iroquois. 
Here the women were in theory the actual 
rulers, the men who formed the tribal and 
federal councils being only their representa- 
tives. The part also played by the shaman 
and priest is of interest. In general it may 
be said that in the less developed forms of 
government the shaman held comparatively a 
greater place, often controlling and really rul- 
ing the people through their religious fears, 
when there was no efficient chief. In some por- 
tions of the country, as for example the south- 
west, the power of the priests and secret socie- 
ties largely controlled by them, was very great, 
and one might almost speak of the government 
in such cases as a modified theocracy. 

See Aborigines; Frontier; Wars of the 
United States. 

References: "Handbook of American Indi- 
ans" in JBureau of American Ethnology, Bulle- 
tin No. SO (1907-1910) ; J. W. Powell, "Wyan- 
dot Government" in Bureau of Ethnology, 
First Report, 1881, 57-89; A. E. Bandelier, 
"On the Social Organization and Mode of Gov- 
ernment of the Ancient Mexicans" in Peabody 
Museum, 12th Report, 1880, 557-700. 

Roland B. Dixon. 



INDIAN POLICY OF THE UNITED STATES 



Education. — It is only within comparatively 
recent years that the United States can be 
said to have had a definite Indian policy. In 
colonial times the conversion of the Indians 
to Christianity was expected and promoted; 
hence several leading seminaries of learning 
were specially endowed for the benefit of those 
Indian youth who could be gathered in as 
students, while at others the doors were opened 
to them so that they could be trained side by 
side with their white contemporaries. The 
earliest movement in this direction was at 
Henrico College in Virginia. The charter of 
what is now Harvard University, issued in 
1650, described its object as the "education 
of the English and Indian youth in this country 
in knowledge and godlyness," and the first 



brick edifice on the grounds was for the Indian 
College, built about 1660. Perhaps thirty years 
later an Indian department was added to Wil- 
liam and Mary College; Dartmouth actually 
owes its origin to an institution founded to 
prepare young Indian men for missionary un- 
dertakings among their own people; and 
Princeton long figured as a leader in Indian 
work. The Indians, however, manifested little 
of the expected enthusiasm, and the failure 
of one such enterprise after another led to the 
abandonment of all, and to the transfer of 
responsibility for the education of the Indians 
in letters and piety to the religious bodies 
maintaining missions among the native tribes. 
It was not till 1819 that the nation at large 
took any decided step toward the establishment 



162 



INDIAN POLICY OF THE UNITED STATES 



and support of Indian schools, though appro- 
priations were earlier voted by Congress for 
the aid of individual Indian students at vari- 
ous institutions. 

Indian Territory. — When, after the war of 
the Revolution, a strong tide of migration set 
westward, the Federal Government realized the 
importance of establishing permanent relations 
with tribes which till then had played but an 
inconspicuous part in its calculations. No 
definite program was announced, but, broadly 
speaking, the plan was to hold out the olive 
branch alike to all; those who accepted it 
willingly were to enjoy such favor as the Gov- 
ernment had to bestow, and to be encouraged, 
by gifts and instruction, in the pursuit of agri- 
culture and the kindred arts of peace; those 
who were reluctant, but not powerful enough 
to resist by warfare the beneficent aggression, 
of the whites, were to be subdued and civilized 
by compulsion ; and those who were incorrigibly 
hostile were to be exterminated. 

The working-out of this plan involved the 
negotiation of many treaties (see Indian 
Treaties), mostly based on a theory of race 
segregation which found its highest exponent 
in the establishment, soon after 1830, of the 
Indian Territory. Here, beyond what in those 
days seemed likely to be the uttermost limits 
of civilization, the Government planted five of 
the most advanced tribes or "nations," the 
Cherokees, Creeks, Choctaws, Chickasaws, and 
Seminoles, guaranteed them against outside 
molestation, and gave them an opportunity to 
prove their capacity for managing their own 
affairs on lines generally parallel to those pur- 
sued by the people of the United States. 

The experiment, continued through more 
than sixty years, ended in a most deplorable 
collapse. The worst native elements obtained 
control of the legislative and executive ma- 
chinery, connived at the immigration of an 
equally undesirable class of whites, and ex- 
ploited the natural resources of the region for 
their private profit. The so called "national 
governments" were only the aboriginal patri- 
archies under new forms and titles; their 
courts being weak or venal, the territory was 
presently overrun by fugitives from justice 
from the neighboring states, till outlawry be- 
came the rule, and Congress was forced to 
take notice of an intolerable situation and 
adopt a radical plan of reorganization, the 
final fruits of which have been the admission 
of the Indian Territory into the Union as part 
of the state of Oklahoma. 

Reservations. — Another device, most widely 
followed, was that of gathering the tribes on 
reservations (see Indian Reservations) where 
they could more easily be kept out of mischief 
among themselves, protected against the ma- 
chinations of evil-minded outsiders, and in- 
structed in the elementary industries, under 
the care of agents appointed by the President. 
This plan, however, proved on the side of 



excessive paternalism as defective as the other 
had on the side of excessive liberty. The Indi- 
ans did not take kindly to methodical habits 
of work under their instructors, who were too 
often incompetent to teach; as an inducement 
to remain peaceable, they were lavishly sup- 
plied with rations of food and clothing; these 
goods having to be bought under contracts 
awarded to the lowest bidders, an opening was 
made for all sorts of scandals, turning on the 
bad quality of materials furnished, outrageous 
prices obtained by combinations between bid- 
ders, the use of false weights and measures, 
favoritism in the award of contracts, and trick- 
ery in inspection and distribution. The agen- 
cies were so far from Washington that for 
many years investigations were almost prohibi- 
tively expensive, and visits from responsible 
officers very infrequent. The Indians who en- 
joyed the gratuities became pauperized and 
worse; for in many cases they learned that if 
the source of supply seemed a trifle sluggish, 
it could always be started into activity again 
by a threat of revolt. 

Not a few of the agents, too, having been 
clothed with extraordinary powers in orders to 
maintain their supremacy and that of the 
Government on their reservations, were lured 
thereby into acts of petty tyranny; and as 
they were commonly men of enough political 
importance at home to command a ready hear- 
ing at Washington, while the Indians had no 
means of presenting their grievances except 
through the agents and then only by speaking 
as tribes and not as persons, the situation in 
the Indian country grew more and more un- 
satisfactory. 

Citizenship: Dawes Law. — At a critical junc- 
ture, under the leadership of the late Senator 
Dawes of Massachusetts, Congress extended to 
the Indians at large, by the general allotment 
act of 1887, a plan which had already been 
tried under special legislation in the case of 
a few tribes. The Dawes law authorized the 
President, at his discretion, to carve up any 
reservation, allotting to each member of the 
resident tribe or tribes a farm of 40, or 80, or 
160 acres, according to certain stated condi- 
tions, and to issue to him a patent under which 
the Government was to hold his land in trust 
for him for 25 years and then present him with 
a title in fee. The trust patent conferred upon 
the allottee all the privileges of a citizen and 
voter except the right to alienate or encumber 
his land, and protected the land from taxation 
during the life of the trust. From that hour 
may be said to have begun the Government's 
recognition of Indians as individuals, as dis- 
tinguished from so many undivided parts of 
a tribal unit, and the first step was made 
toward the establishment of a permanent policy 
in dealing with them officially; the public sale 
of land which remained unallotted brought into 
the neighborhood a thrifty class of white set- 
tlers, whose development of its resources profit- 



163 



INDIAN POLICY OF THE UNITED STATES 



ed the Indians not less than themselves; and 
the proceeds of the sales were divided between 
the Indians per capita or placed at interest in 
the United States Treasury to their credit. 

Obstacles to Progress. — Meanwhile, active 
measures had been taken by the Government 
for combatting the two great obstacles to In- 
dian progress, ignorance and intemperance. 
The unfortunates, confined on reservations 
where they could not hunt game after the fash- 
ion of their ancestors, having no literature or 
other resources of amusement enjoyed by more 
advanced peoples, sought distraction in gam- 
bling and drink. Of the two forms of dissipa- 
tion, gambling was the less harmful, for they 
had no large possessions to lose; but the fiery 
liquors which were smuggled into the reserva- 
tions wrought deadly havoc, exciting the 
drinkers to deeds of violence and leaving a 
trail of disease and decadence everywhere. The 
federal statutes, as well as the complementary 
enactments of most of the western legislatures, 
furnished penalties enough to break up the 
traffic in intoxicants among Indians whenever 
courts and juries were disposed to do their 
full duty, and Congress presently began the 
practice of making a special appropriation 
for suppressing such trade. 

The superstitions of the Indians, pivoting 
largely on their conceptions of a connection 
between necromancy and the healing art, made 
them easy victims to the wiles of their so- 
called medicine men. Interwoven with all this 
was their employment of dancing as a remedial 
measure as well as an instrumentality of wor- 
ship, their faith in the influence of certain 
signs and symbols, and their almost universal 
assumption that any notable departure from 
ancient Indian customs in matters of dress, 
food, housing, family life, and the like, would 
presage the downfall of their race. Grouping 
these conservative forces together as serious 
impediments to the Indian's progress toward 
civilization, the Government for a long while 
made the mistake of trying to abolish them by 
prohibitive rules and the punishment of his 
poor attempts to hold fast to some of these 
decaying remnants of his old life. Even his 
native tongue, his harmless ornaments and 
trinkets, and his manner of wearing his hair, 
came under the ban of condemnation. Natural- 
ly this crusade stirred all the resistent im- 
pulses within him, since it failed to appeal to 
his reason; and in course of time it had to be 
abandoned as not only having no logical foun- 
dation and involving a great waste of energy, 
but because it came to be recognized as a 
worse obstruction than the supposed evils it 
had set out to abate. 

Schools. — School work on the reservations 
moved at a slow pace for several years, for 
obvious reasons. The adult Indians, too old 
to take readily to their changed circumstances, 
and unable to see that the future held any- 
thing for their race, were indifferent about 



fitting their children to cope with the new 
social order. Legislation of very general scope 
was enacted, designed to make school attend- 
ance compulsory; a system of government 
schools was set up, affording all the advantages 
offered by the mission schools, but excluding 
secretarian religious instruction; and, to in- 
crease the attractions of these institutions, 
free lodging, clothing, food and medical at- 
tendance were furnished, as well as free tui- 
tion. In short, the pauperizing influences of 
reservation life were extended to school life, 
though possibly with more of an excuse for 
their existence. In the same way that the 
ration system had to be reduced in later years 
to a minimum, so the unnatural superfluities 
of the school system are now undergoing a 
steady process of elimination. The Government 
schools, after taking over from the mission 
schools the main part of the burden of Indian 
education, are in their turn making way for 
the local common schools of the districts in 
which the Indians live, provided they are near 
enough to the Indian homes to be available 
for daily attendance by the children; and 
many other efforts are now making to stimu- 
late among the Indians and the white settlers 
in those parts of the West which still have the 
frontier character, a spirit of neighborly 
cooperation, both for their own present inter- 
ests and for those of the younger generations 
who are destined to live so near together. 

The Indian allotee, clothed with the privi- 
leges but shielded from the responsibilities of 
citizenship, fell an easy prey to the designs 
of the spoilers. Liquor-dealers who had been 
too prudent to trifle with a red ward, openly 
defied the Government to prevent their selling 
intoxicants to a red citizen as freely as to 
a white one, and won a technical victory in 
the courts; unscrupulous traders encouraged 
him to run into debt and mortgage his ballot 
as security for payment; shrewd assessors 
found him out and appraised his personal ef- 
fects for taxation at valuations which would 
make up for the exemption of his land. In 
1906, therefore, at the instance of Representa- 
tive Burke of South Dakota, the Dawes allot- 
ment law was amended so as to defer citizen- 
ship till the expiration of the trust, but with 
a provision for the release of the trust when- 
ever the Secretary of the Interior is satisfied 
of the allotee's competency to manage his own 
affairs, without waiting the prescribed term of 
twenty-five years. This amendment, although 
it could not unmake the Indian citizens already 
qualified under the law of 1887, swept away 
for future purposes the absurd feature of that 
law which, while branding an Indian as not 
intelligent enough to be allowed to dispose of 
his own property, gave him a ballot wherewith 
to dispose of the property of his competent 
fellow citizens. It also enabled the Government 
to stand effectively between the incompetent 
allottee and his tempters and oppressors, to 



164 



INDIAN KESERVATIONS 



prosecute dramsellers and swindlers in his be- 
half, and to make the trust period a period of 
real tutelage, in which he should be trained 
for the citizenship he was to receive at its 
close. Out of the new departure has grown 
up a practice of letting the more intelligent 
Indians, while still wards of the Government, 
transact a constantly larger and larger share 
of their own business. 

Encouragement to Leave the Reservations. — 
Along with this change, another has taken 
place. Whereas reservations were established 
for the express purpose of confining Indians 
within their limits, the Government is now not 
only putting no obstacles in the way of their 
going and coming with substantially the same 
freedom enjoyed by other persons, but offering 
them every incentive, where remunerative em- 
ployment is lacking on the reservations, to go 
out into the world in search of it. Large 
gangs of Indian laborers are now employed 
every year in railroad building, digging irriga- 
tion canals, logging in the forests and working 
in the harvest fields. In all these occupations 
they come into close contact and active compe- 
tition with white laborers, see how people live 
in civilized communities, and gradually out- 
grow race prejudices which were only intensi- 
fied by the old custom of segregation. 

Summary. — Thus, from a vague and inau- 
spicious beginning, the United States Govern- 
ment has little by little developed an Indian 
policy which is today pretty well charted and 
faithfully followed. Summarized in simple 
terms, its aim may be stated as follows: 

(1) To push, with all the speed consonant 
with safety, the allotment of the lands on In- 
dian reservations everywhere, for the purpose 
of giving every Indian his separate homestead 
and getting rid, at the earliest practicable day, 
of the reservation system and all its associa- 
tions; throwing open the surplus lands to 
white settlement, and in every proper way 
promoting and hastening the development of 
the western country, so that the Indian may 
enjoy his share of its benefits. 

(2) To wipe out, as soon as may be, the in- 
consistencies and anomalies of the old treaty 
system, and put the financial relations of the 
Government and the tribes upon a rational 
business footing until the last annuity can be 
commuted and cancelled, the last dollar of the 
interest-bearing trust funds distributed, and 
the books closed forever. 



(3) To reverse the old ideal of race segre- 
gation, and fuse the Indians as rapidly as 
practicable into the general body politic, with 
the same privileges, rights and duties as all 
other citizens; and, to this end, to encourage 
closer social relations between the white and 
Indian races, in the belief that the Indian 
will acquire civilization more readily by ab- 
sorption than from precept. 

(4) To recognize the successive stages of 
evolution between the primitive Indian and 
the Indian fitted for citizenship, by adapting 
to each stage those means of control or guid- 
ance best suited to its needs, ranging from 
close guardianship, with direct rewards and 
penalties, up to the most general oversight and 
advice, supported by no sanctions except the 
operation of the law of cause and effect. 

(5) To emphasize as little as possible the 
administrative or disciplinary details between 
the two extremes, and limit the Indian's free- 
dom of thought and action and mode of living 
no more than that of a member of any other 
race subject to the laws of the republic. 

As will be seen, the existing policy is to no 
small extent automatic. It is also moderate, 
avoiding alike the non-progressive practice of 
treating the Indian as a child who would 
never mature, and the perils of over-haste in 
forcing upon him the responsibilities of ma- 
turity before he is even crudely equipped to 
meet them. This quality of moderation con- 
stitutes its appeal to the intelligence and the 
humanity of the American people. 

See Aborigines; Boundaries, Interior; 
Citizenship; Declaration of Intention to 
be Naturalized; Far West; Frontier; Pub- 
lic Lands ; Territories ; Wars of the United 
States; and under Indian. 

References: Commission to the Five Civilized 
Tribes, Annual Reports (1894-1905), and In- 
dex to same (1906); Garrick Mallery, "The 
Former and Present Number of Our Indians" 
in Am. Assoc, for the Advancement of Sci., Pro- 
ceedings, 1877; F. E. Leupp, The Indian and 
His Problem (1910) ; W. H. Hailmann, Educa- 
tion of the Indian (1904) ; E. S. Curtis, Am. 
Indian (1907) ; E. S. Ellis, The United States 
(1892) ; G. W. Maypenny, Our Indian Wards 
(1880) ; "Handbook of Am. Indians" in Bureau 
of Am. Ethmology, Bulletin No. 30 (1910), 
II; G. W. James, What the White Race May 
Learn from the Indian (1908). 

Francis E. Leupp. 



INDIAN RESERVATIONS 



Purpose. — Indian reservations are areas set 
apart by the Government for the sole occu- 
pancy of a tribe or tribes, or one or more frag- 
ments of tribes, the land on each reservation 
being, at the outset, held in common by the 
occupants. Their establishment was original- 



ly an expedient for getting Indian disturbers 
out of the path of white progress and permit- 
ting the development of the western country. 
The belief was general, also, in the earlier part 
of the last century, that the only hope for 
peaceful relations between the white and red 
165 



INDIAN RESERVATIONS 




166 



INDIAN RESERVATIONS 



races lay in keeping them well separated, and 
the reservation plan seemed the simplest means 
to that end. At one time the hope was enter- 
tained that if all the Indians could be collected 
in two or three large reservations, these might 
in due course be erected into Indian states and 
admitted to representation in Congress. Out 
of this theory grew the Indian Territory ex- 
periment (see Indian Policy). 

The plan to which the Government finally 
settled down contemplated not only the sepa- 
ration of the Indians from the whites, but such 
a separation of the reservations from each 
other as to preclude any quick massing of In- 
dians with hostile designs; and this purpose 
was furthered by regulations forbidding the 
entry of any non-Indian into a reservation, 
or the departure of any Indian from one, ex- 
cept by permission of the officer in charge. 

Treaty and Executive-Order Reservations. — 
According to the manner of their creation, 
reservations have been roughly classified as 
"treaty" and "executive-order" reservations. 
The former originated in conventions between 
Government and Indians (see Indian Treat- 
ies) whereby, for example, a tribe agreed to 
exchange its home in one place for another 
selected for it by the Government, or accepted 
a gift of land as a guaranty for its good be- 
havior. An executive-order reservation orig- 
inated in a proclamation by the President set- 
ting apart certain of the public lands for the 
use of a band of Indians otherwise homeless. 
Congress, also, has occasionally passed acts 
ci eating reservations, but these have been pop- 
ularly classed with treaty reservations, be- 
cause the latter have usually required legisla- 
tion to make the creative treaties effective. In 
earlier days very sharp distinctions were drawn 
between treaty and executive-order reserva- 
tions, as to such matters as the manner of ex- 
tinguishing the Indian title, the control of the 
Indians over the natural products and re- 
sources, etc.; but the more recent tendency 
has been toward the reduction of such discrim- 
inations. In compensation for their confine- 
ment on reservations, and in view of the scarc- 
ity of wild game, most of the stronger tribes 
drew from the Government a stipulation for 
food-rations for an indefinite period, a provi- 
sion which resulted in wide spread idleness, 
vice and pauperism among a once hardy and 
self-respecting people. 

In size, reservations vary from a few hun- 
dred acres to nine or ten million. The Navajo 
reservation in Arizona, New Mexico and Utah, 
is the largest, embracing nearly 15,000 square 
miles. As to fertility and mineral wealth they 
vary greatly, the Osage reservation in Okla- 
homa being the richest for agriculture, stock- 
raising and oil-production. 

Agents. — Every reservation, as soon as cre- 
ated, was placed in charge of a Government 
representative styled an agent, who was ap- 
pointed by the President, and, with his clerical 



and industrial staff, lived on the ground. His 
functions, beyond a few technical requirements 
as to accounting and the like, were never de- 
fined by statute, and he exercised a jurisdiction 
resembling that of a Pasha in an oriental 
province, though subject always to review by 
his superiors at Washington. On many reser- 
vations, petty tribunals were set up for the 
trial of Indians accused of misdemeanors; but 
arf the native judges were selected by the agent, 
this was merely a device of indirection. The 
agent's modified despotism found its only justi- 
fication in the practical necessity for a centre 
of authority* somewhere in a wild region where 
no organized machinery of public justice could 
be called promptly into play for the preserva- 
tion of order and the protection of human life 
and property. As civilization gradually crept 
into his neighborhood, however, his tacitly rec- 
ognized powers shrank correspondingly. Also, 
as rapidly as practicable since 1893, the duties 
formerly performed by agents have been trans- 
ferred to superintendents of Indian schools, 
who are subject to the civil service law and 
rules, till the entire agency service is now out 
of political control. 

With a view to economies in administration, 
it was once the custom, whenever it could 
conveniently be done, to put one agent in charge 
of two or more reservations; but since the 
upbuilding of the individual Indian rather than 
the mere domination of the tribe has become 
the chief interest of the Government, the trend 
has been largely the other way, and several 
big agencies and reservations have been broken 
into parts small enough to allow the one func- 
tionary in charge of each to maintain closer 
personal relations with the Indians for whose 
welfare he is responsible. This practice has 
caused a considerable increase in the number 
of reservations. An official list prepared in 
1908 placed the number at 161; since then, 
however, the process of subdivision and the 
purchase of a few small tracts for homeless 
bands have brought the total nearer to 200. 

Traders. — Trade on the reservations has al- 
ways been unrestricted as between the occupant 
Indians; and white traders have been licensed 
to set up stores where the conditions seemed to 
warrant it. Proofs of good moral character 
and financial responsibility, besides a large 
bond obligating the licensee to obey the laws 
and the regulations of the Indian Office, are 
required of every applicant not of Indian blood. 
Formerly these concessions were awarded more 
or less by favor and were enormously profit- 
able, the Indians being expected to confine their 
dealings to the licensed traders; but in the 
interest of broader markets for the Indians, 
and a sharper competition in prices, the prac- 
tice has been more and more relaxed. Mean- 
while, towns have sprung up on the borders of 
reservations which a few years ago were remote 
from all civilization, and the Indians are now 
encouraged to buy and sell where they can do 



167 



INDIAN TERRITORY— INDIAN TREATIES 



so to the best advantage. With the loss of 
their monopolistic character, and the efforts of 
the Government to prevent the Indians from 
wasting their little means, the trading posts 
have become so much less lucrative that the 
demand for licenses has fallen off; and trade 
in the Indian country, barring the prohibition 
or; intoxicants, is now substantially as free as 
elsewhere. 

See Public Lands; and under Indian. 

References: C. C. Royce, "Indian Land Ces- 
sions to the U. S." in Bureau of American 
Ethnology, Report, 1899; S. K. Humphrey, 
The Indian Dispossessed ( 1905 ) ; Charles M. 
Harvey, "The Red Man's Last Roll-Call" in 
Atlantic Monthly, XCVII, March, 1906; J. B. 
Thayer, "A People Without Law" in ibid, Oct.- 
Nov., 1891; "Handbook of Am. Indians" in 
Bureau of Am. Ethnology, Bulletin No. 30, 
1910, II; Commissioner of Indian Affairs, An- 
nual Report, 1908- Francis E. Leupp. 

INDIAN TERRITORY. Title to the soil of 
the Indian Territory was acquired by the Unit- 
ed States through the Louisiana Purchase. 
This section was originally intended for an 
Indian commonwealth, as the Federal Govern- 
ment, soon after the War of 1812, adopted the 
policy of transferring the civilized Indians 
from the southern states to the unsettled lands 
west of the Mississippi. This plan was con- 
summated by a series of treaties from 1820 to 
1840, the most important of these being with 
the Choctaws in 1820 and with the Cherokees 
in 1828 and 1833. These treaties defined the 
western boundary of Arkansas and the north- 
ern limits of the new lands of the Cherokees; 
thus virtually establishing the outlines of the 
present state of Oklahoma. The Indians as- 
signed to this tract were known as the Five 
Civilized Tribes, and included the Cherokees, 
Choctaws, Chickasaws, Creeks, and Seminoles. 

These tribes were guaranteed the privilege 
of local self-government. The Cherokees had 
adopted a constitution while in Georgia. This 
they remodeled and improved in 1839, and their 
plan included three distinct departments of 
government, executive, legislative, and judicial. 
The executive department centered in the prin- 
cipal chief, who saw that the laws were en- 
forced, was the representative of the govern- 
ment in external affairs and exercised a veto 



power on legislative acts. The legislative func- 
tion was vested in a two chamber legislature, 
the upper house being known as the senate. 
The judicial department consisted of a "su- 
preme court and such circuit and inferior 
courts as the national council may from time 
to time ordain and establish." 

The Choctaw constitution of 1842 differed 
from that of the Cherokees in the one notice- 
able particular of a plural executive consisting 
of four chiefs, each chosen from one of the four 
governmental districts. The Chickasaws, who 
had previously attached themselves to the 
Choctaws for governmental purposes, withdrew 
in the year 1857, and adopted a constitution 
of their own. The Indian governments, as a 
whole, operated quietly and efficiently. Peace 
and order were preserved; human life was safe, 
and property rights were respected. The Fed- 
eral Government of th United States had re- 
moved all white settlers from the territory at 
the time of the original grant, and evidently 
intended to keep faith with the Indians and 
prevent intrusion on the part of the. whites. 

The coming of the railroads in the Indian 
Territory (1870) made further exclusion of 
the white settler impossible, and by 1890 the 
whites outnumbered the Indians. In 1868, 
the population, according to the Peace Commis- 
sion figures, was 47,396; in 1907 by the special 
statehood census, 681,115, of whom Indians 
numbered 52,482, negroes 36,900 and whites 
302,680. 

See Indian Policy; Indian Reservations; 
Oklahoma. 

References: A. H. Abel, "Proposals for an 
Indian State, 1778-1878" in Am. Hist. Assoc, 
Annual Report, 1907, I, 89-102, "Hist, of 
Events Resulting in Indian Consolidation West 
of the Mississippi" in ibid, 1906, I, 235-450; 
Commissioner of Indian Affairs, Reports 
(1835-1912) ; R. J. Hinton, "Indian Territory" 
in Review of Reviews, XXIII (1901), 451; 
Constitution and Laws of the Cherokee Nation 
(1875 and 1883); Constitution and Laws of 
the Chickasaw Nation (1899); Laivs of the 
Choctaw Nation from 1886-1890 (1891 and 
1894 ) ; Treaties and Laws of the Osage Nation 
(1895) ; Acts and Resolutions of the National 
Council of the Muskogee Nation (1893-1899) ; 
Bureau of Ethnology, Annual Reports (1882- 
1912). John Alley. 



INDIAN TREATIES 



Policy. — For more than three-quarters of a 
century the Government of the United States 
conducted its intercourse with the Indian tribes 
by means of treaties. From the colonies was 
inherited the habit of dealing with the tribes 
as independent nations through their chiefs or 
"kings," and the stilted phraseology of the 



treaties is in keeping with this fiction. An act 
of Congress of March 1, 1793, provided that no 
purchase or grant of land should be valid un- 
less made by a "treaty or convention entered 
into pursuant of the Constitution," and as the 
Constitution vests the treaty-making power in 
the President (Art. II, Sec. ii, H 2) subject 



168 



INDIAN WARS— INDIANS, ALLOTMENT OF LAND TO 



to ratification by the Senate, the practice in 
the case of Indian tribes became as well settled 
as in the case of foreign nations. 

Besides ratification by the Senate, legislation 
by Congress was necessary in most instances 
to carry a treaty into execution. That the in- 
congruity of a sovereign power's negotiating 
diplomatically, on an even footing, with a sub- 
ject people, was realized in spite of a general 
disposition to ignore it, was obvious from the 
growing impatience of Congress with the ham- 
pering provisions in some of the treaties, and 
from their very liberal interpretation wherever 
their language was dubious. 

Negotiations. — Indeed, an Indian treaty was 
not easy to construe so as to satisfy both par- 
ties, owing to the way such instruments were 
framed. The negotiations were usually con- 
ducted through unlettered interpreters, with 
limited resources of expression; the English 
and the Indian tongues were so unlike in struc- 
ture and in their capacity for communicating 
shades of meaning, that often it was impossible 
to make the Indians differentiate between a di- 
rect and a contingent statement, for example; 
their simple environment had left their vocab- 
ularies lacking in terms of description familiar 
enough in a more complex civilization, while 
the whites were puzzled by certain natural 
boundaries known from earliest times by the 
Indians; and the climax of difficulty was 
capped when a suspicion of venality attached 
to the interpreter, on whose good faith and 
patience the essential success of every such 
enterprise depended. Hence it is reasonable to 
suppose that more than one historic indictment 
of the Government for breaches of its covenants 
to the Indians may have for its real basis noth- 
ing worse than mutual misunderstandings be- 
tween the negotiators. 

Treaties Subject to Acts of Congress. — In 
pursuance of an act of March 3, 1871, treaties 
with the Indians gave way to mere agreements, 
and with these Congress felt free to take some 
rather radical liberties in the laws passed os- 
tensibly to carry them into effect. A crisis 
was reached when suit was brought in the name 
of Lone Wolf, a Kiowa Indian of prominence, 
to enjoin the Secretary of the Interior from 
disposing of the surplus lands on the Kiowa, 
Comanche and Apache reservation in Oklahoma 
without the consent of the Indians. The peti- 
tioners asserted that in a treaty of 1868 the 
Government had promised not to regard as val- 
id any cession of lands except by consent of 
three-quarters of the male members of the 
tribes concerned; that the agreement of 1892 
under which the Government had undertaken to 
throw open the reservation had not been signed 
by the requisite three-fourths; and that even 
this putative agreement had been violently dis- 
torted in the legislation which purported to 
make it operative. No case could have been 
made up to present a more striking array of 
issues wherewith to test the legal force of a 



treaty regarding Indian land; and when the 
Supreme Court of the United States, on Jan. 
5, 1903, declared that "the power exists [in 
Congress 1 to abrogate the provisions of an In- 
dian treaty," and that "its action is conclusive 
upon the courts," this much-vexed question was 
settled for all time. 

Number of Treaties. — Between 1778 and the 
adoption of the Constitution, nine treaties with 
Indian tribes were negotiated, and before the 
passage of the act prohibiting treaties 372 
more. Since the abolition of treaties, less than 
a hundred agreements have been made. Some 
of the most recent are very informal in char- 
acter, and designed chiefly for the information 
of the Indians as to the intentions of Congress, 
which now does by direct legislation much of 
the business which once was assumed to require 
preliminary negotiation. 

Provisions of Treaties. — Apart from land 
cessions, the subjects often est dealt with in 
the old treaties were the establishment of trust 
funds, and provisions for the subsistence or 
education of the Indians concerned. Not a few 
bound the Government to the support of a tribe 
till its members were able to support them- 
selves — a vague, and later vexatious, proposi- 
tion; treaties with the Pawnees pledged the 
payment to them of $500 annually "for iron 
and steel and other necessary articles for 
shops," and the "pay of two blacksmiths, one 
of whom is to be a tin and gunsmith, and 
compensation for two strikers or apprentices;" 
the Pottawatomies had a permanent promise of 
a supply of salt, and a periodical payment of 
money in lieu of tobacco, iron and steel; the 
Six Nations of New York had a permanent 
annuity of $4,500 in clothing, which, in the 
case of one prolific branch, recently dwindled 
to a per capita stipend of a trifle more than 40 
cents. Efforts have been made with varying 
success, to induce the tribes holding these an- 
tiquated claims to let them be appraised in 
cash, capitalized, and the principal paid over, 
with a view to wiping the matter off the books. 

The treaty system has borne almost as seri- 
ous fruits for evil as the reservation system 
(see Indian Reservations), retarding the ad- 
vancement of the Indian beneficiaries by keep- 
ing them always in a state of unrest, diverting 
their attention from legitimate measures for 
self-support, and exposing them to perpetual 
siege by unscrupulous claim-agents. 

See Public Lands ; Treaties of the United 
States; and under Indians. 

References: C. T. Kappler (compiler) Indian 
Laios and Treaties (1904) ; "Handbook of Am. 
Indians" in Bureau of Am. Ethnology, Bulletin 
No. 30 (1910). Francis E. Letjpp. 

INDIAN WARS. See Wars of the United 

States. 

INDIANS, ALLOTMENT OF LAND TO. See 

Allotment of Land to Indians. 



169 



INDIANS, CONSTITUTIONAL AND LEGAL STATUS OF 



INDIANS, CONSTITUTIONAL AND LEGAL STATUS OF 



Original Principles of Colonizing Powers. — 
The relations of European powers to the inhab- 
itants of America have proceeded upon two dif- 
ferent and sometimes conflicting points of 
view: (1) that the aborigines made up na- 
tions similar to the Asiatic nations which were 
approached about the same time; (2) that they 
were made up of individuals having no politi- 
cal organization which Europe was bound to 
regard. The Spaniards looked upon the people 
of Cuba as individuals and quickly extermina- 
ted them; and when they reached the two 
crude nations of Mexico and Peru, they simply 
overthrew the governments, and by right of 
conquest seized the public property and as 
much of the private property as they thought 
desirable. Thereafter, they treated the Indians 
as subjects, made and enforced laws upon them, 
and accepted them as a kind of inferior citi- 
zen. In that status they remained till the 
formation of the present Latin American states, 
when such Indians as have adopted the fixed 
residence and customs of civilization, in many 
cases became full citizens. 

The French in North America adopted a very 
similar system, destroying some tribes and in- 
corporating others into their body politic. 
Neither whites nor civilized Indians had a 
share in the government; and both were subject 
to the same general system of law. 

The English came to North America in com- 
paratively small bodies and found the region 
occupied by warlike tribes, and from the begin- 
ning, they adopted the principle that the unit 
was the tribe and not the individual, unless 
the Indian threw off his tribal allegiance and 
settled down as a white man might do. This 
is substantially the principle on which the 
United States bases its relations with the In- 
dians at the present day. 

English Theory of Indian Land-Holding — 
Under the Spanish system, the Indians were 
not looked upon as masters of the soil except 
so far as the Government might recognize in- 
dividual holdings; under the English system, 
the land was recognized as the property of the 
tribe, but as property only in a limited sense. 
The British claimed all the territory watered 
by rivers falling into coasts discovered by or 
otherwise acquired by the English, as the prop- 
erty of the king of England. This idea went 
back to the old Norman principle that all the 
land in the kingdom was either occupied direct- 
ly by the sovereign or was by him granted in 
fief to certain of his subjects. At the time 
of colonization, this principle was almost ex- 
tinct in England, except for the escheats of 
lands for which no owners or heirs could be 
found, and which, therefore, went back to the 
Crown. 



In America the principle was revived, and 
included not only the right to hold or to grant 
the land, but to authorize grantees to set up 
local governments, which developed into colon- 
ies (see Colonization by Geeat Britain 
in America ) . The Crown, however, from 
the beginning recognized that the Indians 
who were already on the ground had a right of 
occupancy, which must somehow be extin- 
guished before any grantee could have undis- 
puted possession. This accorded nearly enough 
with the general Indian principle that the 
lands were tribal. In some cases, . as among 
the Iroquois, they had agreed upon intertribal 
boundaries among themselves. So far as the 
suzerainty of the king of England was con- 
cerned, they understood naught of it. To their 
minds, the whites were simply wandering bands 
who sought a place of residence; and when 
they got tired of it would go somewhere else. 

Colonial Practice. — The English theory was 
well maintained during the colonial period. 
Individuals did sometimes secure grants from 
Indian tribes; and individuals and communi- 
ties sometimes got grants from bodies of in- 
dividual Indians less than tribes; but the rec- 
ognized principles regulating the legal status 
of the Indian were as follows : ( 1 ) the tribe 
was entitled to occupy its ordinary range of 
lands till it made a cession, such cessions often 
being the fruits of a destructive war; (2) the 
Indian living with his tribe was not subject 
to the jurisdiction of the English colonies ; ( 3 ) 
members of broken tribes might be received on 
a fixed area of land within a colony, thus ac- 
cepting what is substantially the present res- 
ervation system. (4) an Indian who had left 
his tribe, especially a Christian Indian, was 
subject to colonial law and became a sort of 
inferior citizen, entitled to the protection of 
law in life and property. 

Individual Indians, particularly members of 
defeated tribes, could be made slaves, although 
that status was unknown in England as ap- 
plied to white persons. The Massachusetts 
statute of 1641 against slavery expressly ex- 
cepted "captives in just wars." The children 
of Indian slaves were also slaves, but the In- 
lians pined and died under the system, and 
it was of small economic importance (see 
Slavery as a Labor System ) . 

The Federal Government. — Down to the Rev- 
olution, the theory of dealing with tribes 
fitted in with the conditions. The Six Na- 
tions in the North and the Cherokees and 
Creeks in the South were numerous, warlike 
and well organized, abundantly able to pro- 
tect themselves and their lands. During the 
Revolution, the Six Nations were crushed, and 
twenty-five years later, the Creeks and Cher- 



170 



INDIANS, CONSTITUTIONAL AND LEGAL STATUS OF 



okees succumbed (see Wars of the United 
States). Early in the Revolution the Conti- 
nental Congress took the ground that it suc- 
ceeded to the British Government in direct 
relation with the Indians; officials were ap- 
pointed to deal with the Indians; Indian chiefs 
were received in the hall of Congress; efforts 
were made to enlist Indian allies; and in 1778 
was made the first of a long series of treaties 
between the United States and Indian tribes. 
The twin doctrine of tribal unity and of the 
Indian right of occupancy were completely 
adopted. Several of the colonies had made 
treaties with the Indians, some of the states, 
particularly Georgia, tried to keep up inde- 
pendent relations; but Congress ignored the 
lack of authority under the Articles of Con- 
federation and assumed a right of control. 
This control was subsequently affirmed in in- 
definite terms, by the Federal Constitution. The 
clauses in that document which bear upon the 
status of the Indians are as follows: (1) that 
relating to Representatives and direct taxes, 
which excludes Indians not taxed (Art. I, Sec. 
ii, % 3 ) ; ( 2 ) the authority "to regulate Com- 
merce with the Indian tribes" (Art. I, Sec. viii, 
If 3) ; (3) the right "to dispose of and make 
all needful rules and regulations respecting the 
territory or other property belonging to the 
United States (Art. IV, Sec. iii, If 2). These 
clauses include explicitly only Indian trade, 
but through the territorial clause and the pow- 
ers of the United States to make war and to 
make treaties, full authority over the tribal 
Indians was successfully asserted for the Fed- 
eral Government. Indians who had left their 
tribes, and the fragments of tribes, such as the 
Senecas in New York, remained under state 
jurisdiction; otherwise, the status of all in- 
dividual Indians and of all tribes including 
tribal Indians within the boundaries of states, 
remained federal. 

Doctrine of Reservations. — The former Eng- 
lish principle that the relation of government 
to the Indians was primarily an affair of the 
central government, was carried over under 
the new regime; and the Federal Government 
maintained that the lands of the tribal In- 
dians within state boundaries were not under 
the jurisdiction of the state governments, or 
subject to the operation of state laws. 

In most of the then existing states, no nu- 
merous tribes were left, except in Georgia, 
where the Indian question was complicated by 
the Georgian claims to extend to the Missis- 
sippi River (see Cessions by the States). 
When that matter was adjusted in 1802, the 
Federal Government agreed as soon as possible 
to bring under state control the tribal lands 
within the acknowledged limits of Georgia. 
In the new states as they were admitted this 
principle of an exclusive jurisdiction of the 
United States in certain portions of the area 
of the state was tacitly admitted at the time 
of entrance into the Union. 



60 



171 



Within the territories, the authority of the 
United States over the Indians was undisputed. 
By the treaty of Greenville ( 1795 ) , a demarca- 
tion line was drawn across what is now the 
state of Ohio, separating lands reserved to the 
Indians from those open to white settlement, 
a principle earlier stated in the line of the 
treaty of Fort Stanwix in 1768, and subse- 
quently applied in some cases in the South- 
west. As the western country was settled ces- 
sions were constantly made by the Indians, till 
some tribes were left in islands of territory 
commonly called reservations. Until about 
1890 it was the policy of the Government to 
remove tribes which had thus become surround- 
ed by white settlers to new lands farther west; 
and in the thirties the Creek and Cherokee res- 
ervations in Georgia were, under great pres- 
sure, given up by the Indians, who were trans- 
ferred to a new territory west of Arkansas. 

Law and Government. — Upon Indian reser- 
vations for many years the only criminal and 
civil law applying to relations of Indians with 
Indians was found in the traditions and deci- 
sions of the Indians themselves, through their 
self-constituted tribal machinery. The tribes 
were kept in order, and the lives and property 
of white people were safe-guarded by the In- 
dian agents and other Government officials, 
resident among the Indians with troops in the 
background. In eases of aggravated crime 
where the Indians could not act, the agent 
sometimes held an informal court and declared 
the penalty. In contests between Indians and 
unofficial white men, for many years there was 
no law governing Indian reservations, but in 
1834 Congress provided that crimes committed 
by white men on Indian reservations should be 
cognizable by the federal courts in a neighbor- 
ing state or territory. 

The so-called Indian Territory had a peculiar 
system of government; it was sub-divided into 
reservations, each occupied by one of the "five 
civilized tribes" or one of the small additional 
tribes which were brought down from the 
North. Each of the five civilized tribes had a 
government modeled on that of the states, with 
an elected chief and a legislature. 

The Supreme Court in the cases of American 
Insurance Company vs. Canter (see, 1828, 3 
Pet. 307) ; Cherokee Nation vs. Georgia (1831, 

30 U. 8. 1), and Worcester vs. Georgia (1832, 

31 U. 8. 515), supported the doctrine that the 
Indian reservations were within the exclusive 
jurisdiction of the United States, and not sub- 
ject to state law. The United States Govern- 
ment was also the sole body which could obtain 
legal title to land by the cessions of Indians. 
Down to 1871, even if a cession was made after 
an Indian war, ownership of land was held to 
be in the Indians till they made a treaty. 

Legal Status of the Tribes. — WTien the stat- 
us of the Indians under the Federal Constitu- 
tion was first determined there were still tribes 
powerful enough to be reckoned as a diplomatic 



INDIANS, CONSTITUTIONAL AND LEGAL STATUS OF 



entity; and the usual means of regulating their 
status was by formal treaties negotiated under 
direction of the President and ratified by a two- 
thirds majority of the Senate. The question 
whether the tribes were thus recognized as in- 
ternational states capable of entering into 
treaty obligations binding on both sides, and 
competent to sue as "foreign states" under the 
third article of the Constitution, came to a 
head in the case of Cherokee Nation vs. Georgia 
in 1831. The Supreme Court of the United 
States then decided that the Indian tribes were 
not foreign powers, but "domestic dependent na- 
tions," which could have no jural relations ex- 
cept with the United States. By subsequent 
decisions the Court held that the internal gov- 
ernment of tribes was subject to revision and 
alteration by the Federal Government but not 
by state government (U. S. vs. Kagama, 118 U. 
8. 375). Indian agents sometimes deposed a 
chief or group of chiefs and replaced them with 
others. Congress, by statute, fixed the condi- 
tions of membership in the civilized tribes, and 
regulated the status of white people who might 
intermarry with tribal Indians. The tribal 
governments in the Indian Territory by 1912 
were all dissolved and the Indians were brought 
under the direct operation of the state govern- 
ment of Oklahoma. 

Legal Status of Individual Indians. — White 
people have occasionally sought and obtained 
formal membership in Indian tribes, as in the 
case of Samuel Houston in the early thirties; 
and in some instances were recognized by the 
Federal Government as full members. In gen- 
eral none but persons of Indian blood are en- 
titled to the privileges, or subject to the re- 
striction, of Indians. Half breeds, whether 
children of Indian fathers or mothers, are in- 
cluded in the tribes; but no white person can 
obtain tribal status either by adoption or by 
marriage with an Indian. 

The tribal Indian is part of a unit: he can- 
not acquire title to any part of the tribal 
lands, although in the Indian Territory a small 
number of families for the time being usurped 
their use. He is bound to obey the tribal laws, 
so far as they are not disapproved by the Fed- 
eral Government; he is an equal sharer with 
all other members of the tribe in the tribal 
property, which consists of lands and of funds 
held and administered for the tribe by the Fed- 
eral Government. He is entitled to a share in 
the distribution of food or other supplies, when 
made to his tribe by the Government. 

From the beginning of the Federal Govern- 
ment some Indians from time to time have left 
their tribes and become citizens under the ordi- 
nary conditions. The term "Indians not taxed" 
in the Constitution admits the existence of a 
class of Indians taxed and presumably citizens. 
Some states allowed such citizenship without 
any particular legal process. 

The ordinary principle is, however, that a 
tribal Indian cannot divest himself of that 



172 



relation, and cannot become a citizen except 
by federal law. The Zuni Indians were made 
citizens by the treaty of 1848 annexing New 
Mexico to the United States, because already 
citizens of Mexico. By statute of Feb. 8, 1887, 
Indians who voluntarily left their tribes and 
took up homesteads thereby became citizens of 
the state in which they resided. Some efforts 
were made by tribal Indians to get citizenship 
by naturalization, but in the cases of Elk vs. 
Wilkins (112 U. 8. 94) the Supreme Court held 
that Indians were not included in the naturali- 
zation Jaws of the United States. 

The dissolution of the tribes in the Indian 
Territory included the full citizenship of the 
Indians thus emerged from the tribal status; 
and thousands of them became voters in the 
state of Oklahoma. The policy of the Govern- 
ment during the last two decades has been to 
induce the Indians to leave the tribes and 
merge in the normal political population. 
(See Indian Policy of the United States.) 

Nevertheless, the Indian citizen is not quite 
on the same footing as the white citizen with 
regard to his land and property. In the pro- 
visions for Indians taking up separate tracts 
of land in individual ownership, there has been 
a limitation that the land cannot be alienated 
till twenty-five years has passed, so that their 
ownership is seriously limited. On the other 
hand Indians may be entitled to unusual priv- 
ileges. Thus in 1865 a statute was passed au- 
thorizing every half breed among the Indians 
to enter a claim on the public land wherever 
he liked. As payment for ceded lands both be- 
fore and after dissolution of the tribes, large 
trust funds have been lodged in the hands of 
the Government, and each Indian is entitled 
to an annual share of the interest. 

Some discriminations have been allowed with 
regard to the civil status of Indians. Tribal 
Indians are not included within the guaranties 
of personal rights embodied in the Federal Con- 
stitution, such as jury trial, keeping and bear- 
ing arms, and the right of petition. For many 
years the testimony of Indians was not re- 
ceived in the courts of Georgia, and some other 
states, in equal weight with that of the white 
people. The sale of liquor to Indians on the 
reservations or near the reservations has been 
forbidden by early acts of Congress (May 6, 
1822, July 9, 1832 and June 30, 1834) . Indians 
who are citizens, however, are eligible to pub- 
lic office on the same terms as white men. 

See Alien; Allotment of Land to Indi- 
ans; Citizenship in the United States; 
Colonization by Great Britain in America; 
Frontier in American Development; Home- 
steads on Public Lands; Interior, Depart- 
ment of; Natural Rights; Negotiation of 
Treaties by the United States; Privileged 
Status of Persons; Public Lands and Pub- 
lic Land Policy. 

References: F. E. Leupp, Indian and His 
Problem (1910) ; J. McLaughlin, My Friend 



INDICTMENT— INDIVIDUALISM, THEORY OF 



the Indian (1910) ; A. B. Hart, National Ideals 
Historically Traced (1907), ch. iv, Actual Gov- 
ernment (rev. ed., 1908), §§ 164, 165; F. W. 
Hodges, Ed., Handbook of Am. Indians 
(1907-1910); C. J. Kappler, "Indian Affairs 
Laws and Treaties" in Sen. Docs., 58 Cong., 2 
Sess., No. 319 (1904); C. C. Royce, "Indian 
Land Cessions" in U. S. Bureau of Am. Ethnol- 
ogy, Eighteenth Annual Report, 1889; bibli- 
ography in A. B. Hart, Manual (1908), § 168. 
Albert Bushnell Hart. 

INDICTMENT. A written accusation of 
crime or misdemeanor presented to a court by 
a grand jury legally convoked and sworn. 

H. M. B. 

INDIRECT TAXES. See Taxes, Indirect. 

INDIVIDUALISM, THEORY OF. Individ- 
ualism as a theory of government considers the 
state as a necessary evil and advocates the 
restriction of its functions merely to the main- 
tenance of the peace, order and security of 
the community. It regards liberty as the chief 
end of society and considers the interests of 
the individual to be paramount over those of 
the group. Individualists condemn state aid 
to private enterprise in any form; they con- 
demn public education, state supported li- 
braries, museums and similar institutions; 
they are opposed to sanitary and quarantine 
laws, and, indeed, all legislation which imposes 
restrictions upon individual action beyond what 
is necessary for the maintenance of order, the 
enforcement of contracts, the punishment of 
crime and protection against foreign aggres- 
sion. 

Origin and Growth of Individualism. — The 
individualistic conception of the state grew up 
during the latter part of the eighteenth century 
as a protest against the evils of over-govern- 
ment by the paternal governments of Europe. 
It was one of the cardinal doctrines of the 
physiocratic school of economists which taught 
that the economic activities of the people 
should be freed from the regulation of the state, 
and that industry should be left alone to be 
regulated by the natural law of supply and 
demand. There had been an abundance of 
legislation in some European states, regulating 
the price of food and other commodities, fixing 
the wages of labor, forbidding the export of 
various commodities, forbidding the manufac- 
ture of certain articles except under restric- 
tions, and even legislation prohibiting the wear- 
ing of certain kinds of apparel, prescribing the 
kind of material in which the dead should be 
buried, etc. Most of this legislation had 
proved mischievous and destructive of the ends 
which it was intended to accomplish. 

The doctrine of economic liberty received a 
powerful stimulus from the publication of 
Adam Smith's Wealth of Nations in 1776, a 
work which contained a strong plea for a pol- 



icy of non-interference by the state in economic 
matters. Later the individualistic theories 
were ably championed by such writers as 
Cairnes, Ricardo, Malthus, Bastiat, De Tocque- 
ville, Dunnoyer, Leon Say, Willhelm Humboldt, 
Kant and Fichte and still later by Herbert 
Spencer, John Stuart Mill, Laboulaye, Leroy- 
Beaulieu and many others. One of the most 
elaborate defenses of individualism as a doc- 
trine of government was made by Herbert 
Spencer in a series of essays published under 
the title Social Statics and Man Versus the 
State, a work which did more perhaps to pop- 
ularize the laissez faire (see) theories then any 
other contribution to the subject. He main- 
tained that government was essentially im- 
moral, that it existed merely because crime 
existed and that it had no other raison d' etre 
than to punish wrong and protect the individu- 
al against the fraud and violence of his fellows. 
To administer justice, to mount guard over 
men's rights, summed up, in his mind, the prop- 
er functions of the state and when it went 
further than this it not only worked injury 
to society but defeated its own ends. 

The doctrine of individualism has always 
had a very wide influence in America. It 
was a natural product of frontier condi- 
tions of life; the philosophical statement of 
individualism was but the expression of a fact 
which life in a new country with boundless op- 
portunity had produced. Jefferson in his pro- 
test against an expansive and burdensome gov- 
ernment was one of the great exponents of the 
individualistic doctrine. In his first inaugural 
he stated the doctrine clearly : "Still one thing 
more, fellow citizens — a wise and frugal gov- 
ernment, which shall restrain men from injur- 
ing one another, shall leave them otherwise free 
to regulate their own pursuits of industry and 
improvement, and shall not take from the 
mouth of labor the bread it has earned" 
( Richardson, Messages and Papers of the Presi- 
dents, I, 323). 

Arguments for and against Individualism. — 
In defense of the individualistic conception, it 
has been argued that justice requires that the 
individual shall be left by the state to work 
out his own destiny, that restrictions upon his 
liberty tend to destroy his power of initiative 
and self-reliance, and that over-government 
weakens individual character and interferes 
with the natural and healthy development of 
man. Freedom, says Mill, strengthens individ- 
ual character and conduces to human progress : 
"A people among whom there is no spontaneous 
action for a collective interest, who look habit- 
ually to their government to command and 
prompt them in matters of joint concern — who 
expect to have everything done for them except 
what can be made an affair of mere habit 
and routine — have their faculties only half de- 
veloped; their education is defective in one of 
its most important branches." Finally, it is 
argued, that the policy of non-interference rests 



173 



INDUSTRIAL COMMISSION 



upon sound economic principles. State inter- 
vention hampers enterprise and interferes with 
the natural development of trade whereas un- 
restricted competition tends toward the largest 
production of wealth, operates to keep wages 
and prices at a normal level and leads to the 
production of better commodities than can be 
obtained under a policy of paternalism. 

The individualistic doctrine is criticised, first 
of all, because it assumes that the state is an 
evil — an assumption that has not been borne 
out by the experience of mankind. It is no 
argument to say that because the state has 
sometimes committed errors in the past or that 
its powers have been abused in particular 
cases it is an evil and should not be trusted in 
the future. In the second place, the assump- 
tion of the individualists that all restraint is 
necessarily an evil cannot be accepted. Char- 
acter is developed quite as much through re- 
straint as through freedom. It is a very nar- 
row view which sees in a factory act, a pure 
food law, or a guarantine law nothing but 
an infringement upon individual liberty. It 
would be very easy to show that wisely directed 
state action increases individual capacity and 
enlarges the horizon of individual liberty by 
removing obstacles interposed by the strong 
and self-seeking. Finally, the laissez faire 
theorists greatly exaggerate the importance 
of the individual at the expense of the com- 
munity. They treat him as if he were 
paramount — a thing apart from the society 
of which he is a member, with in- 
terests separate and distinct from those of 
his fellow men. But in reality, he is, when 
viewed apart from his surroundings, as Pro- 
fessor Eitchie has well remarked "a mere ab- 
straction, a logical ghost, a metaphysical spec- 
ter, a mere negation." No modern state in 
practice acts upon the individualistic theory 
of politics, all now proceed on the theory that 
it is their duty to prevent as well as redress 
crimes, and to promote the common welfare in 
a thousand ways, by regulation, restriction, 
and direct aid. 

See Collectivism; Democracy; Political 
Theories of English Publicists; Political 
Theories of Modern Continental Publi- 
cists. 

References: W. Donisthorpe, Individualism, 
a System of Politics (1889); P. Leroy-Beau- 
lieu, The Modern State in Relation to Society 
and the Individual (1891) ; T. Mackay, A Plea 
for Liberty (1891); W. S. McKechnie, The 
State and the Individual (1896); J. S. Mill, 
Essay on Liberty (1867); F. C. Montague, 
Limits of Individual Liberty (1884) ; D. G. 
Ritchie, Principles of State Interference 
(1902) ; B. Smith, Liberty and Liberalism 
(1887) ; H. Spencer, Social Statics and Man 
versus the State (1903). James W. Garner. 



INDUSTRIAL COMMISSION. Under date 
of June 18, 1898, an act was approved by the 



President of the United States authorizing the 
appointment of a non-partisan commission "to 
investigate questions pertaining to immigra- 
tion, to labor, to agriculture, to manufacturing 
and to business, and to report to Congress and 
to suggest such legislation as it may deem best 
upon these subjects . . . and suggest such 
laws as may be made a basis for uniform 
legislation by the various States of the Union, 
in order to harmonize conflicting interests and 
to be equitable to the laborer, the employer, 
the producer and the consumer." This com- 
prehensive program was entrusted to a com- 
mission composed of: five members of the 
Senate, appointed by the presiding officer there- 
of — James H. Kyle, chairman, Boies Penrose, 
J. J. Gardner, Wm. Lorimer, L. F. Livings- 
ton; five members of the House of Represen- 
tatives, appointed by the Speaker — John C. 
Bell, Theodore Otjen, Lee Mantle, A. L. Harris, 
Ellison A. Smyth; nine persons appointed by 
the President, among them — John M. Farqu- 
har, Eugene D. Conger, Thomas W. Phillips, 
C. J. Harris, M. D. Ratchford, John L. Ken- 
nedy, Albert Clark. Its term was for two 
years — afterwards extended to February 15, 
1902. 

The work of the Commission was done large- 
ly through hearings and oral testimony, the 
records of which take up four-fifths of the 
space of its reports. As time went on more 
use was made of experts to investigate par- 
ticular topics; up to that time, no commission 
in the United States had ever made so much 
use of trained investigators. 

The nineteen volumes constituting the report 
of the commission are a storehouse of valuable 
information on the subjects covered. On many 
points they still remain our best source ma- 
terial. The titles of the volumes are as fol- 
lows: 1, Trusts and Industrial Combinations; 
2, Trust and Corporation Laws; 3, Prison La- 
bor; 4, Transportation; 5, Labor Legislation; 
6, Distribution of Farm Products; 7, Capital 
and Labor in Manufactures and General Busi- 
ness; 8, Chicago Labor Disputes; 9, Transpor- 
tation (second volume) ; 10, Agriculture and 
Agricultural Labor; 11, Agriculture and Taxa- 
tion; 12, Capital and Labor in the Mining In- 
dustry; 13, Trusts and Industrial Combina- 
tions (second volume) ; 14, Capital and Labor 
in Manufactures and General Business (second 
volume) ; 15, Immigration and Education; 16, 
Foreign Labor Legislation; 17, Labor Organiza- 
tions, Labor Disputes, and Arbitration, Rail- 
way Labor; 18, Industrial Combinations in 
Europe; 19, Final Report. Each volume of 
testimony has a full "digest" and a shorter 
"review" of evidence as well as an elaborate 
index to the full testimony and another index 
to the "digest" and "review." Volume 19, the 
Final Report, takes up the various divisions 
of the work of the Commission, gives a full re- 
view of the data and a short series of definite 
recommendations. In addition, this volume 
174 



INDUSTRIAL CONGRESS— INEBRIATE ASYLUMS 



has a general index to all the "digests," "re- 
views," and special reports and investigations. 

The Commission did not draft a complete 
industrial code and presented bills only on 
Immigration and Convict Labor. Its great 
service was that of investigation. The specific 
recommendations it made, while on the whole 
sane and vigorous, and of far higher type than 
those of most investigations in the United 
States, have been of secondary importance. 

See Commissions in Ameeican Govern- 
ment; CORPORATIONS, POLITICAL AND LEGAL 

Problems of; Labor, Relation of the State 
to; Monopolies; Social Reform Problems; 
Statistics, Official Collection of; Trans- 
portation, Regulation of; Trusts. 

References: E. D. Durand, "Methods of Gov- 
ernment Investigation" in Quart. Jour. Ecom., 
XVI (1901-02), 564-86; W. Z. Ripley, "The 
Work of Trained Economists in the Industrial 
Commission" in ibid, 121-2; S. N. D. North, 
"The Industrial Commission" in No. Am. Rev., 
CLXVIII (1899), 708-19; Industrial Commis- 
sion, Reports (1900-1902). 

L. C. Marshall. 

INDUSTRIAL CONGRESS. This convention 
met in Philadelphia June 13, 1848, and nomi- 
nated Gerritt Smith for President and William 
S. Waitt for Vice-President. A. C. McL. 



INDUSTRIAL EDUCATION. 

tion, Industrial. 



See Educa- 



INDUSTRIAL INJURIES. Injuries may be 
classified as avoidable and unavoidable. Avoid- 
able injuries are due to carelessness of the em- 
ployer, the victim, or a fellow-employee, while 
unavoidable injuries, or accidents, constitute 
the occupational risk. The chief preventable 
conditions from which industrial injuries result 
are: (1) lack of provision of safety in con- 
struction; (2) long hours of work; (3) too 
great speed maintained; (4) inadequate fac- 
tory inspection; (5) failure to remedy known 
defects; (6) inadequate warning and signal 
systems; (7) inadequate instruction and direc- 
tion of ignorant workers. In different states 
the field of danger in factory work has been 
very differently measured, although any one of 
the dangers recognized by a specific safety pro- 
vision in one manufacturing state must exist 
in any other manufacturing state. The ten- 
dency of such legislation has been rather 
toward the simple repetition of early statutes 
and not toward progressive development. The 
Wisconsin act of 1911, providing for an agency 
for administrative legislation as to details in 
safety provisions, similar to the systems in 
many foreign countries, is unquestionably the 
most advanced safety law at the present time. 
This act established a quick and effective 
means for keeping pace with changing indus- 
trial conditions, thus relieving the legislature 
from making endless details respecting safety 



provisions. The success of this law led Massa- 
chusetts and New York, in 1913, to enact 
laws providing for similar tribunals. 

The recent wide-spread movement for reform 
in dealing with the problem of industrial in- 
juries has resulted in the enactment of laws in 
many of the states of the Union for the purpose 
of prevention of work-accidents and diseases 
and the securing of reliable information con- 
cerning their nature and extent. 

In the face of the unremitting pressure for 
large output, the motive for prevention of ac- 
cidents can never be compelling, until to each 
injury and death is fixed a uniform and un- 
escapable penalty. If accidents became a heavy 
and determinable cost to the business, the pre- 
vention of them would become of direct eco- 
nomic interest to the employer. Safe but slow- 
er ways of producing may involve a reduction 
in profits; out the welfare of the community 
demands that the human waste resulting from 
dangerous, quicker ways shall be compensated 
for by a greater reduction in profits. Other- 
wise the employer, held closely in the grip of 
economic motives, must make production, 
rather than the protection of workmen, his 
first interest. 

See Accidents, Railroad and Steamship; 
Arbitration of Labor Disputes; Employers' 
Liability; Factory Legislation; Labor 
Bureau; Labor, Protection to; Labor, Rela- 
tion of the State to; Occupational Dis- 
eases ; Unemployment. 

References: C. Eastman, Work- Accidents and 
the Law (1910) ; Am. Labor Legislation Rev. 
I (1911), No. 2, 103-109, 123-134, No. 3, 7-58; 
D. D. Lescohier, "Industrial Accidents and Em- 
ployers' Liability in Minnesota" in Minnesota 
Bureau of Labor, 12 Bicannial Report (1910), 
125-324; "Causes and Prevention of Industrial 
Accidents" in N. Y. State Commission on Em- 
ployers' Liability, Second Report (1911) ; 
"Prevention and Reporting of Industrial Inju- 
ries" in Am. Labor Legislation Rev., I. No. 4, 
Oct., 1912, 425-444; F. C. Schwedtman 
and J. A. Emery, Accident, Prevention and 
Relief (1911) ; G. L. Campbell, Industrial 
Accidents and Their Compensation (1911) ; 
Law and Newell, Prevention of Industrial 
Accidents (1909); F. L. Hoffman, "Fatal 
Accidents in Coal Mining and Industrial 
Labor" in U. S. Bureau of Labor, Bulletin No. 
78 (1908), 417-465; N. Y. Factory Investigat- 
ing Com'n, Preliminary Report, 1912. 

Charles F. Gettemy. 



INDUSTRIAL INSURANCE. 

ance, Industrial. 



See Insur- 



INDUSTRIAL SCHOOLS. 

DUSTRIAL. 



See Schools, In- 



175 



INEBRIATE ASYLUMS. About the year 
1880 began a popular wave of interest in public 
asylums or hospitals for the treatment of in- 



INFAMOUS CRIME— INFLATION 



ebriates. The medical profession is inclined 
to regard inebriety as a disease rather than a 
crime, and the efforts to reform an inebriate by 
short sentence houses of correction has been a 
failure. 

Several state institutions for inebriates have 
been established, of which one of the most ef- 
ficient is the Massachusetts State Hospital at 
Foxborough, at which both inebriates and in- 
sane patients are kept. The stay is voluntary 
on the part of the patient. The inebriate 
may leave at his option, by giving five days' 
notice. 

No specific treatment is used. The patient 
receives such medical treatment as is necessary 
to put him in good physical condition. Re- 
liance is placed on prescribed diet, out door air, 
exercise, congenial employment, wholesome rec- 
reation and cheerful society. Three months 
is considered a minimum time for treatment 
in a majority of cases of inebriety, and forty 
per cent of the patients are believed to make 
a good recovery. 

See Defective Classes, Public Cake of; 
Drunkenness, Regulation of; Liquor Legis- 
lation. 

References: Am. Tear Book 1911, and year 
by year; Massachusetts State Hospital for Ine- 
briates, Annual Reports (1908 to date) ; B. B. 
Burrett, Legal Treatment of Drunkenness 
(1910); N. Y. State Charities Aid Assn., Al- 
coholic Repeater or Chronic Drunkard (1910), 
Treatment of Public Intoxication and Inebriety 
(1909) ; Committee of Fifty, Physiological 
Aspects of Liquor Problem (1903) ; T. N. Kely- 
nack, Comp., Drink Problem in its Medico- 
Sociological Aspects (1907); British Depart- 
mental Committee on the Inebriates' Acts, Re- 
port (Cd. 4438), (1908, Cd. 4439); J. Ford, 
"Drunkenness in Massachusetts; Conditions 
and Remedies" in Special Report to Fox- 
bough State Hospital, 1910. 

Hastings H. Hart. 

INFAMOUS CRIME. The Constitution of 
the United States provides that "No person 
shall be held to answer for a capital or other- 
wise infamous crime unless on presentment or 
indictment by a grand jury, except in cases 
arising in the land or naval forces, or in the 
militia when in actual service in time of war 
or public danger" (Twelfth Amendment). The 
words, infamous crime, are not entirely free 
from ambiguity but perhaps it may be safe 
to say any crime, not commonly classed as a 
misdemeanor, is infamous. Judge Cooley says 
{Principles of Const. Lata, 3d ed., 318) that 
probably the punishment was in view as the 
badge of infamy rather than any element in 
the offense itself. Punishment by imprison- 
ment in the penitentiary would be infamous. 
See Grand Jury; Twelfth Amendment. 
References: Ex Parte Wilson, 114 U. 8. 417; 
Mackin vs. United States, 117 U. 8. 348. 

A. C. McL. 



INFANT INDUSTRY. This term is applied 
to the need of protecting new industries in 
order to give them opportunity to compete 
with older foreign establishments which have 
enjoyed the advantages of experience and sta- 
ble markets. This argument was especially 
emphasized in the early period of tariff discus- 
sion. Its validity has been recognized by eco- 
nomists who dissent from the protectionist 
reasoning as a whole, as, for example, by John 
Stuart Mill. In more recent years the argu- 
ment has been discredited by tariff reformers, 
on the ground that protected industries never 
appear to grow to maturity, but remain infants 
for an indefinite period. See American Sys- 
tem; Tariff Policy of the United States; 
Tariff Reform. Reference: F. W- Taussig, 
Tariff Hist, of the U. 8. (5th ed., 1910), chs- 
i, vi. D. R. D. 

INFERIOR OFFICERS. The United States 
Constitution provides (Art. II, Sec. ii, If 2) 
that "Congress may by law vest the appoint- 
ment of such inferior officers, as they may 
think proper, in the President alone, in the 
courts of law, or in the heads of departments." 
Just what federal officers may be termed "infer- 
ior" has never been squarely determined by the 
courts, the occasion for this determination never 
having arisen. It may be said, however, that 
heads of the great departments, chiefs of 
bureaus, divisions and commissions, and possi- 
bly the higher administrative officials stationed 
at various places throughout the country, as 
well as the post-masters in the larger cities, 
would be construed to be not inferior officers. 
Congress, when vesting the appointment of in- 
ferior officers in the heads of departments, may 
limit and restrict the power of removing them 
(United States vs. Perkins, 116 U. 8. 483). 
See Appointments to Office; Employees of 
Government; Executive Departments ; Pres- 
ident, Authority and Influence of; Public 
Officers, Classification of; and under Civil 
Service. Reference: D. K. Watson, Constitu- 
tion of United States (1910), II, 973. 

W. W. W. 

INFLATION. This term is applied to an 
excessive issue of paper money, either of bank 
or Government Treasury notes. Generally it 
refers to the latter. It came into special use 
in the United States during the greenback con- 
troversy of the seventies, when the advocates 
of further issues of greenbacks were called in- 
flationists. The bill of 1874, passed by Con- 
gress but vetoed by President Grant, providing 
for an increase in the volume of Treasury notes, 
was referred to in current discussion as the 
Inflation Bill. See Greenbacks; Legal Ten- 
der Controversy; Paper Money in the Unit- 
ed States. References: E. C. Mason, Veto 
Power (1891), 80-81; D. R. Dewey, Financial 
History of the United States (1903), 361. 

D. R. D. 



176 



INFLUENCE IX GOVEKXJIEXT 



INFLUENCE IN GOVERNMENT 



Meaning of the Term. — The theory of 
all governments, monarchical or democratic, 
is that they are expressions of sovereign 
will. Either the king alone or the king 
in conference with representatives of the 
people, or the people through their representa- 
tives, make those decisions which express the 
will of the state. In reality every government 
is subject to deflections of the public will 
through personal influence. The court favorite 
or the commercial magnate may substitute his 
will for that of the nominal ruler. In Ameri- 
can government, notwithstanding its strong 
democracy, influence is both in proper and in 
demoralizing ways constantly at work. A 
President is affected and sometimes restrained 
by the opinions of his Cabinet. Congress and 
the state legislatures pay some respect to the 
statements of the heads of departments on the 
public service. Judges influence legislation by 
their construction of previous laws, and by 
their presumed future opinions as to pending 
measures which may come before them. The 
great doctrine of checks and balances (see) is 
to a considerable degree nothing more than a 
system of influence exerted by men in one part 
of the government over men in another. 

"Influence" is, however, popularly used to 
mean a force outside the actual personnel of 
government service. "Who is your influence" 
used to be a common question in the federal 
civil service; the "influence" being the poli- 
tician who had got the appointment for a pub- 
lic servant, and perhaps consented to be his 
political guardian angel. In most cases the 
strongest power of this kind is the "party" 
(see) by which is really meant those persons 
within a party who are accustomed to lead and 
to make nominations. Party influence works 
upon public officers to make them obey deci- 
sions reached by the party organization, on 
penalty either of losing future nominations 
or of being held up to the public as a discord- 
ant element. Inasmuch as parties in general 
pay very little attention to their public plat- 
forms, or preelection pledges, "influence" may 
be used to compel a public official to turn his 
back on his own public promises. 

Influence of Executive Heads. — The machin- 
ery of influence can, however, be turned the 
other way. In the last decade executive of- 
ficials have been much in the public eye. Hence 
Presidents, governors, and prosecuting officers 
— such as attorneys general, and local public 
attorneys — have discovered that if they defy 
party influence, an appeal over the heads of 
party leaders to the voters is frequently a safe 
and popular thing. The influence in this case 
goes from the official to the body of voters, and 
is by them returned upon legislators or party 

17 



leaders, to compel them to accept unwelcome 
measures. 

Influence of Business. — A powerful pressure 
is constantly brought to bear upon all parts 
of American government by the business inter- 
ests, which possess a considerable part of the 
property of the country and have a rational 
desire to protect themselves. They act through 
two powerful instrumentalities. (1) The or- 
ganizations of lines of business, often meeting 
in annual conventions, where people get ac- 
quainted, discuss their common affairs and 
sometimes prepare appeals to Congress or the 
legislatures. Some large lines, such as the 
building trades, are organized by cities; others, 
such as the hardware manufacturers and bank- 
ers, have national associations. (2) Chambers 
of commerce, which in many cities have become 
unofficial parts of the municipal government, 
by general votes, or through civic secretaries, 
often appeal to the city government for im- 
provements or for economies, frequently with 
great effect. Inasmuch as mayors, governors 
and the President have vetoes, legislation can 
often be checked by proper appeals to the ex- 
ecutive; and immense pressure is often brought 
to bear by interested individuals, organizations 
or business bodies to secure a veto, or the 
threat of a veto. 

Influence of Favors. — Executive officials also 
are subject, along with members of the legis- 
latures and city councils, to adroit and power- 
ful influence in making appointments. Per- 
sonal friendship and the desire to please play 
their part ; and American government is honey- 
combed with the practice of building up one's 
political fortunes by putting a multitude of 
people under obligations. Some of the past- 
masters of Pennsylvania politics have been 
renowned for their skill in granting favors, for 
which they expected the political support of 
the people aided. 

Influence of Corporations. — The direct inter- 
ference of powerful corporations has been one 
of the strongest influences in American govern- 
ment. In several states, notably Xew Jersey 
and California, the railroads for years dominat- 
ed politics by their influence on nominations to 
legislatures, the governorship and even judg- 
ships, in which they aided themselves by a 
liberal distribution of passes and of designa- 
tions of counsel. The traction corporations 
have in many cities seen to it that no man was 
elected to an important office who was opposed 
to their plans. It is not uncommon for mem- 
bers of legislature to be "owned" by some pub- 
lic man or financial magnate, perhaps of the 
opposite party. 

Corrupt Influence. — This is felt in all gov- 
ernments and has at times been very powerful 



INFORMATION— INFORMATION, CALLS FOR 



in the United States. It acts through bribes, 
direct and indirect, to voters and to legisla- 
tors, and through securing favorable contracts 
or valuable franchises. Heads of governments 
are usually free from the most corrupt forms of 
money influence; but not always free from the 
taint of political advantage through the use of 
other people's money. 

Religious and Philanthropic Influence. — Re- 
ligious bodies have had considerable influence 
in government. The Mormon church for a long 
time controlled and still much influences the 
government of Utah and probably of some 
neighboring states. In general the influence of 
the religious bodies is exercised through reso- 
lutions of their officials, and through the known 
wishes of the members of large denominations 
as expressed through their lay and clerical 
leaders and press. The public observance of 
Sunday is a striking example of the continued 
power and influence of the churches. 

Learned and scientific societies also affect 
government, principally by memorials or re- 
monstrances upon pending measures; historical 
societies ask for the protection of records and 
historical monuments; scientific societies ask 
for an organization of their special interest 
under government. Thus the American Medical 
Association has been active in attempting to 
establish a national department of health. 

Boss Influence. — The most striking example 
of influence in American government is that of 
the political boss (see) in the city and state. 
In various states particularly New York, Penn- 
sylvania, Ohio, Indiana and Illinois, persons, 
sometimes unofficial, sometimes in public of- 
fice, possess a power of suggestion which com- 
pels most of the members of their party to 
vote as directed for speakers and presidents of 
senates, and for particular measures. Gover- 
nors of states frequently take no serious action 
contrary to the will of some private individual. 
This is influence raised to the nth power, and 
the weight of its authority rests upon the con- 
viction both of the outside public and the mem- 
bers of state or city government that "what the 
boss says goes" — that in fact the government 
of the state is one wholly of influence. In such 
a case, most people who wish things done bring 
their batteries to bear, not upon the governor 
and legislatures, who do not really exercise 
power, but upon the influence behind the scenes. 

Washington once wrote, "Influence is not 
government" : influence, acting in the midst of 
the complex of converging forces called govern- 
ment i3 more powerful than the people 
in office, sometimes is stronger than the voters 
acting at the polls. The best and most gen- 
uninely representative government is, therefore, 
that in which the determining influences are 
open, above board, and (so far as may be) coin- 
cide with the persons who exercise official 
power. People are justly suspicious of an in- 
fluence which is not limited by the responsibili- 
ties of government. 



See Absolutism; Boss and Boss System; 
Bribery; Cabinet Government; Committees, 
Party; Convention, Political; Corruption; 
Government, Theory of; Independent Move- 
ments in Politics; Individualism, Theory 
of; Lobby; Local Self-Government; Organ- 
ization; Party Leadership; Patronage; 
Popular Government; Public Opinion and 
Popular Control; Tammany. 

References: J. Bryce, Am. Commonwealth, 
(4th ed. 1910), I, chs. xliv, li, II, chs. iv, v; A. 
B. Hart, National Ideals Historically Traced 
(1907) x chs. ix, xiii. 

Albert Bushnell Haet. 

INFORMATION. A written accusation 
against a person of crime or misdemeanor, sim- 
ilar in form and substance to an indictment, 
but presented to the court by a state attorney 
or other authorized public officer, instead of 
by a grand jury. Reference: Wm. Blackstone, 
Commentaries, T. M. Cooley, Ed. (1899), IV, 
308. H. M. B. 

INFORMATION, CALLS FOR. The framers 
of our first constitutions had definite theories 
as to the separation and independence of the 
several departments of government, and such 
theories were set forth at length in the con- 
stitutions which they drew up. But in prac- 
tice the several departments of government are 
not and cannot be independent of each other. 
The legislature passes laws which are enforced 
by the executive and makes appropriations 
which are expended by the executive. In the 
amendment of existing laws and in the passage 
of new laws the legislature needs the advice 
and assistance of the executive, and such as- 
sistance is ordinarily given freely. Printed re- 
ports and recommendations by executive of- 
ficers, and recommendations made by the gover- 
nors or President to the state or national leg- 
islative bodies respectively furnish to these 
bodies much of the information which they 
desire. But legislative bodies have independent 
power to make investigations concerning any 
matters upon which they may consider it prop- 
er to legislate, and concerning impeachment 
charges which they may think proper to bring. 

If information is in the hands of the execu- 
tive which the legislative bodies think may be 
of assistance to them, it is not uncommon for 
legislative bodies to request that such informa- 
tion be transmitted to them, and this request is 
ordinarily complied with as a matter of course. 
But some cases of conflict have arisen in the 
Federal Government when the President of the 
United States, upon request from either the 
House or the Senate, has declined to furnish 
the desired information or has refused to per- 
mit a member of his Cabinet to furnish such 
information. Calls for information addressed 
to the President by either house of Congress 
have ordinarily been styled "requests," and 
have, where they concerned foreign relations, 



178 



INHERITANCE TAX— INJUNCTION 



contained the phrase "if not, in his judgment, 
incompatible with the public interest." But 
calls for information addressed to executive 
officers inferior to the President have frequent- 
ly "directed" that the information be fur- 
nished. 

If the President declines to furnish the in- 
formation requested or instructs a member of 
his Cabinet to decline to do so, there is of 
course no way by which Congress or either 
house may enforce its demands. But unless 
the demand is unreasonable, the executive will 
ordinarily comply with it, in order to preserve 
cordial relations between the two departments, 
although in a number of cases conflict has 
arisen out of the refusal to furnish informa- 
tion. President Washington, in 1796, declined 
to furnish the House with correspondence re- 
lating to the Jay Treaty. Among the most 
serious conflicts of this character were those 
between President Tyler and the House of Rep- 
resentatives in 1842, as a result of which the 
House passed resolutions insisting upon its 
right to demand information in the possession 
of the executive relating to subjects properly 
under consideration in the House. In 1886 the 
Attorney General, under instructions from 
President Cleveland, declined to furnish docu- 
ments and information requested by the Senate 
in relation to the removal of a United States 
district attorney in Alabama, the Senate claim- 
ing that such information was necessary in con- 
sidering the question of confirming the appoint- 
ment of the successor of the removed officer. 
As a result of this refusal a serious conflict 
arose between the President and the Senate, and 
after lengthy consideration the Senate passed 
a resolution condemning the action of the At- 
torney General. But the information was not 
furnished and the President's appointee was 
finally confirmed. 

See Executive Departments; President, 
Authority and Influence of; President of 
United States, Constitutional Powers of. 

References: A. C. Hinds, Precedents of the 
House of Representatives (1907), II, 982-985, 
986-988, 1026-1027, III, 179-199; E. C. Mason, 
"Congressional Demands upon the Executive 
for Information" in Am. Hist. Assoc, Papers 
(1891), V, 365-375; G. Cleveland, Presidential 
Problems (1904), 39-69; P. S. Reinsch, Read- 
ings on Federal Government ( 1909 ) , 67. 

W. F. Dodd. 

INHERITANCE TAX. See Tax, Inheri- 
tance. 

INITIATIVE. The initiative and the option- 
al referendum have recently been introduced in- 
to several of the United States, in conscious 
imitation of similar institutions long in opera- 
tion in Switzerland. Theoretical reasons were 
adduced in their favor, but the strength of the 
movement for their adoption came from the 
feeling, widely prevalent in the opening years 



of the twentieth century, that state legislatures 
were no longer representative of the people, but 
were under the dominance of political rings 
and the moneyed interests. 

The initiative was first introduced in South 
Dakota (see) in 1898, but its principal use 
has been in Oregon (see), where, in 1902, an 
amendment to the constitution provided that a 
measure proposed by a petition, duly signed by 
voters equal to eight per cent of the number 
voting for justice of the supreme court at the 
last preceding regular election, and filed with 
the secretary of state four months before a 
general election, should be submitted to the 
voters, to become a law if a majority of those 
voting upon the measure were in its favor. By 
the end of 1912 the initiative in similar form 
had been introduced in 17 states. Except in 
Oregon the initiative has been sparingly em- 
ployed, and the measures thus placed before 
the people have usually been rejected. In Ore- 
gon, on the other hand, between 1902 and the 
end of 1912, 76 measures, including many con- 
stitutional amendments, have been submitted 
by initiative petition, and 33 of them have been 
adopted. A general direct primaries law, a 
stringent corrupt practices act {see), a work- 
men's compensation act (see Employers' Lia- 
bility) and others of vast importance have 
been thus put before the people and enacted. 
The exceptional effectiveness of the initiative 
in Oregon is largely due to the logical and 
painstaking means which that state has taken 
to interest and inform the voters as to the 
measures which are to appear upon the ballot. 
See Legislation, Direct; Referendum. Refer- 
ences: C. L. Jones, Readings on Parties and 
Elections (1912), ch. x; C. A. Beard, and B. E. 
Shultz, Docs, on Initiative, Referendum and 
Recall ( 1912 ) ; E. P. Oberholtzer, Initiative, 
Referendum and Recall in America (1912); 
N. M. Butler, Why Should We Change our 
Form of Gov. (1912) ; W. B. Munro, Ed., In- 
itiative and Referendum (1912) ; G. H. Haynes, 
"People's Rule in Oregon, 1910" in Pol. Sci. 
Quar., XXVI (1911), 32-62; "People's Rule on 
Trial" in Pol. Sci. Quar., XXVIII (1913), 18- 
33; Am. Year Book, 1910, 152-155, 
238. G. H. H. 

INJUNCTION. The origin of the writ of 
injunction is probably the express mandate of 
the king, absolute, under Norman ideas the 
fountain of justice, who both declared the law 
and created the courts. As early as Henry I 
(1100) the King, through his chancellor, issued 
a perfectly modern writ enjoining certain per- 
sons from fishing in certain parts of the 
Thames, and by this time the chancellor's office 
had grown, doubtless for this reason, to be the 
highest secular office in the kingdom. The 
intention of the Norman kings was doubtless to 
make the chancery law and the court of 
chancery superior to the general justiciary and 
the common law courts; an fort resisted 



179 



INJUNCTION IN LABOR DISPUTES 



steadily for centuries by Parliament, as shown 
in many statutes limiting or restricting the 
jurisdiction of courts of chancery. This effort 
was only partly successful, for the "common" 
injunction so called, was the injunction against 
a suit at common law, and this jurisdiction has 
persisted to the present time. Indeed, the only 
other office of a writ of injunction until recent 
times was for specific performance of contracts 
or covenants where the common law afforded 
no remedy, or to restrain acts of nuisance, 
waste or trespass where the common law rem- 
edy of damages was not adequate because the 
injury, if done, would be irreparable; or in 
matters complicated, such as taking accounts; 
or when a multitude of parties were concerned, 
as in bills of peace; or in cases of fraud or 
moral wrong not justiciable by the common 
law. Rarely, except in cases of specific per- 
formance of contract, was the writ used affirma- 
tively, that is to say, to cause something to be 
done rather than not to be done — what we now 
entitle a mandatory injunction — and even when 
used negatively it was a "prerogative" writ: 
that is to say, a rule or order emanating from 
the prerogative of the Crown. 

In the United States the Federal Constitution 
(Art. Ill Sec. ii) expresses that the judicial 
power should extend to cases of equity as well 
as law: by the first judicature act this was ex- 
pressed to be the measure of equity as it existed 
at that time (Lord Eldonfs) in England, 
whereby our federal chancery system seems 
fixed, for all time, unless the Constitution be 
amended. To regulate the writ of injunction 
by act of Congress, or even punishment for con- 
tempt is probably impossible (see Government 
by Injunction). Our doctrine of separation 
of powers {see) prevents a President from par- 
doning a person found guilty of a contempt of 
a federal court, the offense not being one 
"against the United States." The states, 
however, accepted equity courts slowly and 
with some jealousy. In Massachusetts, for 
instance only very recently have general 
equity powers been extended, and the equi- 
ty courts themselves are the creatures of stat- 
ute. The court itself might, therefore, be abol- 
ished by the legislature. Nevertheless it is 
doubtful whether, when the court exists, its 
power to punish contempt of its own injunc- 
tion may be, under the state constitutions, lim- 
ited as was attempted by a statute of 1911. 

In most of the southern and western states, 
particularly where law and equity have been 
fused, the vast powers of the injunction writ 
are vested in any judge, even one of a minor 
court, and it is believed that the abuses have 
largely resulted from this fact. Injunctions, 
or at least a restraining order, are usually 
awarded ex parte and without notice, and pun- 
ishment for their violation inflicted by the 
judge who grants them, without hearing or 
witnesses for the defense, and of course with- 
out jury trial. In New York City the matter 



became a scandal a generation ago; not only 
could an injunction be obtained at any hour 
from a friendly judge for or against anything 
upon a simple affidavit, but any other judge, 
possibly friendly to the other side, would 
quickly dissolve the injunction upon the ask- 
ing. A reform now urged is that no injunc- 
tion should issue without notice and hearing; 
another suggestion is that trials for contempt 
should be before some other judge than the 
one issuing the injunction. It may further be 
added that all judges having equity power 
should be much more careful in issuing affirma- 
tive injunctions than negative ones, particu- 
larly when they result in the order to anyone 
to perform a personal contract or to abstain 
from the exercise of a constitutional right. 
See Equity; Government by Injunction. 
Reference: J. L. High, A Treatise on the Law 
of Injunctions (4th ed., 1904). 

Frederic J. Stimson. 

INJUNCTION IN LABOR DISPUTES. This 
subject was a matter of considerable discus- 
sion for a number of years; and was especially 
discussed in the presidential campaign of 1908 
and for some time thereafter. The Republican 
platform of that year declared: 

The Republican party will uphold at all times the 
authority and integrity of the courts, State and 
Federal, and will ever insist that their powers to 
enforce their process and to protect life, liberty 
and property shall be preserved inviolate. We 
believe, however, that the rules of procedure in 
the Federal courts with respect to the issuance of 
the writ of injunction should be more accurately 
defined by statute, and that no injunction or tem- 
porary restraining order should be issued without 
notice, except where irreparable injury would re- 
sult from delay, in which case a speedy hearing 
thereafter should be granted. 

The Democratic convention of the same 
year also contained a series of resolutions 
referring to the matter of punishment for 
contempt. They demand that trial by jury 
be provided for in cases of indirect contempt 
in federal courts. President Taft called the 
attention of Congress to this subject in his 
message of December, 1909. He said: 

The ends of justice will best be met and the 
chief cause of complaint against ill-considered in- 
junctions without notice will be removed by the 
enactment of a statute forbidding hereafter the 
issuing of any injunction or restraining order, 
whether temporary or permanent, by any federal 
court without previous notice and a reasonable 
opportunity to be heard on behalf of the parties 
to be enjoined ; unless it shall appear to the sat- 
isfaction of the court that the delay necessary to 
give such notice and hearing would result in ir- 
reparable injury to the complainant and unless 
also the courts shall from the evidence make a 
written finding, which shall be spread upon the 
court minutes, that immediate and irreparable in- 
jury is likely to ensue to the complainant, and 
shall define the injury, state why it is irreparable, 
and shall also endorse on the order issued the 
date and the hour of the issuance of the order. 

In an address on "Labor and Capital" de- 
livered before the Cooper Institute in New 
York on January 10, 1908, Mr. Taft also dis- 
cussed this subject at considerable length. 
After referring to the fact that there was an 



180 






INJURIES, INDUSTRIAL— INLAND WATERWAYS COMMISSION 



alleged abuse of the writ of issuing injunctions, 
he said: 

I think it has grown chiefly from the practice 
of issuing injunctions ex parte; that is, without 
giving notice or hearing to the defendant. The 
injustice that is worked is in this wise : Men 
leave employment on a strike, intending to con- 
duct themselves peaceably and within the law. 
The counsel for the employer visits a judge, pre- 
sents an affidavit in which an averment is made 
that violence is threatened, injury to property and 
injury to business. And accordingly on this affi- 
davit the judge issues a temporary restraining 
order ex parte against the defendants who are 
named in the petition or bill. The broadest ex- 
pressions are used in the writ — frequently too 
broad. The defendants are workingmen, not law- 
yers. They are not used to processes of the court. 
The expressions of the writ are formidable. A 
doubt arises in their minds as to the legality of 
what they are about to do. The stiffening is 
taken out of the strike, the men drop back and 
the strike is over, and all before they have had a 
chance in court to demonstrate, as they might, 
that they had no intention of doing anything un- 
lawful or doing any violence. 

Mr. Taft advocated a law which should pro- 
vide that no temporary restraining order should 
issue until after notice and hearing; and also 
said that in his opinion there should be a 
provision allowing the defendant in contempt 
proceedings to challenge the judge issuing the 
injunction and to call for the . designation of 
another judge to hear the issue. He objected, 
however, to the trial of contempt by jury. 

As indicating the tendency to prevent sum- 
mary punishment for contempt the following 
clause from the constitution of Oklahoma is 
of interest: 

The legislature shall pass laws defining contempts 
and regulating the proceedings and punishment 
in matters of contempt : Provided, That any per- 
son accused of violating or disobeying, when not 
in the presence or hearing of the court, or judge 
sitting as such, any order of injunction, or re- 
straint, made or entered by any court or judge of 
the State shall, before penalty or punishment is 
imposed, be entitled to a trial as to the guilt or 
innocence of the accused. In no case shall a pen- 
alty or punishment be imposed for contempt, until 
an opportunity to be heard is given. 

In 1912 the Supreme Court of the United 
States promulgated, as a part of a general re- 
vision of the rules governing equity practice 
in Federal Courts, in effect Feb. 1, 1913, the 
following order on the subject of injunctions 
which embodies, for Federal practice, the re- 
forms generally advocated: 

No preliminary injunction shall be granted with- 
out notice to the opposite party, nor shall anv 
temporary restraining order be granted without 
notice to the opposite party, unless it shall clearlv 
appear from specific facts shown bv affidavit or by 
the verified bill that immediate and irreparable 
loss or damage will result to the applicant before 
the matter can be heard on notice. 

In case a temporary restraining order shall be 
granted without notice in the contingency speci- 
fied, the matter shall be made returnable at the 
earliest possible time, and in no event later than 
ten days from the date of the order, and shall take 
precedence of all matters, except older matters of 
the same character. 

When the matter comes up for hearing, the party 
who obtained the temporary restraining order shall 
proceed with his application for a preliminary 
injunction, and if he does not do so the court shall 
dissolve his temporary restraining order. 

Upon two days' notice to the partv obtaining 
such temporary restraining order, the opposite 
party may appear and move the dissolution and 



modification of the order, and in that event the 
court or judge shall proceed to hear and deter- 
mine the motion as expeditiously as the ends of 
justice may require. Every temporary restraining 
order stiall be forthwith filed in the clerk's office. 

See Government by Injunction; Injunc- 
tion. 

References: In Re Debs, 158 U. 8. 564; G. G. 
Groat, "Injunctions in Labor Disputes" in Pol. 
Sci. Quart., 1908; W. H. Taft, Presidential 
Addresses and State Papers (1910), 142-163, 
191-200, 477-478, Present Day Problems 
(1908), 241-272. 

Andrew C. McLaughlin. 

INJURIES, INDUSTRIAL. See Industrial 
Injuries. 

INLAND WATERWAYS COMMISSION. 

President Roosevelt, March 14, 1907, appointed 
an Inland Waterways Commission to "prepare 
and report a comprehensive plan for the im- 
provement and control of the river systems of 
the United States." It was an executive com- 
mission created by the President without au- 
thority of, or appropriation by, Congress. A 
preliminary report was submitted to the Presi- 
dent, February 3, 1908. 

This report sets forth the findings of the 
commission under twenty-four headings, in- 
cluding the cause of the decline in the use of 
inland waterways; the measures necessary to 
be adopted to make the waterways more use- 
ful; and the necessity 1 of coordinating all 
measures for the conservation and use of our 
water resources. The commission recommend- 
ed that Congress be requested to authorize the 
appointment of a National Waterways Com- 
mission whose purpose should be to coordinate 
the work of the different departments of the 
Federal Government concerned with waterways 
and their use, and, after further investigation, 
to recommend plans for developing inland wa- 
terways and utilizing the waters in such man- 
ner as to secure an equitable distribution of 
costs and benefits among the states, munici- 
palities and private beneficiaries. 

The commission requested President Roose- 
velt to call a conference, consisting of the gov- 
ernors of the states and territories, of a lim- 
ited number of delegates appointed by each 
governor, and of representatives from leading 
national organizations, to consider the general 
subject of conservation of natural resources 
as well as the larger use of waters. The con- 
ference met upon the invitation of the Presi- 
dent, May 13, 14, 15, 1908, in the White House. 
It was attended by the governors of forty 
states, and among the other guests invited by 
the President were the members of the Su- 
preme Court, of both houses of Congress and 
of the Cabinet. 

Immediately following this conference, the 
President appointed a National Conservation 
Commission of which the Inland Waterways 
Commission became a part. The Conservation 



181 



INNOCUOUS DESUETUDE— INSPECTION AS A FUNCTION OF GOVERNMENT 



Commission held a conference in December, 
1908, and submitted a report to the President, 
in February, 1909. Like its predecessor, the 
Conservation Commission, was created without 
authority of Congress, and its continuance 
during the administration of President Taft 
was made impossible by act of Congress. How- 
ever, Congress, on March 3, 1909, established 
the National Waterways Commission. 

See Canals and Other Artificial Water 
Ways; Lakes, Jurisdiction and Navigation 
of; National Waterways Commission; 
Rivers, Jurisdiction and Navigation of. 

References: Inland Waterways Commission, 
Preliminary Report, 1908; Conference of the 
Governors of the U. S., Report, May 13-15, 
1908. E. R. Johnson. 

INNOCUOUS DESUETUDE. An expression 
used by President Cleveland in a message to 
Congress March 1, 1886, to characterize the 
Tenure of Office Act of 1867. "And so it hap- 
pens that, after an existence of nearly twenty 
years of almost innocuous desuetude these 
laws are brought forth . . . and put in 
the way of an executive who is willing, . . . 
to attempt an improvement in the methods of 
administration." See Cleveland, Grover. 

O. C. H. 

INSANE, PUBLIC CARE OF. The need of 
restraint of liberty in the proper care of insane 
persons, both for their own protection and for 
that of the public as well, naturally made the 
first attempts at state interference chiefly com- 
mitment laws. Such rigid safeguards have 
been thrown around the sane and devised to 
protect individual liberty and prevent the 
fraudulent taking of the property of persons 
falsely "charged" with insanity that this most 
distressing form of sickness is rendered dif- 
ficult of treatment from a medical point of 
view. Many states still require trial by jury 
with the individual in court before commit- 
ment can be made. Recent progress in the 
humane treatment of the insane lays emphasis 
on the kindly care of the physician and de- 



mands temporary or permanent custody of the 
patient in the same way it is obtained for sick 
people in ordinary hospitals. The decision 
as to legal commitment should rest chiefly on 
medical testimony and not on evidence and 
procedure such as would characterize a crimi- 
nal trial, unless the patient is charged with 
crime as well as with being insane and there- 
fore if found guilty should be adjudged to be- 
long in the class of criminal insane. 

Formerly the public care for the insane was 
practically restricted to the pauper insane who 
were put under restraint in local jails or alms- 
houses under conditions of treatment vvhich 
were revolting and barbarous but harmonized 
with the then prevalent idea that the insane 
were possessed of devils. The work of the 
seventh Earl of Shaftesbury in England who 
for fifty years served as chairman of the lunacy 
commission, and the revelations of Dorothea 
Lynde Dix concerning conditions in the United 
States, led to the creation of state or county 
asylums for the insane where patients could 
be cared for as sick persons and partly or 
wholly at public expense. 

The growth in numbers of insane has made 
it impossible to provide sufficient accomoda- 
tions in state institutions for all the insane, 
and county and local care even in almshouses 
is not yet wholly abolished. The tendency is 
toward a system of state care of insane at 
state expense, rather than as a charge on local 
funds, at least for paupers, with provision for 
voluntary commitment for rich and poor alike. 
Practically all institutions where the insane 
are kept are now placed under the rigid su- 
pervision or control by authorities of the 
state. 

See Defectives, Public Institutions for. 

References: A. G. Warner, American Chari- 
ties (2d ed., 1908), ch. xi; National Confer- 
ence of Charities and Correction, Annual Re- 
ports, 1893, 222-262, 1894, 201 et seq., 1910, 
255 et seq.; S. G. Smith, Social Pathology 
(1912), 209-221 et seq.; H. H. Hart, Special 
Report on County Asylums, 1909. 

Samuel McCune Lindsay. 



INSPECTION AS A FUNCTION OF GOVERNMENT 



Basis. — An unwritten but, essential part of 
every government is its right to assure itself 
that its business is properly carried out. The 
modern type of representative government has 
accented the power of the legislative depart- 
ment to keep control over the finances of a 
country by the principle that no appropriation 
of money is made except by the legislature; 
and by providing for some system of audit of 
accounts. Some of the colonial assemblies of 
America appointed colonial treasurers for this 
purpose. 



Inspection of Accounts. — Throughout the 
American system of government at present ex- 
ists the double principle that there ought to 
be some "official to check the accounts; and 
that the legislature has an unlimited right of 
investigating into the receipts and payments 
of the government. In national, state, local 
and municipal governments, there is usually 
some official, auditor or controller, whose signa- 
ture is necessary for the payment of money, 
and whose duty it is to assure himself that 
the payment is authorized by law and that 



182 



INSPECTION AS A FUNCTION OF GOVERNMENT 



all the formalities have been observed. It is 
his function to examine the invoices, certifi- 
cates, and other papers. The official of the 
United States Government charged with this 
duty (see Treasury Department) is the 
comptroller of the treasury. About 1896 the 
holder of that office, refused to pay sugar boun- 
ties which had accrued under the McKinley 
act of 1890 (see). 

Inspection of Purchases. — Under all govern- 
ments money must be paid by officials who 
cannot possibly see the goods or observe the 
services for which the money is paid. Hence 
some system is necessary to make sure that 
the invoices and vouchers submitted are cor- 
rect. In most of the federal departments there 
is an elaborate system for inspecting supplies, 
checking off quantities and — one of the most 
difficult points in the system — trying to make 
out whether the goods delivered are in accord- 
ance with the requirements of the Government 
and the samples. In the military and naval 
service this work is ordinarily done by regu- 
lar officers detailed for that purpose or certify- 
ing for their own posts or ships. 

State and municipal services are seldom so 
concentrated; and one of the weak points of 
state government is that goods are commonly 
certified by officials of that department or in- 
stitution by which they are used. In many 
states the institutions are compelled to submit 
uniform accounts so that it is easy to com- 
pare prices paid for supplies of the same kind. 
In several of the states, as Minnesota and 
West Virginia, a general board of control 
(see) has been appointed for state institutions 
to make the purchases and keep the accounts 
for all of them (see State Executive). In 
the cities, supplies are delivered at a com- 
paratively small number of places, and are 
easier to track; but they suffer from padded 
pay rolls of the employees, which are not 
unknown in national and state governments. 
The certifying officer may allow names to stand 
on the pay roll of people who render no serv- 
ice or may enter dummy names, and draw the 
pay himself. This is simply a convenient 
method of stealing. 

A second form of inspection is that of public 
accounts, and of the acts of subordinate gov- 
ernments, by representatives of superior gov- 
ernments. The Federal Government has no de- 
partment of dependencies and territories; but 
the Secretary of the Interior, keeps in rela- 
tion with the territorial governments, and the 
Secretary of War with the dependencies. In- 
asmuch as all their executive officials are ap- 
pointed by, or responsible to the Federal Gov- 
ernment, there is a kind of inspection, through 
examination by the President or department 
head into complaints brought with relation to 
those governments. 

The Federal Government has no authority 
over a state officer, except with regard to mili- 
tia used in the government service, and those 



concerned with elections for United States Sen- 
ators, Representatives and presidential electors. 
The Treasury may examine into payments 
made to the state for agricultural colleges 
(see) and experiment stations (see). 

In the Philippine Islands there is an auto- 
matic machinery for supervising the finances 
of the provinces, and of the municipalities 
which are the subdivisions of a province. The 
provincial treasurer is appointed by the insular 
governor and is required to report frequently 
on the accounts and finances of his province. 
He also has the right of supervision over the 
accounts of the municipalities. 

No state in the Union, however, has come 
near such an efficient system of inspecting 
local accounts, though the states create all 
the county, city and rural governments, and 
have an undoubted right to provide for the ex- 
amination and supervision of both state and 
local services performed by local officials. 
Many states have laws requiring the keeping 
of accounts in a prescribed fashion, but none 
of them has a state bureau of local accounts. 

The Census Bureau in Washington calls for 
and gets the accounts of the cities throughout 
the Union in a prescribed form; and every 
few years issues a bulletin of comparative sta- 
tistics, which is a kind of informal inspection. 
There are many irregularities in county and 
municipal affairs which could be discovered if 
the state so chose; but the only remedy at 
present is to prosecute the local officials, a 
long and tedious business. One of the most 
serious needs in state government is the crea- 
tion of a department of public accounts to 
inspect and supervise both state and local 
accounts. 

Inspection of Commodities. — A third form of 
government inspection is the examination by 
public officials of commodities offered for sale 
in private business so as to see that they 
conform to standards of weight, measure and 
healthfulness laid down by the government. 
The most familiar example is the sealing of 
weights and measures (see). Congress under 
the Constitution, (Art. I, Sec. viii, If 5) has 
sole authority to fix the standards; and there 
are in Washington standard units of weights 
and measures, with which all public and pri- 
vate scales and measures should conform. The 
laws for comparing and applying these 
standards are carried out in almost all states 
by local officials who neglect their duties. Re- 
cent investigations have shown that more than 
half the weights and measures used by the 
retail provision trade in the city of New York, 
cheat the buyer. Perhaps eventually Congress 
will refuse to allow, in interstate commerce, 
the transportation of goods except in weights 
or measures officially ascertained and certified. 

Inspection of Foods and Drugs (see).— Con- 
gress, 1906, provided for inspection of 
slaughter houses and packing houses producing 
goods for interstate trade and particularly for 



183 



INSPECTION OF FOOD AND DRUGS AS A PUBLIC FUNCTION 



ercport. The reform was reluctantly accepted 
by the packers till they discovered that the 
Government inspection gave people confidence 
in their goods. There are some systems of 
local inspection of the production of food. 

A number of the states maintain inspectors 
of cattle with the power to kill any animals 
believed by them to have tuberculosis or other 
infectious disease. 

Miscellaneous Inspections. — The Federal Gov- 
ernment also keeps up a force of special in- 
spectors of the Treasury Department principal- 
ly to detect frauds on the tariff; and another 
body of post office inspectors who look into 
irregularities in the use of the mails {see 
Fraud Orders) and keep the postmasters up 
to their work. A force of special inspectors is 
used to collect evidence as to depredations on 
land belonging to the United States, and par- 
ticularly to locate frauds in the location of 
timber and coal lands. The Federal Govern- 
ment also maintains a large force of inspectors 
to enforce the laws on the manufacture of 
fermented and distilled liquors and tobacco so 
as to assure itself of the payment of the tax. 

Many of the western states provide for the 
public grading, inspection and weighing of 
grain, and the creation of enforcing machinery. 
This is usually an inspecting department, 
though in some states supervision is put into 
the hands of a state railroad and warehouse 
commission. Similar laws have in some of the 
southern states been enacted to define the 
grades of cotton seed meal, and to regulate the 
grading, weighing and sampling of tobacco. 
The candle power of gas is in some states regu- 
lated by law, and some provide detailed rules 
for the grading of lumber. There is also of- 
ficial inspection of cotton by municipal author- 
ities in some of the primary cotton markets of 
the south. 

Proper inspection is one of the healthiest 
ways of keeping the American governments to 
their work. It has been very successful in the 
federal service, notwithstanding its many ram- 
ifications, perhaps because of the permanent 
tenure of the inspectors. The great difficulty 
in the states and municipalities is that with 
the shift of officials inspectorates are likely to 
pass to people who have not sufficient knowl- 
edge of the tricks of the trade to cope with 
those to whose interest it is to defraud. 

See Business, Government Restriction 
of; Commerce and Labor, Department of-, 
Health, Public Regulation of; Inspection 
of Commodities,; Labor, Department of; 
Pure Food. 

Reference: Bibliography in A. B. Hart, 
Manual (1908), § 146. 

Albert Bushnell Hart. 

INSPECTION OF FOOD AND DRUGS AS 
A PUBLIC FUNCTION. Federal Inspection.— 
The most far-reaching federal inspection stat- 
ute is the "Food and Drugs Act" of June 30, 



1906, which prohibits the shipment of adulter- 
ated and misbranded foods and drugs in inter- 
state commerce, the exportation or importation 
of such commodities, and their manufacture in 
the territories of the United States. 

The act of Congress, 1906, provides that labels 
of proprietary drugs must bear a true state- 
ment of any harmful contents, and that ar- 
ticles of food shall be pure and properly la- 
belled. This act is enforced by inspectors who 
collect samples and make up statements which 
are submitted to the Department of Agricul- 
ture, which may then either warn the parties 
to desist or may institute prosecutions against 
them. 

The work is conducted by the Department of 
Agriculture under the Secretary of Agriculture 
as the executive head, and its immediate en- 
forcement lies in the Bureau of Chemistry 
under the Chief of the Bureau and a board of 
three. In the inspecting of imported foods and 
drugs, under the acts of 1848, 1897, 1906 and 
1908, the Department of Agriculture cooperates 
with the Treasury Department. The Federal 
Meat Inspection Service operates under acts 
of 1890, 1891, 1895 and 1906. The inspec- 
tion is conducted through the Bureau of Ani- 
mal Industry of the Department of Agricul- 
ture. 

State Inspection. — The federal food and drug 
acts have been supplemented by state pure food 
laws. Since the passage of the federal act of 
1906 state pure food laws with enforcing ma- 
chinery have become almost universal. They 
usually make the sale of impure or adulterated 
and misbranded foods a punishable offense. 
Forty-six states and territories have, also, es- 
tablished standards for dairy products. Some 
have fixed standards for ice cream; some have 
placed decayed eggs under the ban of their pure 
food laws; and others have enacted "cold stor- 
age laws." • 

Federal meat inspection is supplemented by 
state laws which provide for the inspection, 
quarantining or killing of sick animals, dip- 
ping of sheep, sanitation of cars, yards and 
slaughtering establishments, and inspection by 
state agents. 

Municipal Inspection. — State inspection laws 
are frequently supplemented by statutes au- 
thorizing the municipalities to undertake local 
inspection. Milk inspection has gone further 
than other branches of city inspection, but 
other articles, such as butter, vinegar, game, 
fish, poultry, and meat are frequently subject 
to local inspection. 

See Markets, Regulation of; Pure Food. 

References: U. S. Bureau of Animal Indus- 
tries, Regulations Governing the Meat Inspec- 
tion of United States (1908) ; L. I. Kebler and 
Earl T. Ragan, "Drug Legislation in the U. S." 
in U. S. Bureau of Chemistry, Bulletin No. 98 
(1906) ; W. D. Bigelow, "Food Legislation 
During the Year Ended June 30, 1907" in ibid, 
Circular No. 112 (1908), Pts. I, II, "Food 



184 



INSPECTOR-GENERAL— INSTRUCTIONS TO MILITARY AND NAVAL AUTHORITIES 



Legislation During the Year Ended June 30, 
1908" in ibid, Circular No. 112 (1909) ; H. W. 
Wiley, Foods and Their Adulteration ( 1907 ) ; 
A. D. Melvin, "Federal Meat Inspection Serv- 
ice in U. S. Bureau of Animal Industries," Cir- 
cular No. 125 (1908) ; J. C. E. Merrill, "Class- 
ification of Grain into Grades" in Am. Acad. 
of Pol. and Soc. Sci., Annuls, XXXVIII ( Sept., 
1911). Geovee G. Huebnee. 

INSPECTOR-GENERAL. The Inspector- 
General is the head of the Inspector-General's 
department of the War Department (see). 
His duties relate wholly to the inspection of 
the various branches of the service. The In- 
spector-General and assistants, consisting in 
1911 of one colonel, five lieutenant-colonels 
and twelve majors, inspect military posts 
(see), stations and commands, the military 
academy (see), the service schools, the armo- 
ries (see) and arsenals, the depots of the sup- 
ply departments, the recruit depots and the 
main recruiting stations, the military prisons 
(see), the Army transports, the mine planters, 
the cable ships, the ungarrisoned posts, the 
national cemeteries, the money accountability 
of disbursing officers of the Army, and unserv- 
iceable property presented for condemnation. 
References: Secretary of War, Annual Re- 
ports; J. A. Fairlie, National Administration 
of the U. S. (1905), 143. A. N. H. 

INSPECTORS OF ELECTIONS. Inspectors 
of elections are persons selected by the differ- 
ent parties, or in case of primaries, by differ- 
ent candidates, to be present at each voting 
place, and watch the procedure of the election. 
The inspectors are usually the challengers. 
They may be present after the polls have 
closed, and see that the judges and clerks do 
not purposely or accidentally make mistakes. 
The inspectors are not so necessary in elections 
in which party lines are drawn, because the 
election officers are usually designated from 
all the recognized parties and protect their own 
voters. See Ballot; Election Retuens; 
Feauds, Electoeal; Returning Boards. 
References: Election laws of the different 
states; F. J. Stimson, Law of the Federal and 
State Constitutions of the U. S. (1908), Bk. 
Ill, §§ 230-233. T. N..H. 

INSTITUTIONS, STATE, ADMINISTRA- 
TION OF. The administration of the state in- 
stitutions has passed through many experi- 
mental stages. The present tendency is toward 
centralization. A single board of a few num- 
bers, usually bipartisan, in several states is 
charged with the administration of a number 
of state institutions. 

Prisons. — Prisons are giving up the system 
of leasing the labor of the convicts; and the 
responsible authorities must carry on the busi- 
ness of making commodities, usually only for 
state institutions. Many prisoners are em- 



ployed on the prison farms. They are secured 
while at work on the farms partly by conspic- 
uous clothing and mainly by guards with rifles 
In some states are found a penitentiary, re- 
formatory, boys' industrial school, and girls' 
industrial school. 

Insane Hospitals. — These are very numerous 
and well equipped. Ohio has seven, with a 
population of about 1,500 in each. The prin- 
cipal industry at insane hospitals is farming, 
many of the inmates performing manual labor. 
The central board plan eliminates many of the 
opportunities for graft in the administration 
of these hospitals. The board expects the su- 
perintendent to be both a business manager and 
a physician skilled in the various types of in- 
sanity. 

Defectives. — Epileptics are usually cared for 
at a separate institution administered in very 
much the same way as the insane asylums. 
State institutions for the blind, the deaf and 
dumb, feeble-minded, and inebriates, are some- 
times provided. 

Educational. — There is a large number of 
state institutions of higher learning. Some 
states have several state-supported universi- 
ties; thus Ohio supports Ohio University, Ohio 
State University, Miami University, and, in 
part, the colored college, Wilberforce. Agri- 
cultural colleges are often connected with the 
state universities. State normal schools 
abound, sometimes connected with the univer- 
sity. The administration is similar to that of 
the university. 

See Boaeds or Conteol, State; Boaeds, 
State Executive; Civil Seevice, State; 
State Departments, Heads of; State Ex- 
ecutive; State Governments, Characteeis- 
tics OF. 

References: A. B. Hart, Actual Government 
( 1908 ) , 146 ; J. H. Finley and J. F. Sanderson, 
Am. Executive (1908), ch. xiii; F. N. Thorpe, 
Federal and State Constitutions (1909). 

T. N. Hooves. 

INSTRUCTIONS TO MILITARY AND NA- 
VAL AUTHORITIES. The President is Com- 
mander-in-Chief of the Army and Navy of the 
United States; but direct orders usually ema- 
nate from the War Department. In 1855 
General Scott urged that those who gave orders 
to a commanding general should "condescend 
to speak in the name of the President;" but 
was rebuked in a legal opinion to the effect 
that "the direction of the President is to be 
assumed in all instructions and orders issuing 
from the competent departments," a view 
doubted by General Sherman in 1875. Generals 
in the field have objected to the issue of orders 
to their subordinates in disregard of the regu- 
lar channel of communication; and strenuous 
objection was encountered when a diplomatic 
agent was denied the right to communicate di- 
rectly with the enemy in the Mexican War. 
Scott also resented the "superabundant cau- 



185 



INSTRUCTIONS TO REPRESENTATIVES— INSULAR AFFAIRS, BUREAU OF 



tions" received from the Secretary of War 
(see Guadeloupe Hidalgo, Treaty of; Mex- 
ico, Diplomatic Relations with). 

The best modern practice, that of the Ger- 
man army, forbids instructing any subordinate 
in the elements of strategy or tactics, or de- 
priving him of the initiative in matters which 
fall under his own observation. A distinction 
between orders and instructions is found con- 
venient: the former must be literally obeyed; 
but instructions only convey the chief's wishes, 
and are not to be carried out if impracticable. 
Unnecessary detail would be regarded as an 
unwarranted censure, implying ignorance of 
military duties; but clear indications of the as- 
sumed position of the enemy and of the general 
purpose of headquarters are indispensable to 
intelligent and effective cooperation between 
headquarters and the military or naval au- 
thorities on active service. 

Careful training is required to enable those 
drafting instructions to eliminate whatever is 
superfluous or impertinent. Misunderstand- 
ings may be avoided by making all officers fa- 
miliar with general regulations or instructions, 
like those contained in the masterly "Instruc- 
tions for the Government of Armies in the 
Field" issued in 1862; but these settle judicial 
or administrative questions rather than those 
relating to military command. 

Instructions for naval commanders need not 
be encumbered with the problems of supply 
and communication to the same extent as those 
for armies on shore; and the use of sealed 
orders, to be opened at sea only, makes for 
secrecy. The use of the telegraph tends to 
conciseness and to conformity with the most 
recent information ; but it also enables head- 
quarters to inquire and suggest to a distract- 
ing extent; and the imaginative observer is 
sometimes able to magnify his fugitive impres' 
sions by transmitting them over land and sea. 
The new facilities were found irritating and 
obstructive by French generals in the Crimea 
in 1855 and by the Austrian commanders in 
Italy in 1859 ; and similar annoyance has been 
experienced in later wars. Wireless communi- 
cation, having a practically unlimited range, 
may sometime be found obstructive in like 
fashion, especially in naval operations. 

See Army, Standing; Officers, Military 
and Naval; War, Carrying on. 

References: F. E. Chadwick, Spanish War 
(1911), I, 3 57, II, 230; C. von der Goltz, 
Operations of War (1896), 36, 39, 87; G. F. 
R. Henderson, Science of War (1905), 6399; K. 
zu Hohenlohe, Letters on Strategy (1898), 
II, 36, 53, 226; Winfield Scott, Memoirs 
(1864), II, 392, 540; E. Upton, Military Policy 
of the U. S. (1907), 146, 158, 281, 286, 394; 
Bouse Exec. Docs., 30 Cong., 1 Sess., No. 60 
(1848), 814, 944, 960; Bouse Reports, 45 Cong., 
3 Sess., No. 555 (1878), 411; F. Lieber, Misc. 
Works (1881), II, 246-274. 

C. G. Calkins. 



INSTRUCTIONS TO REPRESENTATIVES. 

During the early stages of the development of 
the representative system, the deputy was 
merely a delegate possessing a quasi-ambassa- 
dorial character and often bore instructions as 
to how he should vote. The modern idea, how- 
ever, is that of uninstructed representation. 
This idea was first embodied in the French 
constitution of 1791 where it was declared that 
the deputy should be considered the representa- 
tive of the entire nation and that no instruc- 
tions should be given him. A somewhat sim- 
ilar provision is found in the constitution^ or 
election laws of the German empire, Austria, 
Switzerland and other countries. 

In the American system of government, 
the right of instruction has often been defend- 
ed and sometimes exercised by legislatures, 
conventions and other bodies. The constitu- 
tions of some eighteen states declare that the 
people shall at all times have the right to as- 
semble for the purpose of "instructing their 
representatives" and one (Iowa) declares that 
they shall have the right to assemble freely for 
the purpose of "making known their opinions" 
to their representatives. But the doctrine of 
uninstructed representation is maintained by 
most writers and publicists. On the contrary, 
it is said, that if the representative is to be 
what the word implies, namely, the agent 
through which the will of the constituency is 
to be expressed, he should endeavor to ascer- 
tain their wishes and register their will rather 
than his own. Between the two theories men- 
tioned lies a third, namely, that while the 
representative should not be bound by in- 
structions he should nevertheless not lightly 
disregard the wishes of his constituency when 
they have been made known to him in no un- 
certain way {see Senate). The right of the 
legislature to instruct Senators of the United 
States as to how they shall vote on certain 
measures pending before Congress is main- 
tained by many persons and has been exercised 
in a number of instances. Such instructions, 
however, are not legally binding and cannot 
be enforced upon the Senators to whom they 
are given. 

See Congress of United States; Repre- 
sentatives in Congress. 

References: J. W. Garner, Intro, to Polit. 
Theory (1910), 478-488; F. Lieber, Polit. 
Ethics (1838-39), II, 325; J. W. Burgess, Pol. 
Sci. and Const. Law (1891), II, 50. 

J. W. Garner. 

INSULAR AFFAIRS, BUREAU OF. The 

Bureau of Insular Affairs of the War Depart- 
ment, an outgrowth of the conquests of the 
Spanish War, has charge of "all matters per- 
taining to civil government in the island pos- 
sessions of the United States subject to the 
jurisdiction of the War Department." For- 
merly it had oversight of Cuban affairs 
during the two temporary American occupa- 



186 



INSULAR CASES 



tions, and of Porto Rico from 1898 till the es- 
tablishment of civil government in 1900. Its 
supervision now extends to the Philippines; 
to Porto Rico since July, 1909; and to the 
collection of the San Domingan debt. The bu- 
reau is substantially an American colonial 
office, although a number of insular posses- 
sions are outside of its jurisdiction. Among 
its various duties, it collects information re- 
garding Philippine, Porto Rican, and San 
Domingan affairs for the President, Sec- 
retary of War, and Congress; keeps the 
Philippine accounts, a kind of comp- 
troller's review; selects, by examination or 
otherwise, candidates in the United States for 
Philippine positions; supervises the education 
of Filipino students in the United States ; pur- 
chases the supplies bought in the United States 
for the Philippine Government; tabulates all 
commercial statistics relating to the islands; 
collects public documents and prepares ex- 
haustive reports. The present (1914) chief of 
the bureau is Brigadier-General Frank Mcln- 
tyre, who succeeded Brigadier-General Charles 
R. Edwards in 1912. References: Chief of the 
Bureau of Insular Affairs, Annual Reports; 
C. R. Edwards, "The Work of the Bureau of 
Insular Affairs" in National Geographic Mag- 
azine, XV (1904), 239-255, 273-284. 

G. H. B. 

INSULAR CASES. The group of cases de- 
cided by the Supreme Court of the United 
States in 1901, in which was decided the con- 
stitutional status of the islands obtained by 
this country from Spain as one of the results 
of the Spanish American War, have come to 
be known as the Insular Cases. By the treaty 
of peace by which the annexation of these 
islands was provided for it was declared that 
"the civil rights and political status of the 
native inhabitants of the territories hereby 
ceded to the United States shall be determined 
by the Congress" (Art. IX). In the case 
of DeLima vs. Bidwell (182 U. 8. 1) it was 
held that immediately upon the proclamation 
of the treaty at Washington, the island of 
Porto Rico (and, inferentially, the other 
island ceded) ceased to be "foreign country" 
within the meaning of the tariff law then in 
force providing for duties upon articles "im- 
ported from foreign countries." "By the rati- 
fication of the treaty of Paris," the court de- 
clared, "the island became territory of the 
United States, although not an organized terri- 
tory in the technical sense of the word." Be- 
fore the treaty of cession, however, but after 
the occupation by American troops, the island 
was foreign territory, for, it was declared in 
Dooley vs. United States (182 U. 8. 222), re- 
affirming the doctrine of Fleming vs. Page (9 
Howard, 603), conquest or military occupation 
does not in itself operate to annex territory 
to the United States. In Downes vs. Bidwell 
(182 U. 8. 244) the much more difficult ques- 



tion as to the extent of the legislative powers 
of Congress over these territories required solu- 
tion. By an act of 1900, known as the Foraker 
Act, Congress had provided for the imposition 
of duties upon imports into the United States 
from Porto Rico. This raised the question 
whether Congress could thus legislate specially 
for Porto Rico, or whether it was bound by 
the constitutional provision that "all duties, 
imports and excises shall be uniform through- 
out the United States" (Art. I, Sec. viii, fl 1). 
And this, in turn, of course, raised the general 
question as to the extent to which Congress, 
when legislating for any of the islands ceded 
by Spain, is controlled by the various limita- 
tions restricting its action when legislating 
with reference to the states of the Union. The 
court in its opinion divided. Four justices, 
argued that, immediately upon annexation, the 
islands became an integral part of the United 
States in the sense that the Constitution in 
all its provisions became ex proprio vigore, 
operative. One justice (Brown) asserted that 
Congress is restricted by the limitations of 
the Constitution only when dealing with the 
member states of the Union, and with those 
territories over which, by congressional action, 
the Constitution has been extended. The re- 
maining four justices took the position that 
there is a distinction between those territories 
which, after annexation, have been "incor- 
porated" into the United States, and those 
which have not; that the treaty-making power 
is competent to annex but is incompetent to 
incorporate territory, and that, until incor- 
porated, a territory is not a part of the United 
States within the meaning of that term as 
employed in the provision that duties and im- 
ports shall be uniform throughout the United 
States. In Hawaii vs. Mankichi (190 U. 8. 
197) it was held that the provisions of the 
Fifth and Sixth Amendments with reference to 
indictments (see) and jury trial (see) do not 
apply to the unincorporated territories. In 
Rassmussen vs. United States (197 U. 8. 516) 
the doctrine was squarely laid down that the 
"incorporation" and not the "organization" 
of a territory is the test as to the general 
applicability to it of the Constitution. The 
general argument of the court in this last 
case indicates that that tribunal has definitely 
adopted the distinction between incorporated 
and unincorporated territories. 

See Citizenship in the United States; 
Territorial Jurisdiction of the United 
States; Territories of the United States, 
Organized; Territory, Constitutional Ques- 
tions of. 

References: W. W. Willoughby, Constitu- 
tional Law of the U. 8. (1910), ch. xxx; L. 
S. Rowe, The United States and Porto Rico 
(1904), ch. iii; H. C. Black, Constitutional 
Law of the U. 8. (3d ed., 1910) ; D. K. Wat- 
son, Constitution of U. 8. (1910), II, 1267- 
1281. W. W. Willoughby. 



61 



187 



INSURANCE AND SOCIAL WELFARE 



INSURANCE AND SOCIAL WELFARE 



The principle of all kinds of insurance is 
fundamentally and essentially social. Whether 
provided by the state or by private business or- 
ganizations, insurance is an effort to carry 
collectively the burden of risks to which all 
who enter into the insurance relationship are 
liable at some time, or risks which are certain 
for some members of the insured group but not 
for all. The cost of carrying the risks or 
of meeting the burden at the particular time 
when it occurs is distributed through insurance 
over a longer period of time. In the first class 
we have such risks as death, for which life 
insurance is instituted ; sickness for which there 
is sick insurance. In the second and more 
numerous group are the risks of loss of prop- 
erty through theft, fire, earthquakes, hail, and 
various unusual natural phenomena; the loss 
of life or working power through accident, in- 
validity, old age, unemployment, etc. In all 
of these matters the state has an interest not 
merely to provide an easy and safe method to 
enable individuals to carry these risks and en- 
courage them to provide a regular means of 
carrying them so that they are not worsted in 
the economic struggle and thrown upon the 
community as a public charge, but more par- 
ticularly the interest of the state lies in the 
creation of insurance funds and business or- 
ganization back of funds in which there is a 
very strong motive to prevent the occurrence 
for the relief of which these funds will be used 
up. Thus every force — and insurance is one 
of the strongest economic forces — that seeks 
to reduce mortality and prolong life, to pro- 
mote and preserve health, to prevent accidents 
and make industry safer for the workers en- 
gaged in it, to make employment and the op- 
portunity to earn a living by honest labor 
more secure, to lengthen the effective period of 
working life and thus postpone invalidity and 
old age, has for the state the highest value. 

Experiments in Social Insurance. — Only in 
recent times have governments recognized the 
possibilities of social insurance. For a much 
longer period governmental supervision and 
inspection as a means of preventing fraud in 
the use of insurance funds has been recognized 
as a necessary function of government every- 
where. The most complete system of social 
insurance organized by the state is probably 
that of Germany, with the still newer scheme 
of England, a close second. One of the earliest 
attempts is found in the Prussian Code of 
1810, which provided that an employer must 
care for and support his servants who became 
incapacitated for work. Prussia, likewise, in 
1845, compelled workmen to join sick funds, 
and, in 1849, employers were also compelled 
to contribute to the cost of carrying sick in- 



surance. The miners' sick funds, which were 
also regulated by the law of 1845, were of 
much older existence. In the United States 
the principle of social insurance was recog- 
nized in the first decade after the adoption of 
the Federal Constitution, when the United 
States Government established a sick insurance 
and benefit fund for seaman, which was one 
of the first systems of the kind in the world. 
As in the case of the later miners' fund in 
Europe, the Government singled out a particu- 
larly hazardous occupation and attempted to 
provide for its risks, and from this small be- 
ginning the United States Public Health Serv- 
ice has been developed, which now serves the 
cause of health in many other occupations as 
well. 

German Workingmen's Insurance Laws. — 
The German system began with a sick in- 
surance law passed in 1883, compulsory for 
the majority of workers in all occupations, 
and requiring them to belong to an insurance 
fund and contribute two-thirds of the cost, 
while their employers contribute one-third. 
They receive free medical attendance, money 
benefits, maternity and funeral benefits, and 
pensions for invalid widows and orphans of 
insured persons. This was promptly followed 
by the law of 1884, providing for accident in- 
surance to be paid for by employers, but so 
coordinated with the sick insurance plan as 
to provide that in the majority of accidents 
during the first fourteen days of incapacity, 
the burden falls en the sick fund. In 1889 was 
provided insurance against old age and in- 
validity. 

These acts have been amended and finally 
codified in a still more perfectly coordinated 
system in the German Workmen's Insurance 
Code of 1911, a translation of which, by Dr. 
Henry J. Harris, has been published by the 
United States Bureau of Labor {Bulletin 96, 
1911). A new feature of this code is the pro- 
vision for survivors insurance, popularly called 
widows and orphans insurance. The German 
insurance plan has been severely criticised by 
all parties to it; the general taxpayer, because 
of increasing tax burdens due to the relatively 
small state contributions — the government bear- 
ing the whole administrative cost and making 
a substantial contribution to the old age pay- 
ments; the employers, because of added cost of 
production; and workingmen, because of the 
burdens of premiums which they must pay, 
thus reducing their present income, and because 
of the small and inadequate benefits they re- 
ceive when the misfortunes against which they 
are insured occur. On the other hand, there 
is, throughout the German Empire, universal 
testimony to a greater sense of security, less 



188 



INSURANCE AND SOCIAL WELFARE 



worry, better health and a prolonged period of 
working efficiency, attributable in large part to 
the insurance legislation. No political party 
seriously proposes to repeal this legislation. 

English Social Insurance. — In England a less 
complete scheme but, in some respects, a more 
far-reaching plan of state aid and interference 
has been enacted into law. This plan began 
with the Employers' Liability and Workmen's 
Compensation Acts of 1897, requiring employ- 
ers to compensate their workmen for loss of 
life or working capacity arising from accidents 
during employment. This compelled the ma- 
jority of employers to insure against accidents 
in private companies as the state did not pro- 
vide any means of insurance. In 1908, how- 
ever, an old age pensions act, establishing a 
non-contributory system, was in reality an ex- 
tension of social insurance because the pensions 
were paid out of the proceeds of taxation and 
the burden thus widely distributed. Finally, 
in 1911, the National Insurance Act, to provide 
for insurance against loss of life, unemploy- 
ment and for other purposes, is a complete 
contributory scheme affecting a large part of 
the working population of Great Britain and 
requiring payment by employers and employees 
alike. 

Compensation and State Insurance in the 
United States. — In the United States, apart 
from the federal action relating to seaman in 
the early days of our history, we have had an 
important development of insurance of all 
kinds through voluntary and private methods 
and agencies. The increased need for provision 
for industrial accidents has led to stronger 
employers' liability laws, giving rise to more 
adequate provision for the insurance of em- 
ployees, and, in fourteen states, to an attempt 
to introduce workmen's compensation. All of 
these statutes are of very recent origin (Mary- 
land, 1902, to Arizona, 1912) and all but three 
are elective, that is, employers are not re- 
quired to accept the act but are subject to a 
greater liability under the employers' liability 
laws if they do not. In two states, Washing- 
ton and Ohio, insurance is made obligatory, 
while Massachusetts and several of the other 
states that have the elective plan have provided 
for optional state insurance. Every effort is 
made in these statutes to encourage insurance 
as a means of economically meeting the risks 
involved and assuring the largest possible bene- 
fits at the least cost to those who pay the 
premiums. Also every effort is made to en- 
courage foresight, prevention and safety de- 
vices, and to promote thrift. The prevailing 
spirit of American institutions is doubtless 
against compulsory insurance. That the work- 
man ought to save and make use of savings 
banks to provide a fund for emergencies and, 
by annuities, for the protection of his possible 
period of invalidity or old age, coincides with 
our strong individualism, but there is an in- 
creasing feeling that workingmen cannot al- 



189 



ways save from their meagre incomes under 
the pressure of an increasing standard of liv- 
ing which is desirable from the point of view 
of public policy, and that in anv event they 
will not make adequate provision. On the 
other hand, as experience in Germany shows, 
a compulsory plan on a meagre scale does reach 
the thriftless and those who would likely be 
a public burden, and does furnish an attractive, 
safe and economical plan for those who learn 
the first lessons of thrift and are encouraged to 
take out added protection not required by law. 

Constitutional Difficulties. — These make the 
introduction of workmen's compensation and 
compulsory insurance laws extremely difficult 
in American states. A very modest New York 
compensation act (1910), applicable only to 
extra-hazardous industries, was held, March, 
1911, unconstitutional by the court of appeals 
(Ives vs. South Buffalo Ry. Co., 201 N. Y. 171) 
as the taking of property without due process 
of law. The supreme court of Washington, 
however, has since held valid a compulsory laAv 
providing for state insurance in hazardous in- 
dustries, including work done under public 
authority (Act of October 1, 1911) and creat- 
ing an industrial insurance department of the 
state government (esc Rel. Davis-Smith Co. 
vs. Clausen, 65 Wash. 156 ) . The Ohio stat- 
ute of January 1, 1912, which was elective but 
provided for state insurance under a state lia- 
bility board of awards, was upheld by the su- 
preme court of Ohio (State vs. Creamer, 85 
Ohio State 349) but this act has been super- 
ceded by a new compulsory act, March 14, 1913, 
under the new constitution of Ohio. 

Federal Legislation. — Congress has passed a 
federal compensation act applicable to persons 
employed as artisans or laborers in certain 
government employments (Act of May 30, 
1908) which was extended, March 11, 1912, to 
apply to hazardous work under the Bureau of 
Mines or the forest service, and, also was made 
to cover the Isthmian Canal employees engaged 
in hazardous employment, Act of March 4, 
1911. These acts however, are generally con- 
sidered relatively inadequate and have estab- 
lised a standard lower than that in many 
states. Efforts are now being made to revise 
them. A federal scheme of complete social in- 
surance — sickness, accident, invalidity and old 
age — has been discussed for years and might 
be constitutionally established through the tax- 
ing power, but has not- yet reached the stage of 
practical consideration. 

See Insurance, Industrial; Insurance, 
Legal Basis and Regulation of; Pensions, 
Civil; Pensions for Teachers; Savings 
Bank Insurance; Unemployment. 

References: H. R. Seager, Social Insurance 
(1910) ; W. n. Dawson, Social Insurance in 
Germany, 1883-1911 (1912); U. S. Commis- 
sioner of Labor, "Workmen's Insurance and 
Benefit Funds in U. S." in 23d Annual Report, 
1908, "Workmen's Insurance and Compensa- 



INSURANCE COMMISSIONS— INSURANCE, LEGAL BASIS AND REGULATION OF 



tion System in Europe" in 24th Annual Report, 
1902; L. K. Frankel and M. M. Dawson, 
"Workingmen's Insurance in Europe" in Rus- 
sell Sage Foundation, Publications, 1910; N. Y. 
Employers' Liability Commission, Report 
(1910-1911); Mass. Commission on Compen- 
sation for Industrial Accidents, Report, 1912; 
Nat. Municipal League, Proceedings, 1909 (At- 
lantic City), 1910 (Chicago); A. S. C. Carr, 
W. H. S. Garnett and J. H. Taylor, National 
Insurance (1912). S. McC. Lindsay. 

INSURANCE COMMISSIONS AND COM- 
MISSIONERS. Insurance commissions and 
commissioners are appointed by the governor 
of a state for a period usually as long as the 
term of the governor. The appointment of such 
commissioner is often made for political serv- 
ice rendered or to be rendered. In the Ohio 
campaign of 1912 one of the candidates before 
the convention had, for his manager, his in- 
surance commissioner. A good salary is at- 
tached to this position. In the insurance de- 
partment there are usually a superintendent, 
deputy, actuaries, clerks, statisticians — in all 
employees to the number of twenty to forty. 
The duties of the department are largely 
clerical. A list of all companies doing in- 
surance business and a statement of the 
amount of business, securities, assets, losses 
paid, and other information, are published in 
the annual report of the commissioner. The 
office collects fees and taxes from the com- 
panies, and turns the amount collected into 
the state treasury. Companies from other 
states and foreign countries are very carefully 
administered and must pay for the privilege 
of transacting business in the state. The in- 
surance department makes its reports annually, 
usually a volume each on fire and marine, life, 
and fraternal insurance. See Boards, State 
Executive; Insurance, Legal Basis and 
Regulation of; State Departments, Heads 
of. References: Insurance Commissioners of 
the States, Annual Reports; F. J. Stimson, 
Law of the Federal and State Constitutions 
of the U. 8. (1908). T. N. H. 

INSURANCE COMPANIES, TAX ON. In- 
surance companies are taxed in a variety of 
ways, the most common being a tax on premi- 
um receipts. For example, in New Hampshire, 
New York, Pennsylvania, New Jersey, Illinois, 
Wisconsin, Kansas and Missouri the rate is 



two per cent upon the gross receipts of foreign 
insurance companies. In some states the tax 
is collected by state officials, and in others by 
local officials ; if by the former, the tax is 
frequently apportioned to the cities ; and often 
the city's share, where this system prevails, is 
devoted to the benefit of the fire department. 
See Corporations, Taxes on. D. R. D. 

INSURANCE, INDUSTRIAL. The term is 
used in a technical sense and should be differ- 
entiated from workmen's insurance {see) and 
other forms of social insurance. It differs 
from the ordinary level premium life insurance 
in four essential pionts: (1) the premiums are 
payable weekly; (2) they are collected by an 
agent who calls at the house instead of being 
payable at the office of the company; (3) the 
amounts of insurance are adjusted to a unit 
premium which the insured elects to pay — thus 
he buys whatever amount of insurance he can 
get for five cents per week premium or multiple 
thereof; (4) every member of the family can 
be, and often is, insured for a small premium. 

The term industrial was applied to such in- 
surance by the first company which developed 
the system in England in 1849 known as the 
"Industrial and General"; and popularly, be- 
cause it is a form of insurance that seems to 
meet the needs of the working classes. It be- 
gan as a form of burial insurance and its chief 
purpose has been to secure a decent burial for 
each individual in the family. Grave charges 
have been made that this insurance encourages 
extravagant funerals, also that the insurance 
of young children has led to their sacrifice for 
the insurance money. Such charges are vigor- 
ously denied by the big insurance companies 
and numerous governmental investigations in 
England and this country have not sustained 
them. There is some basis for assuming that 
this is an expensive and not wholly advisable 
form of saving. A New York statute (1910 
ch. 634) restricts the amounts of insurance 
that may be written upon the life of another 
person without his consent. 

See Fraternal Insurance; Insurance and 
Social Welfare; Insurance, Legal Basis 
and Regulation of. 

References: F. L. Hoffman, Hist, of 
Prudential Life Insurance Co. of America 
( 1900 ) , Life Insurance of Children ( 1903 ) ; 
A. C, Campbell, Insurance and Crime (1902). 

S. McC. L. 



INSURANCE, LEGAL BASIS AND REGULATION OF 



Legal Basis of Regulation. — In a long series 
of decisions, beginning in 1868 with the case 
of Paul vs. Virginia, the Supreme Court of 
the United States has repeatedly refused to 
recognize insurance as commerce, and has there- 
fore held that the Federal Government has no 



authority to supervise the business, and 
"that there is no doubt of the power of the 
state [using that term as contrasted with the 
Federal Government] to prohibit foreign in- 
surance companies from doing business within 
its limits. 



190 



INSURANCE, LEGAL BASIS AND REGULATION OF 



"The state can impose such conditions as it 
pleases upon the doing of any business by these 
companies within its borders, and unless con- 
ditions be complied with the prohibition may 
be absolute." Even as regards alien insurance 
companies, the executive of the United States 
will not entertain complaints of unjust dis- 
crimination by the several states, and such 
companies must seek admission specifically to 
each state in which they may wish to operate. 
In addition to the full supervisory powers 
of the state over the insurance business, the 
various local governments usually exercise a 
limited number of functions such as the en- 
forcement of building codes or ordinances de- 
signed to promote fire prevention, and the im- 
position of taxes and license fees for general 
revenue purposes, or for the maintenance of 
inspection services or the support of fire de- 
partments. 

Duties of Insurance Commissioners. — The 
courts of the several states vitally affect the 
insurance business through their interpretation 
of the laws and the companies' policy contracts 
and clauses; but in nearly all the most progres- 
sive states, supervisory control over in- 
surance companies of all kinds is exercised by 
a special official designated as the superintend- 
ent or commissioner of insurance, in nearly all 
cases appointed by the Governor. In exer- 
cising such control over the business of 
the companies he is vested with extraordinary 
discretionary powers. Not only must he en- 
force the insurance statutes in their applica- 
tion to all companies (and as regards probably 
no business is there such a mass of legislation) , 
but it is his duty to apply some fixed standard 
of solvency for each company. All non-resident 
companies must secure his permission before 
transacting business in the state, and all their 
agents must have his certificate of authority. 
Brokers must be licensed by him, and all com- 
panies must annually render a financial report 
in the form and manner prescribed. He may 
require statements from the officers or agents 
of the company at any time and on any matter, 
and may demand free access to all books and 
papers of any company or agent transacting 
business in the state. Any persons connected 
with the company may be examined by him 
under oath and for probable cause he may visit 
the home office of the company for the purpose 
of examining its affairs. Neglect or refusal in 
any of the foregoing matters usually subjects 
the company to heavy fines or to a supension 
of its right to transact business in the state. 
The latter penalty may be applied whenever 
the assets of the company appear to the in- 
surance commissioner to be insufficient; or if in 
his judgment it has violated the insurance laws 
of the state; or if it has failed to comply with 
his requirements for information. 

Scope of State Insurance Legislation. — The 
insurance laws of the country show an aston- 
ishing absence of uniformity or method among 



the several states. The more important pro- 
visions are the following: 

(1) Enactments relating to organization of 
companies, from the time the articles of agree- 
ment are arranged until the company is au- 
thorized to assume risks; this includes regu- 
lation of the payment of dividends; conversion 
of mutual companies into stock companies; 
filing of reports, making of deposits of ap- 
proved securities with the state, and the in- 
vestment of the assets. 

(2) The so-called reserve laws which define 
the standard of solvency and vary according to 
the type of insurance. 

(3) Statutes regulating the types of con- 
tracts and endorsements used. Over one-third 
of the states have adopted a "standard fire 
policy" by statute; and in recent years the 
more advanced states have undertaken to 
standardize contracts and endorsements also 
in the life and accident insurance business. 
Many states, while not establishing the policy 
by statute, prescribe features which must be 
included in or omitted from the contract. 

(4) Laws relating to the licensing and su- 
pervision of agents and brokers, including the 
prohibition or regulation of certain practices 
such as rebating; making of estimates; and 
the manner of advertising. 

(5) Taxes imposed on the companies' funds, 
license fees, agency fees, fees for filing papers, 
charters, etc. In some states the insurance 
department has developed into little more than 
a tax and fee gathering agency. 

(6) Definition of the procedure in case of 
litigation. 

(7) Regulation of the expenses of com- 
panies, especially in the field of life insurance. 

(8) Special laws, among the chief of which 
may be mentioned valued policy laws; anti- 
compact laws ; anti-coinsurance laws ; state fire 
marshal laws; retaliatory laws of various 
kinds; and laws governing the manner of 
conducting the election of directors. 

State Control of Rates. — During the last few 
years, owing largely to the widespread belief 
that fire insurance rates are too high and often 
arbitrary and discriminatory in character, the 
subject of state made rates has assumed great 
importance. Two legislative commissions, 
namely those of Illinois and New York, report- 
ed exhaustively on the subject in 1911. In 
1930 and 1911 Kansas, Texas, and Louisiana 
passed laws giving power to certain state au- 
thorities either directly or finally to fix the 
rates that fire companies may charge. In other 
states legislation is suggested which will give 
property owners the right to appeal to state 
authorities where it is felt that rates are too 
high or discriminatory in their application. 
In a number of other states a determined move- 
ment is also on foot to abolish fire underwrit- 
ers' associations by statute or court decision, 
and thus prevent the companies from combin- 
ing in rating associations. 



191 



INSURANCE, SAVINGS BANK— INSURGENCY IN INTERNATIONAL LAW 



The question of state control of rates of 
the insurance business led in the years 1910 
and 1911, to epoch making cases relating to 
the constitutionality of the states' function. 



See Fibe Departments; Fire Protection; 
Fraternal Insurance; Insurance and So- 
cial Welfare; Insurance Commission and 
Commissioners. 



INCOME AND PAYMENTS TO POLICY HOLDERS OP INSURANCE COMPANIES, 1890—1910 





1890 


1900 


*1905 i 


*1910 


Life Insurance 


$196,938,069 
90,007,819 

157,857,983 s 
80,768,012 

9,758,413 
2,933,306 


$400,603,257 
168,687,601 

198,312,577 
116,753,281 

30,347,507 
12,754,837 


$642,058,530 
264,968,883 

296.562,588 
140,825,191 

63,190,680 
21,646,844 


$781,011,249 
387,302,073 

384,322,078 
189,510,882 

111,041,748 

41,465,472 


Total payments to policy holders 

Fire and Marine Insurance 


Total payments to policy holders 

Casuality and Miscellaneous Insurance 

Total income 

Total payments to policy holders 



♦Years 1905 and 1910 include records of Lloyd's and inter-insurance associations. 



In the suit of the American Surety Com- 
pany of New York against the state of Ne- 
braska (Judge Thomas C. Hunger of the 
United States district court rendering the de- 
cision) the Nebraska law of 1909 fixing the 
rates of surety companies was declared uncon- 
stitutional on the ground, to quote the de- 
cision, that: 

The surety business is in no way a monopoly, for 
individuals and partnerships are free to furnish 
such bonds in competition with them and to make 
any charge or no charge for assuming such risks. 
. . . The public interest in the business of such 
companies is no different from its interest in the 
business of any large mercantile or manufacturing 
company, whose capital, experience and facilities 
may enable it to have a widely extended patronage, 
. . . If the state may fix the amount of com- 
pensation for which an insurer may lawfully con- 
tract for furnishing such insurance, the state may 
dictate the price for which all other commodities 
shall be sold, including the price which may be 
paid for labor. This cannot be done. The Four- 
teenth Amendment to the Constitution protects the 
right of those engaged in purely private business 
to fix the price at which they will sell theii 
services or commodities. 

It was generally felt (as by the Illinois Com- 
mission) that the same principles must be 
applicable to fire insurance rates. More recent- 
ly, the Federal Supreme Court in the case of 
the German Alliance Insurance Company vs. 
Hale, put a different construction on a law 
passed in Alabama, according to which the 
property owner was permitted to recover an 
extra 25 per cent of the amount of the loss if 
it appeared that the company in which he car- 
ried insurance belonged to, was a part of, or in 
any way connected with, any insurance tariff 
association. In passing on the constitutional- 
ity of this law, the United States Supreme 
Court took the position that the law does not 
infringe on the Constitution nor deprive the 
insurance company of any rights granted there- 
by. The state was held to have the power to 
impose any restrictions upon insurance com- 
panies that it chose prior to permitting them 
to transact business within the state. Follow- 
ing this decision the United States district 
court, at Topeka, rendered a decision in 1911 
declaring the KansaB Rating Law of 1909 con- 
stitutional. 



References: S. H. Wolfe, "State Supervision 
of Insurance Companies" in Am. Acad, of Pol. 
and Soc. Sci., Annals, Sept., 1905; S. S. Hueb- 
ner, "Federal Supervision and Regulation of 
Insurance" in ibid, Nov., 1905, State Super- 
vision and Regulation of Fire Insurance Com- 
panies (Address, Feb. 19, 1906) ; Illinois In- 
surance Commission, Report, Jan. 4, 1911; 
Senate and Assembly of New York, Report of 
Joint Committee on the Fire Insurance Busi- 
ness, Feb. 1, 1911; Am. Year Book, 1910, 
346, 359, ibid, 1911, 320-323, ibid, 1912, 353- 
363. Principal cases are: Paul vs. Virginia, 
8 Wall. 168 (1868); Liverpool Ins. Co. vs. 
Mass., 10 Wall, 566 (1870); Hooper vs. Cali- 
fornia, 155 U. S. 648 (1894); New York Life 
Ins. Co. vs. Cravens, 178 U. S. 389 (1899); 
Nutting vs. Mass., 183 U. S. 533 (1901). 

S. S. HUEBNEB. 



INSURANCE, SAVINGS BANK. 
ings Bank Insurance. 



See Sav- 



INSURGENCY IN INTERNATIONAL LAW. 

From time to time there have arisen conditions 
in which, while hostilities existed within a 
state, the circumstances were such that the 
state did not wish to recognize the existence of 
war; and outside states were also unwilling to 
recognize the belligerency of the party fighting 
against the state. The Supreme Court of the 
United States has taken cognizance of "the dis- 
tinction between recognition of belligerency 
and recognition of a condition of political re- 
volt, between recognition of war in a material 
sense and war in a legal sense . . . the 
political department has not recognized the ex- 
istence of a de facto belligerent power engaged 
in hostility with Spain, but has recognized the 
existence of insurrectionary warfare" [Three 
Friends (1906) 166 U. S. 1]. 

The status of insurgents is not completely 
defined, but practice seems to show that in the 
time of an insurrection both parties must con- 
duct the hostilities with regard to the rules 
of civilized warfare and that citizens of foreign 
states are not liable to the treatment to 



192 



INSURGENTS IN CONGRESS 



which they would be liable if belligerency had 
been recognized. "The admission of insurgency 
does not place the foreign state under new in- 
ternational obligations, as would the recogni- 
tion of belligerency, though it may make the 
execution of its domestic laws more burden- 
some." See Belligerency; Blockade Procla- 
mation; Confederate States; Filibusters 
to Aid Insurrection; Insurrections; Recog- 
nition or New States. Reference: G. G. 
Wilson, Int. Law (1910), 48. G. G. W. 

INSURGENTS IN CONGRESS. The "in- 
surgents" is the name first given during the 
Sixtieth Congress (1907-09) to a minority of 
the Republican members. "Insurgency" con- 
sisted in the refusal to support the official 
policy of the party as regularly defined by the 
party caucuses. It took the form of desertion 
of the regular party leaders and of opposition 
to the official party measures, and incidentally 
resulted in a reform of the organization of the 
House and of its rules of procedure {see Rules 
of Congress ) . The basis of insurgency was 
dissatisfaction on the part of an important 
section of the Republican party in the country 
with the regular party leadership in Congress. 
The chief source of dissatisfaction was the in- 
terpretation placed by the leaders upon the 
tariff plank of the Republican platform of 1908. 
Others were revealed in the debate on the plat- 
form in the Republican national convention of 
that year, when proposals that the party should 
pledge itself to provide for publicity of cam- 
paign contributions, for physical valuation of 
railroads, and for popular election of United 
States Senators were rejected. These proposals, 
together with the demand for a material re- 
duction of the tariff, fairly indicate the nature 
of the differences between the Insurgents and 
the regular Republicans. 

In the Sixty-first Congress (1909-11) the 
insurgents were substantially represented in 
both House and Senate. They opposed the 
Payne-Aldrich Tariff Act, enacted at the special 
session of 1909, and advocated the appointment 
of a tariff commission by Congress. They also 
generally opposed Canadian reciprocity, but 
voted for the campaign publicity act of 1910 
and supported the direct election of United 
States Senators. They opposed the adminis- 
tration's railroad rate bill and forced the en- 
actment of the more radical railroad regulation 
act of 1910. In the Sixty-second Congress 
(1911-13) the insurgents held their own in the 
House and secured the balance of power in 
the Senate between the regular Republicans and 
the Democrats. They again opposed Canadian 
reciprocity at the special session of 1911, but 
without success. They supported the farmers' 
free list, woolen and cotton bills, voting with 
the Democrats to pass all these measures over 
President Taft's veto, but this they failed to 
do. They also vainly advocated statehood for 
Arizona with the recall of judges. They voted 



for the campaign publicity act of 1911, and 
again supported, without success, the direct 
election of Senators. 

The insurgents in Congress are of interest 
to the student of government because of their 
attack upon the organization and rules of pro- 
cedure of the House of Representatives. The 
main objects of attack were the speakership 
and the committee on rules. The Speaker, 
under the then existing rules, possessed a large 
discretionary authority {see Speaker), and 
was charged with the abuse of his authority 
for the exclusive benefit of the regular ma- 
jority of the Republican party, and contrary 
to the interests of the insurgent minority. The 
committee on rules shared with the Speaker 
the control of the party organization in Con- 
gress {see Rule, Bringing in a), and also 
represented exclusively the majority faction of 
the party. The insurgents, therefore, proposed 
two fundamental changes in the organization 
of the House : ( 1 ) the removal of the Speaker 
from the committee on rules; (2) the reor- 
ganization of the committee on rules on a more 
representative basis. 

The first attempt to reform the rules was 
made March 15, 1909, in conjunction with the 
Democrats, and failed through the defection of 
the Tammany Democrats. The second attempt 
was made just a year later, and succeeded. 
The Speaker was removed from the committee 
on rules, and the latter was doubled in size. 
The result was the choice of the six Republican 
members by a majority vote in the Republican 
caucus, and of the four Democratic members 
by a similar vote in the Democratic caucus. 
There was no representative of minorities with- 
in the ranks of a single party. The speaker- 
ship was stripped of a portion of its power, 
but the two-party system of government was 
maintained in all its traditional vigor. By 
the elections to the Sixty-second Congress, the 
Democrats gained control of the House of 
Representatives and proceeded to complete the 
insurgent program for the reform of the House. 
They entrusted the appointment of standing 
committees (which meant in practice the selec- 
tion of the Democratic members only) to the 
committee on ways and means, the Democratic 
members of which were selected in advance of 
the opening of the new Congress by a special 
caucus of all Democratic members-elect. The 
regular Republicans, however, still controlled 
the Republican party caucus and entrusted the 
selection of the Republican members of the 
standing committees to their defeated candidate 
for the speakership, who became the official 
party leader. 

See Cannon, Joseph G.; Cannonism; Pro- 
gressive Party; Progressives; Republican 
Party; Rules of Congress; Speaker of the 
House. 

References: Am. Year Booh, 1910, 47-50, 
1911, 68-71, and year by year. 

A. N. Holcombe. 



193 



INSURRECTIONS, HISTORY OF 



INSURRECTIONS, HISTORY OF 



Early Colonial. — The causes of the first pe- 
riod of insurrections — tumults of settlement 
(1645-1719) — were the novelty and weakness 
of the colonial governments, especially of the 
proprietaries; the disturbances in England, 
particularly in their religious phase; the navi- 
gation laws; and tyrannical acts of govern- 
ment, or such acts as the economic condition of 
the colonies, or their resentment over new re- 
strictions, gave excuse for considering as tyran- 
nous. Underlying these, the sparseness and 
the character of the colonial population, with 
the hardships, economic disappointments, and 
burdens laid without reference to the unde- 
veloped condition of the settlements, made the 
field a fruitful one for insurrectionary move- 
ments and gave excellent opportunity to the 
men who, for demagogic or legitimate reasons, 
inspired the risings. 

In Maryland a series of five insurrections, or 
attempts, between 1645 and 1689 were the out- 
growth of conditions in England, and their 
basis lay in the opposition of the Protestant 
major population to the Roman Catholic pro- 
prietary. In New Jersey economic causes were 
prominent in quit-rent tumults in 1672 and in 
the overthrow of Governor Basse in 1699. 
In the proprietary government of the Caro- 
linas matters were very favorable for the rise 
of adventurers both as rulers and as insur- 
gents; and there a combination of economic 
and religious conditions gave opportunity for 
several revolts between 1677 and 1719, and 
in the latter year led to the overthrow of the 
proprietary government in South Carolina. 

The greatest insurrection of this period was 
Bacon's rebellion of 1676 in Virginia. The 
discontent due to the low price of tobacco, the 
unchecked Indian depredations; and the abuses 
of government under Governor Berkeley, found 
a real or a nominal leader in Nathaniel Bacon; 
and a force raised against the Indians but 
turned upon the governor gave the means for 
beginning the revolt. Bacon died and the 
movement was put down; but Berkeley was 
removed and other reforms followed. The eco- 
nomic condition, however, was not improved. 
This was blamed on the navigation acts, and 
the disturbance was in one respect a protest of 
the frontier against the indifference of the low- 
er settlements; so that the contest is doubly 
linked to the tumults of the second period. 

The Gove insurrection in New Hampshire in 
1679 was a forerunner of the overthrow of 
Andros at Boston in 1689. The contrast is 
marked between this Boston affair and the con- 
temporary Leisler's rebellion in New York and 
Coode's insurrection in Maryland, though all 
were echoes of the revolution in England. The 
first was a popular and successful movement 



by the leaders of the colony to regain their 
privileges of self-rule. Leister was placed by 
accidental circumstances at the head of an 
excited populace fearful of popish plots and 
French invasions; he had powerful opponents 
who, aided by his own rashness, accomplished 
his overthrow. Coode was merely an agitator 
who through the chance omission to proclaim 
William was able to accomplish the undeserved 
destruction of Baltimore's government. 

The Second Period.— The second period of in- 
insurrections (1765-1809) was connected with 
the first by a series of boundary and manorial 
riots and some protests against the policy of 
England. The phase which involved resistance 
to the laws of the home government (see Revo- 
lution) had with the conflicts due to local 
conditions, a common origin in the earlier peri- 
od of contentions and a common basis of insis- 
tence upon self-government, but little imme- 
diate connection. The boundary riots were a 
step toward the misunderstandings between the 
coast and the interior which in the second 
period took the place of the antagonism be- 
tween the rights of the proprietaries and the 
settlers, and continued the strife between vested 
interests and individual rights, between legal 
power and democratic self-government. The 
War of the Regulation is illustrative of this. 
The inhabitants of the back country rose as in 
a revolt of peasants against the injustice of 
taxation based upon poll only, augmented by 
the lack of money with which to pay taxes, by 
illegal fees and other exactions, collusion of 
officials with those who profited by the sale of 
property under restraint, secret and irregular 
expenditure of local funds, and the hardship 
of attending a distant court. In 1768 the 
westerners resorted to a concerted effort to 
secure redress. This was the beginning of the 
Regulation proper. Three years of contention 
ended when Governor Tryon with 1000 militia 
defeated an unorganized mass of Regulators at 
the battle of Alamance on May 16, 1771. Many 
of the insurgents passed over to Tennessee 
where, later, they assisted in another resistance 
to the legal authority of North Carolina. This, 
with the troubled career of the self-constituted 
State of Franklin {see), and the tumults of 
the New Hampshire Grants (see), exhibited 
another aspect of the contest. 

The post-Revolutionary attempts to force the 
issue of paper money, and their attendant re- 
sistance to tax collection, formed a widespread 
movement which culminated in the Shay's re- 
bellion (see). These agitations were the re- 
sult not only of economic conditions following 
the Revolution, but also of the teachings of that 
struggle, and in them the geographical cleavage 
was also often evident. In southwestern Penn- 



194 



INSURRECTIONS, SUPPRESSION OF 



sylvania many of the settlers were from Vir- 
ginia and nowise in sympathy with the govern- 
ment of the state. Here the state excise, 
especially during 1786, was the chief cause of 
contention, and the facts that most of the 
whiskey was distilled in the West and that the 
neighboring states did not levy an excise, made 
the sectional phase an acute one. The Whiskey 
insurrection (see) was but a development of 
this earlier spirit of resistance. The Fries' 
rebellion (see) is of importance only as illus- 
trating the political excitement of the time. 

So far the troubles of this period have been 
risings of the interior against the coast, of the 
Anti-federalistic and democratic elements 
against the Federalistic principles, but in the 
attempts to nullify the embargo conditions 
were reversed. These contests were much like 
those against the navigation laws, the state, 
of public opinion and open assistance in the 
violation making it evident that the purpose 
was not merely private gain. 

Middle Period. — After the frontier had 
cleared the Appalachians, and federal direct 
taxation and excise had ceased, economic causes 
for insurrections disappeared; for the indus- 
trial conditions became homologous within each 
state except in the South, where no distur- 
bances occurred. Two anti-democratic survivals 
caused trouble, however. In Rhode Island suf- 
frage limitations led to the Dorr rebellion 
(see), and the continuance of feudal tenure on 
the great estates of eastern New York was the 
cause of tumults between 3 839 and 1845. The 
characteristic insurrectionary movements be- 
tween the War of 1812 and the Civil War were 
of social origin, the slavery question being 
chiefly responsible for them. Various servile 
insurrections, or attempts, occurred in colonial 
times;, and the Gabriel insurrection in Vir- 
ginia in 1800, and that led by Denmark Vesey 
in South Carolina in 1822, though both were 
foiled, displayed elaborate planning, led to the 
execution of many negroes, and caused much de- 
bate as to the outside influences to which they 
might be ascribed. But it was the Nat Turner 
insurrection of 1831 (see Turner) which awak- 
ened the fullest realization of the dangers lurk- 
ing in a servile population, and caused, 
through its influence on southern legislation 
and southern opinion of the abolitionists, such 
an effect upon American history that it is one 
of the most important of the uprisings 
John Brown's raid at Harper's Ferry in 1859 



(see Brown) was an insurrection in behalf of 
slaves rather than one by them. Most of the 
efforts to nullify the fugitive slave law by for- 
cible rescues occurred after the passage of the 
act of 1850 (see Fugitive Slaves). The nine 
or more prominent cases were characterized by 
elements which made the participants public 
enemies and not mere rioters. A third appeal 
to force due to the slavery controversy was 
the Kansas struggle ( see ) . 

The Mormon war of 1857 and 1858 was due 
to unique social conditions. The Mormon 
hierarchy intended to rule in Utah without ref- 
erence to the limitations of a territorial gov- 
ernment, and the public mind, inflamed by the 
slavery contest, could not be tolerant of any 
other "peculiar institution;" so a federal force 
of 2,500 men was sent across the plains to seat 
the new governor. Defiant at first, the Mor- 
mons finally submitted and the governor was 
installed without opposition. 

During the Civil War there were minor dis- 
turbances due to the enrolment, and draft 
riots occurred (see), but the great riot in 
New York, in spite of its size, possessed none 
of the elements of an insurrection. The con- 
spiracies of the Knights of the Golden Circle 
(see) were intended to result in an insurrec- 
tion, but the plans never culminated. 

Recent Period. — Since the war, much of the 
opposition in the South during the Reconstruc- 
tion period (see), especially in such events as 
the rising at New Orleans in 1875, was funda- 
mentally insurrectionary. In the case of the 
great strikes we have a renewal of economic 
strife, but, as the distinction is one of class 
rather than of section, the insurrectionary in- 
tent is not so evident. 

See Invasion; Order, Maintenance of; 
Riots, Suppression of. 

References: C. M. Andrews, Colonial Self- 
Government (1904), chs. xiv, xvii; S. A. Ashe, 
North Carolina (1904), I chs. x, xi, xiii, xiv; 
E. McCrady, South Carolina (1901), I, chs. 
xxviii-xxx; W. H. Whitmore, Andros Tracts 
(1868); E. B. O'Callaghan, Doc. Hist, of N. 
Y. (1849), II, 1-438; B. C. Steiner, "Protes- 
tant Revolution in Md." in Am. Hist. Assoc, 
Report, 1897, 281-353; J. S. Bassett, "Regu- 
lators of N. C." in ibid, 1904, 141-212; E. 
P. Cheyney, Anti-rent Agitation in N. T. 
( 1887 ) ; T. W. Higginson, Travelers and Out- 
law (1889), 185-336; W. A. Linn, Mormons 
(1902), 458-516. D. M. Matteson. 



INSURRECTIONS, SUPPRESSION OF 



Nature of Insurrection. — The existence of 
government ultimately depends upon the ability 
of the authorities to protect their normal and 
lawful operations from violent resistance or 
opposition. The milder forms of public pro- 
tection and maintenance of order are met by 



195 



the action of the courts, either through crimi- 
nal suits or contempt (see) proceedings, or in 
some cases by injunction (see Government by 
Injunction). Tumultuous disorders usually 
can be met by the law of riot and rioto ~s 
assemblages. Insurrection may begin in dis- 



INSURRECTIONS, SUPPRESSION OF 



turbances like those of riots, and may not 
involve a longer or more determined resistance 
than a riot; but insurrection differs from ordi- 
nary offenses against good order both in its 
nature and in the ultimate remedy. The of- 
fense is not simply damage to property, or 
destruction of life, or aggravated disobedience 
to the lawful orders of constituted authorities : 
insurrection is an attack upon the government 
itself, an attempt for the time being to put 
an end to legal authority, with or without the 
ultimate purpose of subverting the government 
altogether, which may amount to rebellion 
(see). Hence the remedy for insurrection is 
not simply the arrest of violent men, nor the 
dispersal of a riotous assemblage, but the de- 
struction of organized resistance and a dis- 
persal of all bodies of persons connected with 
the disorder, even though at the moment they 
are not committing riotous acts. 

Legal Penalties for Insurrection. — Within 
the United States, insurrections may be direct- 
ed against territorial, state or national govern- 
ments: resistance to city or other local au- 
thorities is simply resistance against the state; 
and by the time the movement assumes the 
character of an insurrection, it is commonly 
quite beyond the power of the local peace of- 
ficers. Warrants may be issued for the arrest 
of the disturbers; and insurrection against the 
state may amount to treason. Only in the case 
of John Brown in Virginia in 1859 has any 
person ever been convicted and executed for 
treason to a state. If the violence is directed 
against the Federal Government it may amount 
to treason against the United States, and in 
1794 in the Mitchell and Vigol cases, in 1798 
in the Fries case, in 1807 in the Burr case, in 
1808 in cases arising out of the Embargo, 
during the War of 1812, and other cases, and 
in a few cases during the Civil War men were 
convicted of treason. 

No executions followed in any of these cases. 
In practice, treason trials are an aftermath 
rather than a deterrent of insurrection; for 
in some instance the insurrection goes to the 
extent of breaking up the operation of the 
court. 

Insurrection against a State. — The American 
colonies were very familiar with riotous out- 
breaks, such as the Press Gang riot in Boston 
1747, but except in the Revolution of 1688, and 
the Regulator troubles in North Carolina in 
1770, no efforts were made to subvert the gov- 
ernment. During the Confederation, however, 
insurrections intended to break up the existing 
governments occurred in Vermont, Western 
Pennsylvania, and in Massachusetts where the 
Shays' rebellion of 1787 was put down only 
by a little state army. Since that time, except 
during the disturbed reconstruction period, 
there has been little formal resistance to the 
working of state governments except in the 
anti-rent (see) troubles in New York in the 
'40's and the Dorr rebellion (see) of 1842, 



Either by constitutional provision or under 
the common law, governors have the right to 
call out the state forces to suppress an in- 
surrection. In recent years such calls have 
been issued generally because of labor strikes 
which spread into an organized resistance to 
the officers of the law. Except in Pennsylvania 
(see Constabulaey, State) the only available 
military forces are the state militia, made up 
chiefly of men who have other regular employ- 
ments and who sometimes sympathize with the 
insurgents. Governors may also, and occa- 
sionally do, proclaim martial law in a dis- 
turbed region; and legislatures occasionally 
suspend the habeas corpus, so as to enable the 
governor to make arrests without immediate 
proof of guilt. 

In the eyes of the Federal Government in 
1861, the secession governments of the southern 
states were nothing but evidences of an insur- 
rectionary, or rebellious subversion of the legal 
governments of the seceding states. 'In Vir- 
ginia, the Federal Government throughout the 
war maintained a fiction that there was a loyal 
state government of Virginia, centered either 
at Wheeling or Alexandria. In Kentucky and 
Missouri, there were, at times, both a union 
and a secession legislature, one of which must 
have been under any theory insurrectionary. 
During reconstruction, there were rival govern- 
ments in several states, particularly Arkansas 
and Louisiana. The radical government of 
Louisiana was, in 1874, temporarily overthrown 
by an armed movement which must be con- 
sidered an insurrection. 

Federal Aid in State Insurrections. — The 
dangerous insurrections of 1786 and 1787 led 
the federal convention to provide that the state 
should have the right to apply to the Federal 
Government for aid against domestic violence, 
and Congress has power to provide for calling 
forth the militia to suppress insurrections. In 
addition the United States guarantees (Art. 
IV, Sec. iv) to every state a republican form 
of government (see). Under these clauses, 
governors of states (more rarely legislatures) 
have, on numerous occasions, called upon the 
President to give federal aid, which may be 
done either by calling militia from other states 
or by sending troops or sailors. Such forces 
are not placed under the command of the gover- 
nor, but remain under federal officers acting 
under orders from the President or inspired by 
the President. In almost all cases the forces 
actually employed are troops of the regular 
army who have no local relations with the 
scene of conflict and will obey orders to fire, 
and if necessary to fire low. No serious resis- 
tance continues in the face of such a command, 
although the soldiers may have to do police 
duty for a time. 

Federal Interposition. — Under the clause 
guaranteeing a republican form of government 
military forces may be called out at the dis- 
cretion of the President, if an insurrection 



196 



INTENDANT— INTERCOURSE OF STATES 



seems to threaten the existence of the state 
government. In practice the only instances of 
such a use of troops were during the recon- 
struction epoch where Republican state govern- 
ments were threatened by rival Democratic 
state governments. The President has, how- 
ever another kind of authority to use troops 
to suppress insurrections, viz., when the insur- 
rection is against the United States Govern- 
ment. Congress provided by statute of 1792, 
modified in 1795, 1807 and 1833, for the method 
of calling out militia for this or other pur- 
poses- In 1794, the so-called Whiskey insurrec- 
tion (see) was put down by militia called by 
the President of the United States without the 
request and contrary to the desire of the gover- 
nor of Pennsylvania. In 1807, the President is- 
sued a proclamation against the Burr insurrec- 
tion and caused Burr's arrest and trial for 
treason. 

In 1833, President Jackson made preparation 
to send troops to Charleston if nullification 
came to a head; and secured from Congress the 
so-called Force Bill enlarging the authority of 
the President to call out the militia in such 
cases. In 1858 a force of federal troops was 
sent out to Utah to maintain order and execute 
the laws. In 1861, militia was summoned from 
all but the seven states that had then seceded, 
with the purpose of putting down what was 
rather a rebellion than an insurrection. 

In 1894, troops were summoned by President 
Cleveland contrary to the express desire of the 
governor of Illinois, to act in the violent rail- 
road strike then going on. Here an insurrec- 
tion could not be said to exist, but the Presi- 
dent relied upon his authority to call out forces 
"to execute the laws of the Union." Since that 
time it has been widely accepted that the 
President may use troops to prevent interfer- 
ence with the mails or with interstate com- 
merce. The federal courts attempted to 
reach the difficulty in another way by issu- 
ing injunctions against acts of violence and 
subsequently punishing for contempt of court 
those engaged in such acts of violence. From 
1899 to about 1902, the resistance of the na- 
tives of the Philippine Islands to the new 
government was held to be insurrection against 
the United States and was put down by a use 
of military force; practically there was civil 
war. 

See Interstate Law and Relations; 
Lynching; Mobs and Mob Rule; Nullifica- 
tion Controversy; President, Authority and 
Influence of; Rebellion; Riots, Suppres- 
sion of; Secession Controversy; State Sov- 
ereignty; Whiskey Insurrection. 

References: "Federal Aid in Domestic Dis- 
turbances" in Sen. Docs., 57 Cong., 2 Sess., No. 
209 (1903) ; A. B. Hart, Actual Government 
(rev. ed., 1908), §§ 250-253, National Ideals 
Historically Traced (1907), ch. xviii; J. N. 
Pomeroy, Constitutional Law (1888), §§ 662- 
668; C, D. Wright, Report on, the Chicago 



Strike (1894); F. J. Goodnow, Comparative 
Administrative Law (1902), §§ 119-129; J. I. 
C. Hare, Constitutional Law (1889) ; W. H. 
Dunbar, "Government by Injunction" in Am. 
Economic Assoc, Economic Studies, III (1898), 
No. 7; U. S. Industrial Commission, Reports 
( 1900-1902 ) , IV. Albert Bushnell Hart. 

INTENDANT. An official agent of the 
Crown in France before the Revolution; found 
also in the French colonies in America. In Ala- 
bama, the chief officer of incorporated towns 
is called an intendant. See County Govern- 
ment. References: J. A. Fairlie, IjocoI Gov't. 
in Counties, Towns and Villages (1906), 209. 

J. A. F. 

INTERCOURSE OF STATES. The right of 
intercourse may include the right of legation, 
which involves the sending and receiving diplo- 
matic representatives; the right of commercial 
and other intercommunication involved in the 
consular functions; rights in regard to proper- 
ty and persons in a foreign state; the entrance 
of public ships. The right of intercourse usu- 
ally refers particularly to maintenance of dip- 
lomatic relations — relations, which before the 
fifteenth century were not regarded with favor. 
Abstract theories that the earth belonged to 
all men, and that all men were free to go to 
any part as they willed, that a state was 
obliged to admit within its borders all who 
might apply, and similar generalities which 
have not been embodied in the practice of the 
most liberal states, were regarded as in some 
way sanctioning the contention that a state 
must receive a diplomatic representative from 
another state. In practice, diplomatic inter- 
course is not a right, the grant of which can 
be demanded, but when once granted it may 
be a serious breach of international obligations 
to refuse to receive a diplomatic representa- 
tive. 

A state may decline to receive a particular 
person as a diplomatic representative on the 
ground that he is not personally acceptable — ■ 
persona non grata. This is not a discourtesy 
to the sending state, as both sending and receiv- 
ing states should desire to have the person to 
whom their international business is entrusted 
a person whose presence would be acceptable; 
and certain persons, because of previous action, 
writings, religious or other sentiments, may 
be ill qualified to perform diplomatic functions 
at a certain post. It might savor of discourtesy 
for the United States to send to a state, as 
diplomatic representative, a man who had 
publicly expressed views derogatory to the ruler 
to whom he was sent; or a naturalized citizen 
who had previously been a revolutionary leader 
in the state to which he was sent. The refusal 
to receive such a person is not a denial of the 
right of intercourse. To avoid the possibility 
of the refusal of a persona non grata it is now 
customary for states before naming a repre- 



197 



INTEREST ON PUBLIC DEBT— INTERIOR, DEPARTMENT OF 



sentative for an important permanent mission 
to inquire whether he is personally acceptable. 
The diplomatic intercourse of states has now 
become one of the most fruitful means of ad- 
vancement of civilization. 

See Diplomacy and Diplomatic Usage; 
Diplomatic Corbespondence ; International 
Congresses and Conferences; States, Equal- 
ity of. 

References: J. W. Foster, Practice of Diplo* 
macy { 1906 ) , 36 ; Wilson and Tucker, Int. haw 
(5th ed., 1910), 159-168. 

George G. Wilson. 



INTEREST ON PUBLIC DEBT. 

Public, Interest on. 



See Debt, 



INTERESTS. A term probably first used 
with its present derogatory signification by 
David Graham Phillips in his "Treason of the 
Senate" which appeared in the Cosmopolitan in 
1906. With the enormous development of 
corporations within the last two decades the 
term interests came to be applied to business 
or financial organizations grouped under a com- 
mon management. In short, the term denotes 
the great financial combines which control 
American business, finance, commerce and in- 
dustry; and in its derogatory sense it implies 
the exercise by such financial organizations of 
their enormous power to influence government 
and legislation in their favor and to their 
financial advantage. 0. C H. 



INTERIOR, DEPARTMENT OF 



Origin and Jurisdiction. — In 1849, after the 
close of the Mexican War, when the existing 
departments were seriously congested with 
work, the Home Department was organized to 
administer those affairs which needed represen- 
tation in the Cabinet. The title subsequently 
was changed to the Department of the Interior. 
From the beginning to the present time, the 
department has been made up of heterogeneous 
bureaus, having no distinct relations one to the 
other or to the main purpose of the department. 
The Patent Office was transferred from the 
Department of State; the General Land Office 
and the Pension Bureau from the Treasury 
Department; Indian Affairs from the War De- 
partment; and Pensions from the joint control 
of the War and Navy Departments. The ac- 
counts of the United States courts, the super- 
vision of lead and other mines and the District 
of Columbia penitentiary also were lodged in 
the new department. Later, the Bureau of 
Education, the Geological Survey, the 
Bureau of Labor, Alaskan affairs, the national 
parks, the Reclamation Service, and, in 1910, 
the newly created Bureau of Mines, were placed 
in charge of the Secretary of the Interior, and 
the two assistant secretaries. 

After various changes and transfers, the 
department now controls the public lands, 
Indian affairs, pensions, patents, geological 
surveys, mines, reclamation service, the terri- 
tories (exclusive of insular possessions), edu- 
cation, the care of the government insane asy- 
lum, the Capitol building and grounds, na- 
tional parks and antiquities, Howard Uni- 
versity, the Columbian Institution for the deaf 
and dumb and the Freedmen's Hospital; and 
it is also charged with certain duties in regard 
to the streets and government lots in the Dis- 
trict of Columbia. In conjunction with the 
Secretary of the Treasury and the Postmaster 
General, the Secretary of the Interior approves 
plans and estimates for public buildings. 



198 



Land Office.— The General Land Office deals 
with the location, settlement, survey, entry 
and patenting of the public lands, which have 
covered an area of 1,835,000,000 acres, and 
which now amount to about 680 million acres 
of unappropriated and unreserved lands. The 
net receipts for public lands in 1912 were 
$6,671,000. The office is administered by a 
commissioner, an assistant commissioner, law 
officers, and a large staff of clerks in the Dis- 
trict of Columbia, and by a gradually decreas- 
ing force of local officers who maintain offices 
in localities where public lands are being sold 
to settlers {see Public Lands). 

Geological -Survey. — The Geological Survey 
deals with classification, topographical surveys, 
and the investigation of mineral and water 
resources. Geologic surveys are conducted 
in 32 states and territories; topographic sur- 
veys have covered more than 1,100,000 square 
miles or 35.5 of the entire country; nearly 
900 gauging stations throughout the country 
are in service; and valuable work has been 
done in the prevention of mine accidents. The 
last named function is now exercised by the 
National Bureau of Mines, created by act of 
May 16, 1910. At the head of the survey is 
a director, who has a corps of scientific assis- 
tants. The results of their labors are published 
in elaborate annual reports {see Mines and 
Mining). 

Reclamation Service. — The Reclamation Serv- 
ice deals with the irrigation (see) of arid 
lands, under the act of June 17, 1909 {see 
Reclamation of Public Lands). This act 
sets apart as a reclamation fund monies re- 
ceived from the sale of public lands in certain 
western states, and provides for the payment 
by settlers of the cost of reclamation works. 
The investment in such works, 32 in number, 
amounted in 1910 to 53 million dollars, of 
which sum 3 millions had been repaid by water 
users and purchasers of town-lots. The serv- 



INTERIOR, DEPARTMENT OF 



ice also cooperates with states to grant lands 
to corporations constructing irrigation works, 
under the act of August 18, 1894. 

Indian Affairs. — The Office of Indian Affairs 
controls the allotment of and supervision over 
Indian lands, the object being to assimilatethe 
Indian into the body politic with the greatest 
amount of protection to him and the least in- 
jury to the community. The Indian popula- 
tion now amounts to 200,000 persons (exclu- 
sive of the 100,000 persons included in the 
Five Civilized Tribes). Indians are located in 
26 states, and 325 schools are maintained for 
their benefit (see under Indian). 

Patents. — The Commissioner of Patents ad- 
ministers the patent laws and supervises all 
matters relating to issuing letters-patent for 
inventions and the registration of trade-marks 
(see). He is the tribunal of last resort in 
the Patent Office, and has appellate jurisdic- 
tion in the trial of interference cases, of the 
patentability of inventions, and the registra- 
tion of trade-marks; appeals lie from his de- 
cision to the United States court of appeals of 
the District of Columbia. The number of pat- 
ents (see) issued to 1912 was 153,013, of which 
nearly 30,000 were issued in 1912. 

Pensions.^-The Commissioner of Pensions 
supervises the examination and adjudication of 
claims for pensions arising out of laws of Con- 
gress granting pensions for army or navy serv- 
ice; claims for reimbursement for expenses of 
last illness and burial of deceased pensioners; 
and claims for military bounty-land warrants. 
In 1912, there were 860,294 pensioners, who 
drew 153 million dollars (see Pensions). 

Mines. — The Bureau of Mines deals with the 
promotion of mining;, the safety of miners, the 
treatment of ores, and the use of explosives. 

Education. — The Commissioner of Education 
collects statistics and general information in 
regard to the progress of education, which 
statistics are published annually in a two- 
volume report and in numerous bulletins. He 
has charge of the government schools and also 
the reindeer industry of Alaska; and he ad- 
ministers the endowment fund for the benefit 
of higher education in agriculture and mechanic 
arts. The Alaska work will, in all probability, 
be transferred to the Territory, where it prop- 
erly belongs (see Education as a Function 
of Government; Educational Statistics). 

National Parks. — The government owns and 
maintains 13 national parks, comprising an 
area of 4,600,000 acres, all acquired since 1872 ; 
and in addition, there are 10 national monu- 
ments, which are classed as historic landmarks 
or objects of scientific interest. All are located 
in the western states and in Alaska, and the 
reservation of these parks and antiquities must 
be classed as among the few instances of fore- 
sight on the part of the Republic. 

Present Conditions. — The importance of the 
mine and forest products and the undeveloped 
water powers of the United States has made 

199 



the Secretary of the Interior a storm center 
around which revolve the conflicting currents 
of the conservation of these natural resources 
and the desire of settlers for a speedy de- 
velopment of the country. In this conflict the 
Secretary, with whom rests the decision oi 
contests and the granting of permits, is called 
upon to formulate and carry out a policy sat- 
isfactory to both interests; and on his success 
or failure in dealing with this branch of his 
duties depends not alone his reputation, but 
also, in large and growing degree, the popu- 
larity of the administration of which he is a 
part. 

See Cabinet of the President; Executive 
Departments; Bureaus and Offices by name. 

References: Sec. of the Interior, Annual Re- 
port, 1910; J. A. Fairlie, National Adminis- 
tration of the U. 8. ( 1905 ) ; C. H. Van Tyne 
and W. G. Leland, Guide to the Archives of the 
U. 8. (2d ed., 1907), 200-229; M. L. Hins- 
dale, Hist, of President's Cabinet (1911); H. 
B. Learned, President's Cabinet (1911). 

Charles Moore. 



INTERIOR, SECRETARIES OF. Following 
is a list of the Secretaries of the Interior since 
the establishment of the Department in 1849: 

1849 (Mar. 8)— 1850 (July 22) Thomas Ewing. 

1850 (July 23) Daniel C. Goddard (Chief Clerk; 
ad int.) 

1850 (Aug. 15)— 1850 (Aug. 26) Thomas M. T. Mc- 

Kennan. 
1850 (Aug. 27) Daniel C. Goddard (Chief Clerk ; 

ad int.) 
1850 (Sept. 12)— 1853 (Mar 7) Alexander H. H. 

Stuart. 
1853 (Mar. 7)— 1857 (Mar. 6) Robert McClelland. 
1857 (Mar. 6)— 1861 (Jan. 8) Jacob Thompson. 
1S61 (Jau. 10) Moses Kelly (Chief Clerk; ad int.) 
1861 (Mar. 5)— 1862 (Dec. 31) Caleb B. Smith. 
1863 (Jan. 1) John P. Usher (Asst. Sec; ad int.) 
1863 (Jan. 8)— 1865 (May 15) John P. Usher. 

1865 (May 15)— 1866 (Aug. 31) James Harlan. 

1866 (Sept. 1)— 1869 (Mar. 3) Orville H. Browning. 
1869 (Mar. 4) William T. Otto (Assist. Sec. ; ad 

int.) 

1869 (Mar. 5)— 1870 (Oct. 31) Jacob D. Cox. 

1870 (Nov. 1)— 1875 (Sept. 30) Columbus Delano (re- 
commissioned, Dec. 8, 1870, Mar. 17, 1873). 

1875 (Oct. 1) Benjamin R. Cowen (Asst. Sec. ; ad 

int.) 
1875 (Oct. 19)— 1877 (Mar. 11) Zachariah Chandler 

(recommissioned, Dec. 9, 1875). 
1877 (Mar. 12)— 1881 (Mar. 5) Carl Schurz. 

1881 (Mar. 5)— 1882 (Apr. 6) Samuel J. Kirkwood. 

1882 (Apr. 6)— 1885 (Mar. 3) Henry M. Teller. 
1885 (Mar. 4) Merritt L. Joslyn (Asst. Sec. ; ad 

int.) 
1885 (Mar. 6)— 1888 (Jan. 10) L. Q. C. Lamar. 
1888 (Jan. 11) Henry L. Muldrow (1st Asst. Sec; 
ad int.) 

1888 (Jan. 16)— 1889 (Mar. 5) William P. Vilas. 

1889 (Mar. 5)— 1893 (Mar. 6) John W. Noble. 
1893 (Mar. 6)— 1896 (Aug. 31) Hoke Smith. 
1896 (Sept. 1) John R. Reynolds (Asst. Sec; ad 

int.) 

1896 (Sept. 1)— 1897 (Mar. 5) David R. Francis (re- 
commissioned Jan. 18, 1897). 

1897 (Mar. 5)— 1898 (Dec. 21) Cornelius N. Bliss. 

1898 (Dec 21)— 1907 (Mar. 4) Ethan A. Hitchcock 
(recommissioned, Mar. 5, 1901, Mar. 6, 1905). 

1907 (Mar. 4)— 1909 (Mar. 5) James R. Garfield. 
1909 (Mar. 5)— 1911 (Mar. 13) Richard A. Ballinger. 
1911 (Mar. 13)— 1913 (Mar. 4) Walter L. Fisher. 
1913 (Mar. 5)— Franklin K. Lane. 

See Interior, Department of; bureaus by 
name. References: M. L. Hinsdale, Hist, of the 
President's Cabinet (1911) ; H. B. Learned, 
President's Cabinet (1911). A. B. H. 



INTERIOR, DEPARTMENT OP 




200 



INTERIOR, DEPARTMENT OP 



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201 



INTERNAL IMPROVEMENTS— INTERNATIONAL CONGRESSES 



INTERNAL IMPROVEMENTS, CONSTITU- 
TIONAL STATUS OF. The power of Congress 
to construct internal improvements may be 
either an express or an implied power. If 
the former, the source is the "general welfare" 
clause of the Constitution (Art. I, Sec. viii, 
KIT 1> 3, 7, 11), if the latter it is the power 
to regulate commerce, and establish post-roads, 
and the war power. Dismissing the idea that 
the "general welfare" clause was meant to 
comprise an indefinite substantive grant of 
power, the clause in question is then found 
to qualify in some way the financial powers 
of Congress; that is, it either directs them to 
the furtherance of the more specifically enu- 
merated powers of the national government or 
adds to those powers the power to appropriate 
money generally for the "general welfare" (see) . 

Before 1800 the broadest view was taken 
of Congressional powers in the field of internal 
improvements. Subsequently, owing to the rise 
of the doctrine of the Virginia and Kentucky 
Resolutions (see), of the mediating function 
of the states between the people and the na- 
tional government, the question of the scope 
of the power of Congress became involved with 
the question whether the consent of the state 
was necessary to the undertaking of such im- 
provements and also with the collateral ques- 
tion whether such consent conferred jurisdic- 
tion over them. In 1806 Jefferson signed the 
Cumberland Road Bill. In 1808 Gallatin made 
his famous report, attributing to the national 
government the broadest reach of power to 
make internal improvements, but only with 
state consent. In 1817 Madison vetoed the 
Bonus Bill upon grounds greatly restricting 
the scope of national power. Five years later, 
however, in his veto of the Cumberland Road 
Bill of 1822, Monroe asserted the doctrine that 
Congress had the constitutional power to ap- 
propriate money for "all national objects," 
but that on the other hand, the national 
government could not assert jurisdiction over 
such improvements without a constitutional 
amendment. Fronl 1829 on, strict construction 
again held sway and during the next three 
decades the doctrine that obtained was, gen- 
erally speaking: first, that Congress in ap- 
propriating money furthered only its granted 
powers; and secondly, that state consent was 
a necessary prerequisite to internal improve- 
ments. Meantime, in McCulloch vs. Maryland 
(see), Marshall laid down the twin doctrines 
of the sovereignty of national government with- 
in the sphere of its delegated powers and of 
the paramountcy of national power over state 
power in case of conflict, the deduction from 
which is obviously the competence of the na- 
tional government to construct internal im- 
provements in furtherance of its granted pow- 
ers without state consent. The court, under 
Taney, on the other hand, yielded a varying 
degree of assent to the principle of state medi- 
umship. 



Since the Civil War, the most notable under- 
taking of the national government in the field 
of internal improvements has been its partici- 
pation, by virtue of its newly found "war 
power," in the construction of the Pacific Rail- 
way. This and allied enterprises have given 
rise to legal issues, in the determination of 
which it has fallen to the Supreme Court to 
pass authoritatively upon the scope of na- 
tional power. The following utterances of the 
court may be selected as best summarizing the 
present law: (1) "Congress, under the power 
to regulate commerce, as well as to provide 
for postal accommodations and military ex- 
igencies," has power "to construct national 
highways." (2) "Such an authority . . . 
is essential to . , . the perpetuity of the 
United States and is not dependent upon the 
consent of the States." (3) "Whenever it be- 
comes necessary for the accomplishment of any 
object" within its authority "to exercise the 
right of eminent domain, Congress may do this 
with or without a concurring act of the States 
in which the lands lie." These utterances need 
but a single word of comment ; if Congress may 
exercise the power of eminent domain within 
the states without their consent it must also 
be able without state consent to assert juris- 
diction over nationally constructed internal 
improvements to any extent, so long as the 
object subserved lie within the sphere of na- 
tional power. 

References: D. W. Brown, The Commercial 
Power of Congress (1910), 229-32, 241-68; T. 
D. Richardson, Messages and Papers of the 
Presidents (1896), passim, I, 584, II, 142, 483, 
V, 260-388; McCulloch vs. Maryland, (1819), 
4 Wheat. 316; California vs. Pacific Ry. Co., 
(1888), 127 U. 8. 1; Luxton vs. North River 
Co., 153 U. 8. 529-530. E. S. Corwin. 

INTERNAL REVENUE. See Revenue, 
Internal. 

INTERNATIONAL CLAIMS. See Claims, 
International. 

INTERNATIONAL CONGRESSES AND 
CONFERENCES. International conferences 
and congresses have been particularly common 
since the early days of the nineteenth century. 
International congresses were often thought to 
be more formal and their conclusions more 
binding than those of international conferences 
but the distinction can scarcely be maintained 
from the survey of those which have been held 
Both congresses and conferences are alike meet 
ings of representatives of states for the settle 
ment of matters in which they are interested 

Congress of Vienna. — The Congress of Vien 
na, September 22, 1814, to June 19, 1915, con 
eluded the Treaty of Vienna of June 9, 1815 
by which the relations of European states in 
chaos after the Napoleonic wars were adjusted 
Other congresses upon the state of Europe fol 









202 



INTERNATIONAL CONGRESSES AND CONFERENCES 



lowed: Aix-la-Chappelle, 1818; Troppau and 
Laybach, 1821; Verona, 1822; London, 1829 
and. 1830; and many others relating more par- 
ticularly to the political affairs of European 
states. 

The desire to put an end to the slave trade 
had been mentioned at the Congress of Vienna 
in 1815 and again in 1822; the Congress of 
Vienna also considered the subject of free navi- 
gation of international rivers; but congresses 
and conferences on special subjects became 
especially common after the middle of the nine- 
teenth century. 

Social and Economic Congresses. — The names 
of some of these indicate a change in 
the attitude of the states of the world 
and a recognition that there may be many 
matters upon which the interests of the 
states are identical or sufficiently harmonious 
to permit of advantageous common action. 
The First International Sanitary Conference 
was held at Paris in 1851 and since that time 
nine similar conferences have been held; and 
in 1907 an international arrangement was en- 
tered upon for the establishment of the Inter- 
national Office of Public Health. In 1853 a 
Maritime Conference for the Adoption of a 
Uniform System of Meteorological Observa- 
tions at Sea was held at Brussels ; and a statis- 
tical conference was held at the same place 
in the same year. Among the early conferences 
having the most far reaching consequences was 
the conference of Paris on a postal union in 
1863, which was followed in 1874 by the con- 
ference of Berne which established the 
permanent international postal bureau to 
which was added telephony in 1891 and which 
has been of such great service to civilization. 
In 1864 was held the First International Con- 
ference on Weights and Measures at Berlin. 
The Geneva Conference of 1864 which resulted 
in the "Red Cross Convention" revived in 
1906, introduced more humane methods for the 
treatment of wounded and sick in time of war. 
Many monetary, telegraphic, customs and like 
conferences followed, showing the growing eco- 
nomic and commercial solidarity of the civ- 
ilized world. Toward the end of the nineteenth 
century the increasing sense of social unity 
was evident in such conferences as that at 
Berne in 1889 to promote the well-being of 
the working classes. In most of these late 
congresses and conferences there is an evident 
intention to substitute international coopera- 
tion for international competition. 

A series of international conferences since 
1893 on private international law, so-called, 
have, by deliberation, done much to reduce the 
evils which arise from the conflict of laws 
of different states. 

Pan American Congresses. — The conferences 
of American states following the Panama Con- 
gress of 1826 did not accomplish what their 
promoters had hoped. In 1889, however, a 
new impetus was given in the convening of 



the Pan American Conference at Washington 
on invitation of the government of the United 
States. The second Pan American Conference 
at Mexico in 1901-2; the third at Rio Janeiro 
in 1906; and the fourth at Buenos Aires in 
1910 successively showed great advance in the 
mutual confidence and the practical nature of 
the work accomplished. Such matters as copy- 
rights, trade-marks, patents, pecuniary claims, 
customs regulations, sanitary regulations, edu- 
cation were considered and upon many sub- 
jects important agreements were reached. 

First Hague Conference. — The conferences 
which have marked the greatest progress in 
world wide community of interests in recent 
years are the International Peace Conferences 
at The Hague in 1899 and in 1907. The con- 
ference of 1899 was called on the initiative 
of the Czar of Russia whose minister, in a 
letter of August 24, 1898, suggested a confer- 
ence on the "reduction of armaments." The 
representatives of twenty-six powers assembled 
and the conference Avas opened at The Hague 
on May 20, 1899. The conference adjourned on 
July 31, 1899. Many were disappointed in 
the results of its work and regarded the efforts 
for world-wide agreements on many of the mat- 
ters submitted to the conference as visionary. 

The Conference agreed upon one resolution, 
in favor of restriction and armaments; upon 
six desiderata (vceusc) ; and upon three con- 
ventions — ( 1 ) pacific settlement of inter- 
national disputes ; ( 2 ) respecting the laws and 
customs of war on land; (3) adaptation of the 
principles of the Geneva Convention of 1864 
to maritime warfare. 

The conference adopted three declarations to 
prohibit: (1) discharge of projectiles and ex- 
plosives from balloons; (2) use of projectiles 
for diffusing asphyxiating or deleterious 
gases; (3) use of bullets which expand or 
flatten easily in the human body. 

The early pessimistic attitude toward the 
work of the Conference was gradually succeeded 
by a favorable attitude as the conventions were 
tested, particularly that for the pacific settle- 
ment of international disputes following the 
initiative of the United States and Mexico in 
submitting the Pius Fund Case {see) to the 
Hague tribunal in 1902. 

Second Hague Conference. — On June 15, 
1907, on the proposition of the President of the 
United States and on the invitation of the 
Czar of Russia the Second International Peace 
Conference (forty-four states being represent- 
ed) was assembled at The Hague and adopted 
its Final Act, October 18, 1907. This Confer- 
ence elaborated and supplemented and added 
to the work of the conference of 1899 and in- 
troduced propositions for an international 
prize court and for an internationa'l court of 
judicial arbitration. The effort to establish 
an international prize court was supplemented 
by the work of the International Naval Con- 
ference at London in 1908-1909. 



62 



203 



INTERNATIONAL LAW, INFLUENCE OF THE UNITED STATES ON 



The increasing frequency of international 
congresses and conferences, the broadening of 
their scope, the greater number of states partic- 
ipating, and evident willingness to accept the 
conclusions of the congresses and conferences 
as binding indicate the great progress that has 
been made and also the direction of further 
advance. 

See Balance of Powek; Commerce, Inter- 
national; Declaration of Paris; Disarma- 



ment; Hague Conferences; Maritime War; 
Pan American Congresses; Privateers. 

References: S. E. Baldwin, "Int. Congresses 
and Conferences" in Am. Jour. Int. Law, I, 
1907, 565; A. P. Higgins, The Hague Peace 
Conferences (1909); J. B. Scott, Peace Con- 
ferences at the Hague (1908); P. S. Reinsch, 
"Int. Conference of Am. Republics" in Am. 
Jour, of Int. Law, IV, 1910, 777. 

George G. Wilson. 



INTERNATIONAL LAW, INFLUENCE OF THE UNITED 

STATES ON 



The American continent, from the time of 
its discovery until the assertion of the Monroe 
Doctrine, was a prominent factor in the 
promotion of European wars to obtain or re- 
tain its possession. It is, therefore, peculiarly 
appropriate that the American continent, more 
especially the United States, should have con- 
tributed to the development of international 
law and to the consequent promotion of peace. 
In 1781, during the course of the American 
Revolution, Congress accepted international 
law "according to the general usages of Eu- 
rope," and the Constitution vested Congress 
with the power "to define and punish . . . 
offenses against the law of nations" (Art. I, 
Sec. viii, fl 10), thus recognizing international 
law as binding upon the United States. 

The influence of the United States upon in- 
ternational law is especially recognizable in 
the following fields: (1) the advocacy of im- 
munity from capture of private property of 
the enemy at sea; (2) the doctrine of neutral- 
ity; (3) the doctrine of non-intervention as 
exemplified in the Monroe Doctrine; (4) ex- 
patriation; (5) codification of laws of war; 
(6) arbitration; (7) judicial settlement of in- 
ternational disputes. 

Advocacy of Immunity from Capture of Pri- 
vate Property of the Enemy at Sea. — Interna- 
tional law allows the private property of the 
enemy at sea to be captured and confiscated, a 
doctrine against which the United States has 
consistently protested since the days of the 
Confederation. It has followed the practice 
because other nations followed it, but it has 
expressed its willingness to renounce it. Thus, 
in 1785, the United States negotiated a treaty 
with Prussia which provides (Article 23) 
that in case of war between the two countries, 
"all merchant and trading vessels employed in 
exchanging the products of different places, 
and thereby rendering the necessaries, con- 
veniences, and comforts of human life more 
easy to be obtained, and more general, shall be 
allowed to pass free and unmolested." At the 
first Hague Conference, held in 1899, the Amer- 
ican delegation presented a proposition to in- 
troduce into international law the doctrine of 



the immunity of private property of the enemy 
at sea; and although the proposal was 
not acted upon favorably, the American delega- 
tion, at the Second Hague Conference of 1907, 
reintroduced it, again without result. If war 
be a contest between states, it is difficult to 
see why innocent private property on the sea 
should be more severely treated than like prop- 
erty on land, although arms and ammunition 
may properly be captured. International 
theory is in favor of the doctrine; enlightened 
practice should accept it, and it is not un- 
reasonable to believe that this favorite con- 
tention of the United States will ultimately 
prevail. 

Doctrine of Neutrality. — The United States 
found itself in an embarrassing position during 
the early years of the wars of the French Revo- 
lution, for the sympathies of the people were 
largely with France, to which country they 
were bound by treaty. France attempted to 
enlist troops on American soil, to prosecute hos- 
tilities in American waters, to make American 
territory a base for fitting out vessels to prey 
upon British commerce, and even to establish 
prize courts upon American soil. On the other 
hand, Great Britain insisted that American cit- 
izens should not trade in contraband articles 
with her enemy. It was an arbitrary demand, 
contrary to the established rule that, so long as 
the belligerents are not discriminated against, 
citizens or subjects of a neutral state may 
sell or export articles of contraband, subject, 
however, to the right of the belligerent to cap- 
ture and confiscate such articles when destined 
to the enemy. The American Government main- 
tained that it was the right of every nation to 
prohibit acts of foreign sovereignty within its 
limits, and that it was the duty of a neutral to 
prohibit such acts as would injure one of 
the warring powers; that the neutral must in 
all things relating to the war observe an exact 
impartiality ; that the right to raise troops was 
a right of sovereignty which no foreign power 
could exercise upon neutral soil, and that the 
United States was bound by the law of neu- 
trality to prevent the arming of vessels and 
the raising of men within its territory; that is 



204 



INTERNATIONAL LAW, INFLUENCE OF THE UNITED STATES ON 



to say, the duty of the neutral was positive, 
not merely negative as theretofore. As Hall 
says, in his treatise on International Law: 
"The policy of the United States in 1793 con- 
stitutes an epoch in the development of the 
usages of neutrality." 

Non-intervention. — It may be questioned 
whether the right of intervention is a doctrine 
of international law. It has, however, often 
been the policy of nations. The formation of 
the Holy Alliance (see), and the practice of 
its members to intervene in internal affairs of 
European countries, was a grave danger to the 
smaller states of Europe and inconsistent with 
a rational and regular system of international 
law. The proposal of the allied sovereigns to 
extend their system to America, and to enable 
Spain to reassert its authority in Central and 
South America, would have transplanted an 
unacceptable European doctrine to America, 
and made the confusion resulting from inter- 
vention universal instead of local. The opposi- 
tion of Great Britain and the United States 
to this proposed action was the occasion of the 
publication by President Monroe of the cele- 
brated doctrine {see Monroe Doctrine) which 
bears his name. In his annual message to 
Congress, December 2, 1823, President Monroe 
stated that the American continent was no 
longer to be considered subject to colonization, 
and that the United States could not allow 
the extension of the political system of the 
allied powers to the South American republics 
in such a way as to oppress them or con- 
trol their destiny. The doctrine was a protest, 
and has become the settled policy of the United 
States. It is not asserted that the doctrine 
as such forms a part of international law. It 
is maintained, however, that it prevented the 
European practice of intervention from invad- 
ing and becoming incorporated in international 
law, and that its influence on international 
relations has been great and salutary. 

Expatriation. — As appears from the article 
on allegiance (see), nations formerly claimed, 
and some still claim, the right to determine 
whether their citizens or subjects may emi- 
grate, as well as to prescribe the conditions, if 
emigration be permitted. The vast extent of 
the United States, its comparative lack of 
population, and the opportunities offered to 
foreigners, started streams of emigration from 
European countries; and from the third decade 
of the nineteenth century large numbers of 
foreigners, landed upon our shores. As the 
result of the necessity of protecting its new 
citizens, the United States has proclaimed in 
theory, maintained in practice, and procured 
general acceptance of, the doctrine that it is 
the right of citizens or subjects to expatriate 
themselves and to obtain naturalization in for- 
eign countries; although it is equally the right 
of the home countries to determine the condi- 
tions upon which their citizens or subjects may 
emigrate. The doctrine was first formally an- 



205 



nounced by Secretary of State Buchanan in 
1848, was recognized by statute of the United 
States in 1868, and by treaty, usage, or custom, 
has now become accepted, at least in principle, 
by all the nations of Europe except Russia and 
Turkey. 

Codification of Laws of War. — The need of a 
clear and precise statement of the rights and 
duties of nations is becoming daily more evi- 
dent owing to the ever, increasing inter- 
course of nations. There is a strong movement 
to systematize existing usage and custom and 
to present it in the form of a code. The first 
successful example of the codification of any 
branch of international law was made by Dr. 
Francis Lieber, Professor at Columbia Uni- 
versity, who prepared, at the request of the 
United States, a codification of the laws of 
Avar, which was promulgated in 1863 by Presi- 
dent Lincoln as General Orders No. 100. This 
code, due to the American Civil War, was the 
basis of the deliberations of the Brussels Con- 
ference of 1874 and of the convention concern- 
ing the laws and customs of war on land, 
adopted by the First Hague Conference in 
1899. The success of Lieber's attempt to codify 
the laws of war led Bluntschli to publish, in 
1868, his International Law in the form of a 
code, which was followed in 1872 by David 
Dudley Field's Draft Outlines of an Interna- 
tional Code and in 1890 by the code of the 
Italian jurist, Fiore. In 1900 the United 
States published a naval war code under the 
title of The Laws and Usages of War at Sea, 
which proved a starting point for the partial 
codification of maritime international law pro- 
duced by the Second Hague Conference, and 
for the Declaration of London (see) in the 
year 1907- 

Arbitration. — That the American people are 
idealistic as well as practical is shown by their 
confession of faith in favor of arbitration and 
their success in securing its general adoption. 
Arbitration is not a discovery of the American 
people, but its successful operation is largely 
due to their initiative and persistent effort in 
its behalf; and it is perhaps no exaggeration 
to regard international arbitration as a con- 
tribution of the United States to the world at 
large. No nation can, however, arbitrate 
alone: cooperation is necessary, and it has 
been the other great branch of the English 
speaking people which has cooperated with the 
United States. The Jay Treaty (see) of 1794 
between Great Britain and the United States 
laid the foundations of the modern system, 
and the submission by Great Britain and the 
United States of the Alabama claims (see) 
to the arbitration of the tribunal at Geneva 
was a demonstration of the fact that no ques- 
tion is too delicate, too large, or too important 
to be arbitrated, if only the parties in con- 
troversy wish to settle their differences by this 
method. In 1910 Great Britain and the United 
States again confessed their faith in the system 



INTERNATIONAL LAW, PRINCIPLES OF 



by submitting to arbitration at The Hague the 
Newfoundland Fisheries controversy (see) 
which had perplexed their foreign relations for 
a century and had at times threatened war. 
The statement is therefore justified that the 
English speaking world has made arbitration 
a real and effective means for the peaceful 
settlement of international disputes, and in 
this movement the leadership of the United 
States is incontestable (see Arbitration ) . 

Judicial Settlement of International Dis- 
putes. — There is a wide-spread feeling that 
arbitration is synonymous with compromise, and 
that in practice it is but a continuation of the 
diplomatic methods of give and take. Indeed, 
the large discretion vested in an arbiter is fre- 
quently contrasted with the more restricted 
function of the judge. It would seem more 
reasonable that legal questions, that is, ques- 
tions which may be settled by the application 
of principles of law, as also the interpretation 
and application of treaties, conventions, and 
international agreements, should properly be 
the subject of judicial determination, just as 
political questions and matters of national 
policy are the subject of discussion and mutual 
concession. Hence, while favoring arbitration, 
the United States has expressed itself in no 
uncertain terms in favor of an international 
tribunal to be composed of permanent judges 
who shall act under a sense of judicial respon- 
sibility. Secretary Root instructed the Ameri- 
can delegation to the Second Hague Conference 
in 1907 (see Hague Conferences) to propose 
and secure, if possible, the establishment of 
such a tribunal. The American delegation ac- 



cordingly presented the proposal, in which Ger- 
many and Great Britain united, with the result 
that a draft convention was adopted by the 
conference providing for the organization, 
jurisdiction, and procedure of the tribunal 
(Court of Arbitral Justice). Unable to agree 
upon an acceptable method of selecting the 
judges, the conference recommended that the 
judges constituting the court should be ap- 
pointed by agreement through diplomatic chan- 
nels; and it is an open secret that the United 
States has endeavored to bring about such an 
agreement, and thus to secure the establish- 
ment of a truly permanent court of justice at 
The Hague. Should the movement succeed, 
which appears probable, the judicial settlement 
of international disputes will have been an- 
other contribution and not the least service of 
the United States to international law. 

See Arbitrations, American; Asylum, In- 
ternational; Declaration of Paris; Diplo- 
macy and Diplomatic Usage; Drago Doc- 
trine ; Expatriation ; Extraterritoriality ; 
Hague Conferences; Impressment; Interna- 
tional Law, Sources of ; Intervention ; Mar- 
itime War; Monroe Doctrine; Nationality; 
Neutrality, Principles of; Territory in In- 
ternational Law; Treaties in Interna- 
tional Law; War, International Relations 
of. 

References: J. B. Moore, Digest of Int. Law 
(1906); E. Nys "Les Etats-Unis et le Droit 
des Gens" in Revue de Droit International et 
de Legislation Comparee, XI (1909) ; Am. Year 
Book 1910, 87-90, ibid, 1912, 105, 106, 231. 
James Brown Scott. 



INTERNATIONAL LAW, PRINCIPLES OF 



Formerly the existence of international law 
was sometimes denied. In the days of the evo- 
lution of the system of European states the 
status of international law was uncertain. For 
many years, however, international law has 
been respected as binding. States in their re- 
lations with one another have observed the 
principles of international law and domestic 
courts have administered international law. 

Sanction. — The sanction of international law 
is to some degree the sanction which is behind 
municipal law. A survey of the field of in- 
ternational negotiation will show that states 
are continually striving to adjust their conduct 
so that it will conform to international law; 
that states pay without protest large sums for 
damages which conduct in contravention of the 
principles of international law may have in- 
volved; and that the effort to ascertain and 
abide by the principles of international law 
at the present time is greater than ever before. 
Elihu Root, in his address before the American 
Society of International Law, in 1908, said, 



"Why is it that nations are thus continually 
yielding to arguments with no apparent com- 
pulsion behind them, and before the force of 
such arguments abandoning purposes, modi- 
fying conduct, and giving redress for injuries? 
A careful consideration of this question seems 
to lead to the conclusion that the difference be- 
tween municipal and international law, in re- 
spect of the existence of forces compelling 
obedience, is more apparent than real, and 
that there are sanctions for the enforcement of 
international law no less real and substantial 
than these which secure obedience to municipal 
law" (Am. Society of Int. Law, Proceedings, 
1908, 16). 

Public international law may now be said 
to be "a body of generally accepted principles 
governing relations among states" (Wilson, 
Int. Law 1910, 13). 

Place in Constitutional Law. — The recogni- 
tion of these principles by the United States 
was embodied in the Constitution which gives 
to Congress the power "to define and punish 



206 



INTERNATIONAL LAW, PRINCIPLES OF 



offenses against the Law of Nations" (Art. 
I, Sec. viii). It was held by the Supreme 
Court of the United States in 1796 that the 
principles of international law were a part of 
the law of the United States from the begin- 
ning of its existence. The court said: "When 
the United States declared their independence, 
they were bound to receive the law of nations, 
in its modern state of purity and refinement." 
[Ware, Adm. of Jones vs. Hylton et al. (1796) 
3 Dallas 199]. The principles of international 
law are binding for times of war as well as 
for times of peace as Chief Justice Marshall 
said in 1815 : "The law of nations is the great 
source from which we derive those rules, re- 
specting belligerent and neutral rights, which 
are recognized by all civilized and commercial 
states throughout Euorpe and America." 
[Thirty Hogsheads of Sugar vs. Boyle (1815) 
9 Cranch 191]. 

The United States courts have always re- 
garded international law and in decisions have 
repeatedly affirmed it as "a part of our law" 
which "must be ascertained and administered 
by the courts of justice" [Hilton vs. Guyot 
(1894) 159 U. 8. 113]. Other states take a 
similar attitude toward international law. The 
Lord Chief Justice of England, Lord Alver- 
stone, in 1905, said; "It is quite true that 
whatever has received the common consent of 
civilized nations must have received the assent 
of our country, and that to which we have as- 
sented along with other nations in general may 
properly be called international law, and as 
such will be acknowledged and applied by our 
national tribunals when legitimate occasion 
arises for those tribunals to decide question to 
which doctrines of international law may be 
relevant" [West R. and Central Gold Mining 
Company vs. Rex, L. R. (1905) 2 K. B. 39]. 

These principles of international law which 
are recognized as binding in the relations 
among states, cover not only the relations be- 
tween state and state but also the relations of 
persons owing allegiance to one state who may 
be within the jurisdiction of another state, 
and cases involving the conflicting jurisdic- 
tion of different states in regard to private 
rights. This field of conflict of private rights, 
sometimes called "private international law" 
or "international private law," is generally 
regarded as more properly described by the 
term "Conflict of Laws." 

Uncivilized Communities. — The principles of 
public international law have been at different 
periods considered as applicable to different 
communities in different degrees. In early 
days it was questioned whether uncivilized 
communities were entitled to any regard under 
international law, but it is now held that the 
treatment of such communities should accord 
with the principles of international law as far 
as possible. 

Effect of Geographic Proximity. — The prin- 
ciples of international law rest upon the com- 



207 



mon needs of states which are necessarily 
brought into relations through the intercourse 
of their subjects, and because of the relations 
which arise from geographical proximity. It 
is natural that these principles should have 
developed in Europe where the boundaries of 
states were coterminous and where the subjects 
of one state were frequently within the juris- 
diction of another. 

Early Development. — The principles of in- 
ternational law did not receive much attention 
till the time of Grotius (1583-1645), {see 
Political Theories, Ancient and Mediae- 
val) in the seventeenth century. His great 
treatise, De Jure Belli ac Pacis ( 1625 ) , for- 
mulated the principles many of which have 
since received more and more attention in the 
conduct of international affairs (see Inter- 
national Law, Sources of). 

Some of the principles of international law, 
as Grotius himself shows in numerous quota- 
tions, had been recognized in very early prac- 
tice among states. Some of the principles were 
those having foundation in the Roman law. 
The Amphyctionic League set forth principles 
in the dealings of the states with one another 
that show early recognition of rights of states. 
The oath of members of the league says : "We 
will not destroy any Amphyctionic town nor 
cut it off from running water, in war or peace ; 
if anyone shall do this we will march against 
him and destroy his city." The league also 
agreed upon humane methods of warfare. Even 
the Egyptians observed law in some of their 
dealings with other political unities. The Law 
of Rhodes in regard to goods thrown over to 
lighten a ship in distress remains to the pres- 
ent day without much modification. Sanction 
for the inviolability of ambassadors is found 
in the relations of the earliest peoples. 

The practices which history revealed or upon 
which concensus was found Grotius proposes 
to set forth saying he had "made use of the 
testimonies of philosophers, historians, poets, 
and in the last place, orators; not as if they 
were to be implicitly believed; for it is usual 
with them to serve their own sect, or the argu- 
ment or cause, they have undertaken; but that 
when many men of different times and places 
unanimously affirm the same thing for truth, 
this ought to be ascribed to a universal cause, 
which in the questions treated by us, can be 
no other than either an influence drawn direct- 
ly from the principles of nature, or something 
established by common consent" [De Jure Belli 
ae Pacis (1625), Prolegomena, § 40]. 

Influence of Grotius and his Successors. — 
The conclusion reached by the early writers 
was that the state had the right to exist. 
The Grotian system of principles resting not 
merely on the theory of natural law was able 
to survive the criticisms of the successors of 
Grotius and many of these principles were of 
great weight in determining the clauses of the 
Treaty of Westphalia of 1648. 



INTERNATIONAL LAW, PRINCIPLES OF 



The principle of the freedom of the sea which 
had been set forth by Grotius in 1609 in his 
treatise, Mare Liberum, was bitterly opposed 
by Selden in 1635 in his treatise, Mare Claus- 
um. The contention in regard to the principle 
of jurisdiction over the sea continued, but was 
much clarified by the principles enunciated by 
Bynkershoek in his treatise, De Domino Maris, 
in 1702 in which he proposed that the juris- 
diction should extend so far as the effective 
range of cannon extends, at that time about 
three miles {see Jurisdiction over Waters). 

Equality of States. — Gradually the principles 
governing international relations began to be 
discussed in a broad manner and certain at- 
tributes were considered as belonging to states 
in their international relations. Before the 
Treaty of Utrecht in 1713, the principle of 
equality of states regardless of area or popula- 
tion had received considerable recognition {see 
States, Equality of). 

The right of legation and the right of in- 
tercourse had begun to be recognized prin- 
ciples of international law. Permanent lega- 
tions had been established and while there had 
been many controversies over precedence and 
diplomatic prerogatives the privilege of diplo- 
matic representation was generally conceded. 

The policy of the balance of power {see Bal- 
ance of Power) particularly emphasized in 
the Treaty of Utrecht in 1713 had great influ- 
ence during the eighteenth century and its 
maintenance in the nineteenth century became 
a common argument for the justification of 
intervention {see Intervention). While the 
balance of power policy is not a principle of 
international law, it has had much influence in 
determining the development of international 
law. 

Independence of States. — The balance of 
power idea and the doctrine of intervention 
particularly influenced the attitude toward the 
principle of independence. This attribute of 
the state was regarded as the one which must 
be most carefully respected by other states. 
The principle of independence of states equal 
before the law was regarded as fundamental as 
international law developed after the Treaty 
of Westphalia in 1648. Such a principle was, 
of course, inconsistent with the ideas of the 
Roman Empire of the earlier days and with 
the ideas of the Holy Roman Empire of the 
later days. Its application was also destruc- 
tive of many of the cherished hopes of rulers 
who looked for an immediate realization of 
the world state idea. Many states sometimes 
spoken of as independent and granted a degree 
of freedom in international relations are inde- 
pendent in theory rather than in fact {see 
Dependent States). In the case of states 
which are fully sovereign there are many re- 
strictions upon the exercise of their sovereign- 
ty which they voluntarily assume under treat- 
ies and other agreements. The exercise of the 
right of independence by one state is also al- 



ways conditioned by the right which other 
states have to exercise a similar right. 

The voluntary restrictions upon the exercise 
of the right of independence vary greatly in 
character and extent. In 1886 Great Britain 
and Germany made an agreement respecting 
the exercise of their spheres of influence in 
the Pacific Ocean. The Hay-Pauncefote treaty 
of 1901 placed certain limits upon the freedom 
of the United States in regulating the use of 
the Panama Canal and put an end to certain 
rights which Great Britain had possessed under 
the Clayton-Bulwer Treaty of 1850. November 
2, 1907, Norway undertakes in a treaty with 
Germany, Great Britain, France and Russia, 
"not to cede any portion of the territory of 
Norway to any power to hold on a title founded 
either on occupation or on any other ground 
whatsoever." The other powers in turn agree 
to "recognize and undertake to respect the in- 
tegrity of Norway." The exercise of the right 
of independence is sometimes limited by agree- 
ments into which other states have entered 
without consulting the state whose power is 
thus curtailed. The great powers have repeat- 
edly acted together in settling affairs of minor 
states in Europe, sometimes entirely disregard- 
ing the principle of independence in their 
agreements. 

The principle of independence has been par- 
ticularly recognized in the courts, and sover- 
eigns as representatives of the personality of 
the state have been regarded as exempt from 
suit in foreign courts because this would in 
effect be a denial of independence [The Sap- 
phire (1870), 11 Wall. 164]. The diplomatic 
agents as representing the state are also ex- 
empt from local jurisdiction. 

Public Property. — The right of property in 
its domain has been regarded as a principle 
which each state has as an attribute of its 
statehood. "As a consequence of the absolute 
independence of every sovereign authority, and 
of the international comity which induces every 
sovereign state to respect the independence of 
every other sovereign state, each and every 
one declines to exercise, by means of any of its 
courts, any of its territorial jurisdiction over 
the person of any sovereign or ambassador of 
any other state, or over the public property of 
any state which is destined to its public use, 
or over the property of any ambassador, though 
such sovereign, ambassador, or property be 
within its territory, and therefore, but for the 
common agreement, subject to its jurisdiction." 
[The Parlement Beige, English Law Reports 
(1878), 5 Probate Division 197.] 

The right to public property rests in the 
sovereignty and passes with the sovereignty. 
Property may thus pass by treaty at the close 
of a war or by treaty of cession in time of 
peace. The joint resolution annexing Hawaii 
to the United States, approved by the President 
July 7, 1898, provided that, "Whereas the gov- 
ernment of the Republic of Hawaii having in 



208 



INTERNATIONAL LAW, PRINCIPLES OF 



due form signified its consent, in the manner 
provided by its Constitution, to cede, absolutely 
and without reserve, to the United States of 
America, all rights of sovereignty of whatso- 
ever kind in and over the Hawaiian Islands 
and their dependencies, and also to cede and 
transfer to the United States the absolute fee 
and ownership of all public, government, or 
crown lands, public buildings or edifices, ports, 
harbors, military equipment, and all other pub- 
lic property of every kind and description be- 
longing to the government of the Hawaiian Is- 
lands, together with every right and appurte- 
nance thereto appertaining" (30 United States 
Statutes 750). 

Territorial Domain. — Closely related to the 
right of property is the right of domain or the 
right of a state within the sphere of its sover- 
eighty. Domain may be: (1) territorial or 
land domain; (2) maritime or fluvial; (3) 
aerial. 

The principles in regard to territorial or 
land domain were developed earlier than those 
in regard to maritime or in regard to aerial 
domain. The earliest source of right to land 
domain was discovery and occupation. For 
America this principle was stated by the Su- 
preme Court of the United States as follows: 

On the discovery of this immense continent, the 
great nations of Europe were eager to appropriate 
to themselves so much of it as they could re- 
spectively acquire. Its vast extent offered an ample 
field to the ambition and enterprise of all ; and the 
character and religion of its inhabitants afforded 
an apology for considering tbem as a people over 
whom the superior genius of Europe might claim 
an ascendency. The potentates of the old world 
found no difficulty in convincing themselves that 
they made ample compensation to the inhabitants 
of the new by bestowing on them civilization and 
Christianity, in exchange for unlimited independ- 
ence. But, as they were all in pursuit of nearly 
the same object, it was necessary, in order to avoid 
conflicting settlements, and consequent war with 
each other, to establish a principle, which all 
should acknowledge as the law by which the right 
of acquisition, which they all asserted, should be 
regulated as between themselves. This principle 
was that discovery gave title to the government by 
whose subjects, or by whose authority, it was 
made, against all other European governments, 
which title might be consummated by possession 
[Johnson vs. Mcintosh (1823), 8 Wheat. 543]. 

When a state has long continued and unin- 
terrupted possession of territory, the dominion 
is usually conceded as based on prescription. 

Sometimes land is transferred as result of 
conquest or by formal cession at the close of 
war, or by cession through purchase, gift, ex- 
change, or otherwise. By the treaty of 1898 
with Spain the United States obtained domin- 
ion over the Philippines and other Spanish is- 
lands. The Supreme Court states this: 

By the third article of the treaty Spain ceded 
to the United States "the archipelago knows as 
the Philippine Islands," and the United States 
agreed to pay Spain the sum of $20,000,000 within 
three months. The treaty was ratified. Congress 
appropriated the money. The ratification was pro- 
claimed. The treaty making power, the executive 
power, the legislative power, concurred in the 
completion of the transaction. 

The Philippines thereby ceased, in the language 
of the treaty, "to be Spanish." Ceasing to be 
Spanish, they ceased to be foreign country. They 



came under the complete and absolute sovereignity 
and dominion of the United States, and so be- 
came territory of the United States over which 
civil government could be etsablished. The result 
was the same, although there was no stipulation 
that the native inhabitants should be incorporated 
into the body politic, and none securing to them 
the right to" choose their nationality. Their al- 
legiance became due to the United States, and they 
became entitled to its protection [Fourteen Dia- 
mond Rings vs. United States (1901), 183 U. S. 
Sup. Ct. Rep. 176]. 

The land domain of a state may be changed 
through accretion in consequence ot the action 
of water. While such changes may not involve 
large areas, the legal questions which some- 
times arise are such as have received much 
attention, particularly when the accretion is 
in consequence of the action of rivers which 
form the boundaries between states. In a 
general way land formed by accretion is with- 
in the domain of the state to which it attaches. 

Maritime Domain. — The maritime domain 
has generally been recognized as conferring a 
right to exercise certain rights of sovereignty 
in the high seas, to a distance of three marine 
miles from the low water mark. All rivers 
wiiolly within the boundaries of a state are 
subject to its jurisdiction. Boundary rivers 
in absence of conventional agreements are sub- 
ject to the jurisdiction of the coriparian states. 
The boundary is for navigable rivers the mid- 
dle of the channel and for lesser streams the 
middle of the river. Other inland waters, as 
lakes, are under the jurisdiction of the border 
states {see Jurisdiction over Waters). 

Aerial Domain. — The question of aerial do- 
main has during the twentieth century become 
important. The discussions upon the subject 
have shown broadly three different theories in 
regard to aerial domain: (1) the airspace 
above the territory of a state is exclusively 
within the jurisdiction of the subjacent state 
and all entrance to this airspace may be pro- 
hibited; (2) the airspace above the state is 
free to all as the high seas; (3) the air space 
within a zone to a certain distance above of 
the state is exclusively within the jurisdiction 
of the subjacent state and above this zone is 
free to all. The drift of opinion seems to be in 
favor of the position that the air space above 
the area within which a state may exercise its 
jurisdiction is within the jurisdiction of the 
state but that the subjacent state should not 
prohibit the innocent use of this space but may 
regulate such use [Wilson, Int. Law (1910), 
87-90, 120-124]. 

Status of Persons. — The exercise of jurisdic- 
tion over persons forms a subject which has 
large importance in the practice of internation- 
al negotiations (see Alien; Citizenship in 
International Law ; Nationality ) . The na- 
tionals of a state owe allegiance to the state 
and are in general entitled to its protection. 
This protection can be exercised only in a lim- 
ited measure when the national is within the 
limits of a foreign state (see Protection of 
Citizens Abroad). 



209 



INTERNATIONAL LAW, PRIVATE 



Adjustment of Disputes. — The principles of 
international law now extend to nearly all the 
possible relations which may arise among 
states and to nearly all matters to which a 
state may be directly or indirectly a party by 
reason of its relations to the property or per- 
son of nationals of a foreign state. With rapid 
development of arbitration, disputes involving 
different states have been more and more set- 
tled by pacific methods (see Arbitration and 
Peace ; Hague Conferences ) . The arbitral 
method while vastly more to be desired than 
war still is arbitral, and decisions seeming to 
have more regard to expediency than to the 
absolute justice of the claims have been rend- 
ered. The next step is that which will settle 
disputes between states by strictly judicial 
rather than arbitral methods without regard 
to expediency and with full regard to the prin- 
ciples of justice and equity, the principles 
upon which lasting settlements can be made. 

Influence of the United States. — To the prin- 
ciples of international law, the United States 
has made many valuable contributions and its 
influence has been toward the establishment of 
justice in international dealings. In the Dec- 
laration of Independence of July 4, 1776, the 
"Thirteen United States of America," declare 
that, "a decent respect for the opinions of man- 
kind requires that they should declare the 
causes which impel them to separation." The 
isolation of the United States in the early 
days of its history made freedom of action 
possible. In 1793 the United States set forth 
the principles of neutrality which have since 
come very generally to prevail. Of these rules 
Canning said, in 1823 "If I wished a guide in 
the system of neutrality, I should take that 
laid down by America in the days of the pres- 
idency of Washington and the secretary- 
ship of Jefferson" (see Neutrality, Prin- 
ciples of). The struggle for freedom of 



commerce and river navigation is shown in the 
American influence in abolishing the Danish 
Sound Dues in 1857, and the American pro- 
tests against other restrictions upon naviga- 
tion (see Danish Sound Dues). The "open 
door policy" in the Far East has more recently 
displayed the attitude of the United States 
in the advocacy of freedom from restraint. 
In the establishment of the laws of war, the 
United States has taken a leading position as 
is shown in the influence of its Instructions 
for the Government of the Armies of the Unit- 
ed States in the Field in 1863, and its support 
of other liberal and humane policies such as 
the exemption of private property at sea (see 
War, International Relations in ) . The 
United States was the first state to bring a 
case before the International Court of Arbitra- 
tion at The Hague in 1902; and other states 
gaining confidence thereby followed until the 
Court obtained the dignity and confidence of 
which it was worthy. The call for the Second 
Peace Conference at The Hague was instigated 
by the United States and many of the most 
important measures of the Conference of 1907 
found in the American delegation warm sup- 
porters. That the principles of international 
law shall be founded on justice and shall pre- 
vail has been a marked characteristic of the 
influence of the United States from the time 
when its power began to be felt in the family 
of nations. 

See Arbitration and Peace; Citizenship 
in the United States ; Claims, Internation- 
al; Commerce, International; Diplomacy 
and Diplomatic Usage; Extraterritorial- 
ity; International Congresses and Confer- 
ences; International Law, Influence of 
the United States on; Neutrality, Prin- 
ciples of. 

Reference: J. B. Moore, Digest of Int. Law, 
I (1906), 1, 11. George G. Wilson. 



INTERNATIONAL LAW, PRIVATE 



Definition and Forms. — This subject embrac- 
es the body of rules observed by the courts in 
deciding cases in which it is alleged that the 
enforcement of the rights of the parties re- 
quires the application of a rule of foreign law. 
It is known by various titles, none of which 
has been universally accepted. The phrase pri- 
vate international law presupposes the exist- 
ence of a body of rules obligatory upon or at 
any rate common to all nations and binding 
upon their courts, the word "private" indicat- 
ing that the rules concern private rather than 
public legal relations. The phrase international 
private law is often used by those who wish 
to emphasize the idea that the rules are in- 
ternational not in any obligatory sense, but 
only in the sense that they are in fact applied 



with substantial uniformity by the courts in 
different countries, with the sanction of the 
local sovereign. The majority of American and 
English writers use the title "conflict of laws," 
implying that the divergence of rules produces 
a conflict for which there must be found a 
solution. Various other phrases have been sug- 
gested, such as "intermunicipal law," "extra- 
territorial effect of law," and "extraterritor- 
ial recognition of rights." 

Conditions of Application. — Whether the dif- 
ference be looked upon as a conflict or as a 
divergence, the foreign rule is said to be ad- 
mitted and applied on the ground of comity 
(see). The conditions under which this prin- 
ciple must be invoked are various. Such a 
condition may, although it does not necessarily. 



210 



INTERNATIONAL LAW, PRIVATE 



arise out of the alienage of one or of both of 
the parties, or out of the fact that the trans- 
action took place abroad; or, while the trans- 
action took place in one country, it may have 
been conducted under the law of another. 

Perhaps several elements of this kind co- 
exist, so that it is necessary to choose not only 
between a rule laid down in the law of the 
country in which tne court sits (lex fori), 
the law of the forum and a foreign rule; but 
also between divergent rules in the law of two 
or more foreign countries. Another important 
element of divergence is that of personal ca- 
pacity. Every person must derive a legal ca- 
pacity to act from the law of some particular 
country. This is called his personal law (lex 
personalis) , but the test which it applies is 
not in all countries the same. In some coun- 
tries, as in Italy, it is nationality ( lex patriae) 
or political allegiance; while in others, as in 
Great Britain and the British dominions and 
in the United States, it is domicil (see), which 
means residence in a place with an intent to 
remain there permanently. 

Domicil. — The conflict between the lex 
patriae and the lex domicilii has given rise to 
the much controverted theory of renvoi, accord- 
ing to which, for example, a court in the Unit- 
ed States, administering the movables of an 
American citizen who dies domiciled in Italy, 
should, because the Italian law adopts nation- 
ality as the test, consider the distribution as 
having been sent back by that law to be de- 
termined in conformity with the law of the 
state in which the deceased formerly resided. 

In the United States and Great Britain, be- 
cause of the divisions of political authority, 
domicil may be treated in the threefold sense 
of : ( 1 ) national domicil, or domicil with 
reference to an independent country; (2) 
quasi-national domicil, or domicil in a state 
of the Union or in one of the British colonies 
or dominions; (3) municipal domicil, or domi- 
cil in a smaller political subdivision. The term 
"commercial domicil" has sometimes been used 
by the courts in a vague and uncertain sense, 
but it has no proper place outside of prize 
law. "Residence," "habitancy," and "citizen- 
ship" are all more or less employed in statutes 
and by the courts in the sense of domicil. 

The question of domicil is specially impor- 
tant not only as affecting personal capacity, 
e. g., to marry, to enter into marriage settle- 
ments, and to contract generally, but also as 
affecting taxation, jurisdiction, succession to 
movables, the administration of estates, and 
the rights of married women and minors. By 
the common law the validity of a marriage was 
determined by the law of the place where the 
ceremony was performed, and this was carried 
so far as to include the question of the capacity 
of the parties to marry; but in certain recent 
decisions, particularly in England, the personal 
law of the parties has to some extent been rec- 
ognized as the test of capacity. 



Jurisdiction. — Questions of jurisdiction are of 
fundamental importance. A foreign sovereign 
and his property are exempt from judicial 
process, and this immunity extends to the per- 
sons and property of his diplomatic agents. 
The determination of titles to real property 
belongs to the courts of the territorial sover- 
eign; but a court of equity may, for the pur- 
pose of securing the execution of a contract 
or a' trust, or of preventing fraud, or in the 
case of a railway in more than one jurisdic- 
tion, or on the ground of domicil within the 
jurisdiction, compel a party before it to take 
certain action in regard to foreign immovables. 

Criminal Proceedings. — The courts of one 
country will not enforce penal sentences pro- 
nounced by the courts of another country, nor 
does a foreign conviction of an infamous offence 
disqualify a witness, although such conviction 
may be proved to impeach his credibility. As 
between the states of the United States the 
question whether a law is penal depends upon 
whether its purpose is to punish an offence 
against public justice or to afford a private 
remedy to a person injured by a wrongful act. 
A state or country has jurisdiction of criminal 
acts committed within it by persons outside, on 
the ground that the offence may be considered 
as having been committed where the act takes 
effect. 

Civil Proceedings. — In civil matters, the 
courts of a country are usually open to all 
suitors, in proceedings either against the per- 
son (in personam) or against a thing (in 
rem). Personal actions of a transitory nature 
may be brought within any jurisdiction in 
which the defendant is found. A cause of ac- 
tion is transitory when it might have arisen 
anywhere; it is local if it could have arisen 
only in one place. It is essential to jurisdic- 
tion in actions in personam that the defendant 
should have been served with process within 
the territory or that he should have voluntari- 
ly appeared; and this rule applies to actions 
against a foreign corporation. But personal 
service is unnecessary if the defendant is dom- 
iciled in the state or if the action is essential- 
ly in rem. The form of action in rem is most 
extensively employed in maritime and customs 
cases. 

The question of jurisdiction is also material 
in divorce proceedings, the rule being that at 
least one of the parties must be domiciled with- 
in the state or country. While in general the 
domicil of the wife follows that of the husband, 
a wife may have a separate domicil for pur- 
poses of divorce, although she cannot gain it 
by her own wrong. 

One of the most important features of pri- 
vate international law is that relating to mat- 
ters of administration and succession. This 
does not affect realty, the inheritance of which 
is always governed by the local law. If a 
person dies leaving personalty or movables in 
several states oi countries, administration 



211 



INTEKNATIONAL LAW, PEIVATE 



must, in order to be in all respects effective, 
be taken out in each of such countries, the 
principal administration being that of the 
place of the deceased person's last domicil. 
If a person dies leaving no will, the succession 
to his movables is determined by the same law. 
Unlike an executor or administrator, the re- 
ceiver of a bankrupt may sue for the recovery 
of the assets of the estate in a country other 
than that of his appointment without obtaining 
local authority therefor. 

Enforcement of Judgments. — It often hap- 
pens that a judgment recovered in one country 
is sought to be enforced in another. In the 
United States a judgment is considered as "for- 
eign:" (1) if rendered by a court of a foreign 
country; or (2) if rendered by a court in a 
state or territory of the United States other 
than that in which it is sought to be enforced. 
In the first case, the effect to be given to the 
judgment depends upon general principles of 
law, the provisions of the Federal Constitution 
and the legislation of Congress. In neither 
case does the foreign judgment operate direct- 
ly, but is enforced by means of a suit brought 
upon it. 

Where foreign judgments do not affect mat- 
ters of local policy, it has generally been held 
in England and the United States that they 
are conclusive as to the merits of the contro- 
versy, unless it can be shown that the proceed- 
ing was tainted with fraud. The force of this 
rule was impaired by a decision of the Su- 
preme Court of the United States in 1895 to 
the effect that a judgment was to be considered 
as only prima facie evidence of the justice of 
the plaintiff's claim, where this was shown to 
be the rule as to the effect of foreign judgments 
in the country in which the judgment was ren- 
dered. 

Interstate Judgments and Records. — As be- 
tween the states of the United States the reg- 
ulation of the matter is affected by the pro- 
vision of the Constitution (Art. IV, Sec. i) 
that full faith and credit shall be given in each 
state to the public acts, records and judicial 
proceedings of every other state. Under this 
clause and the federal statutes, records and 
judicial proceedings are entitled in every court 
in the United States to the same faith and 
credit as they have by law or usage in the 
courts of the state or territory from which 
they are taken. 

These provisions do not apply to judgments 
for the enforcement of fines or penalties, or 
in regard to questions of inheritance. More- 
over, the question whether the court by which 
the judgment was rendered had jurisdiction of 
the parties and the subject-matter is always 
open to examination, jurisdiction being essen- 
tial to the rendering of a judgment. 

This condition is peculiarly applicable to 
judgments of divorce; nor have such judgments 
international or interstate validity unless at 
least one of the parties was domiciled within 



the jurisdiction. Personal disabilities imposed 
by a decree of divorce, such as the disqualifi- 
cation of the guilty party to marry again, 
being penal in their nature, do not operate 
extraterritorially ; but a decree for alimony 
granted in one state may be enforced in an- 
other. 

Bankruptcy. — An assignment under tho 
bankruptcy law of a foreign country has of 
itself no extraterritorial force; but the title 
of the foreign assignee to movables may be 
asserted by him in the courts, subject to the 
claims. of domestic creditors and the rules of 
public policy. A discharge in bankruptcy under 
the law of a foreign country has of itself no 
force in the United States; but the reorganiza- 
tion of a foreign railway corporation, under 
the authority of an act of the legislature of 
the country to which it belonged and with the 
assent of a majority of the holders of its bonds 
and stock, was held to be binding on citizens 
of the United States who had not assented. 

Corporations. — Subject to proper local regu- 
lation, a corporation created by one sover- 
eignty is permitted to make contracts in an- 
other and to sue and be sued in its courts. 
In respect of the enforcement of the personal 
liability of a resident stockholder of a foreign 
corporation it is held: (1) if such liability 
rests in contract merely, it will be enforced 
everywhere; (2) if it grows out of a statute 
of the state to which the corporation belongs, 
its enforcement will generally be conceded if 
the liability is in its nature contractual; (3) 
its enforcement will not be conceded if the 
statute is in its nature penal. 

Family Relations. — Private international 
law is also concerned with family relations, in- 
cluding those of guardian and ward, and legiti- 
macy. 

Movables. — Movables have a situs at the 
place of the owner's domicil for purposes of 
taxation as well as for other purposes, on the 
theory that they follow the owner's person 
(mobilia personam sequuntur) . This prin- 
ciple applies to a voluntary assignment of 
movables for the benefit of creditors. But, 
with the great increase in the quantity and 
dispersion of movables, they have come to be 
considered more and more as having a situs 
apart from the domicil of their owner, and to 
be subject to the law of such situs (lex situs), 
under which the courts may refuse to enforce 
the assignment as against domestic creditors 
or upon other grounds of interest or of policy. 

Contracts. — W 7 ith respect to contracts the 
following rules are observed: the mode of 
their execution or solemnization is subject to 
the law of the place where such execution or 
solemnization occurs {lex actus) ; their essen- 
tial validity is governed by the law with a view 
to which they were made, and this, in matters 
of performance, is the law of the place of per- 
formance (lex loci solutionis) ; their interpre- 
tation is governed by the law which the parties 



212 



INTERNATIONAL LAW, SOURCES OT 



had or may be presumed to have had in view in 
making them. 

Procedure. — Procedure, which includes forms 
of suit and of process, matters of pleading, 
questions of costs, and the kind and amount of 
evidence necessary to prove a cause of action, 
is governed by the lex fori. So with the lim- 
itation of actions; but, if the statute in force 
where the cause of action arose extinguishes 
the debt or obligation and does not merely 
bar the remedy, it governs. The rule that the 
lex fori governs in matters of limitation has 
in some jurisdictions been modified by statute. 
Courts are not bound to take judicial notice 
of foreign laws, which must be proved as facts. 
Actions for damages for torts (civil injuries) 
to person or to property, being considered as 
transitory, may generally be maintained in 
any jurisdiction in which the defendant can be 
legally served with process, provided the act 
also constitutes an actionable wrong by the 
lex fori; but, as between the States of the 
United States, this rule has to a certain extent 
been relaxed. 

Personal Injuries. — By the common law an 
action for damages for personal injury died 
with the plaintiff. In time statutes were 



adopted in England and in the United States 
by which the right of action in such case sur- 
vived to the personal representatives of the de- 
ceased. In the United States these statutes 
were in the first instance held to be penal in 
their nature. This view was soon abandoned 
in favor of the rule that the action might be 
maintained if there existed a similar statute 
in the state in which the action was brought; 
and later the courts went further and held 
that the action might be maintained even 
though there was no similar statute in the 
state in which the action was brought. 

See Comity, International and Inter- 
state; Expatriation; Extradition, Interna- 
tional; Individualism, Theory of; Interna- 
tional Law, Principles of; Lex Fori; Na- 
tionality; Protection to American Citizens 
Abroad. 

References: J. Story, Conflict of Laws 
(1883) ; F. Wharton, Conflict of Laws (1905) ; 
J. Westlake, Private International Law 
(1912) ; A. V. Dicey, Conflict of Laws (1908) ; 
F. Meili, International, Civil and Commercial 
Law (Kuhn's translation, 1905) ; Am. Year 
Booh, 1911, 149, and year by year. 

John B as sett Moore. 



INTERNATIONAL LAW. SOURCES OF 



The idea of "sources" in connection with in- 
ternational law has been differently understood 
by writers upon the subject, many of whom fail 
to distinguish between the evidences of inter- 
national law and the historical facts which 
have given rise to its rules. Other writers ap- 
pear to confound with "sources" the idea of 
"causes," i. e., the more or less remote influ- 
ences which have brought about the adoption 
of certain rules. 

Usage. — Considering international law as a 
body of rules actually accepted by nations as 
regulating their mutual relations, it follows 
that the consent of nations to abide by a given 
rule is essential to the admittance of that rule 
into the body of international law. Usage is 
the chief fact in which that consent is embod- 
ied, and it is thus the chief source of inter- 
national law. It postulates the implied consent 
of the nations which abide by it. It originates 
in the free practice of individual nations. In 
time other nations are led, for reasons of per- 
sonal convenience or under stress of moral 
compulsion from their stronger neighbors, to 
adopt the same practice. Gradually long usage 
hardens into custom and comes to be regarded 
as binding upon the parties to it. There is 
thus formed a body of customary law which 
constitutes by far the more important part 
of international law. 

An instance of the growth of international 
usage into fixed custom is to be found in the 



213 



history of the development of maritime law. 
The Rhodian Laws became the basis of a body 
of international maritime usages beginning as 
far back as the eighth century. Later codes of 
maritime law, the Tabula Amalfltana, the Laws 
of Oleron, and notably the Consolato del Mare, 
a collection of rules and customs made in the 
fourteenth century, show that usage was grad- 
ually becoming more fixed. The ultimate force 
attained by the usages of maritime intercourse 
is thus expressed by Justice Strong in the case 
of the Scotia [81 U. 8. 170 (1871)]: "Un- 
doubtedly, no single nation can change the law 
of the sea. That law is of universal obligation, 
and no statute of one or two nations can create 
obligations for the world. Like all the laws 
of nations, it rests upon the common consent 
of civilized communities." The breaking up of 
the Empire of Charlemagne and the develop- 
ment of independent states resulted in the un- 
conscious growth of usages which gave expres- 
sion to the fundamental facts of state exist- 
ence, such as the sovereignty of a state within 
its own domain ; and to the fundamental moral 
principles involved in international intercourse, 
such as the sanctity of treaty obligations. By 
the time of the Treaty of Westphalia in 1648, 
these usages had hardened into fixed custom. 
Usages relating to the conduct of war devel- 
oped more slowly, but have now become in 
large part codified by the conventions of the 
two Hague Conferences. Of usages based upon 



INTERNATIONAL LAW, SOURCES OF 



international convenience, some have become 
law, while others, by reason of their limited 
application or their uncertainty, are still law 
in the making. 

Treaties. — As usage is the older and original 
source of international law, so treaties are the 
later source. Strictly speaking, only such 
treaties as are entered into by the whole family 
of nations, and which enact new rules of inter- 
national conduct, can be considered as sources 
of international law. Treaties entered into 
between two or more nations constitute what 
may be called either particular or general in- 
ternational law, according to the number and 
importance of the parties to them. They form 
the basis of a custom which may in time be- 
come universal from the adoption of it by other 
nations, and may thus come to constitute inter- 
national law in its strict sense. There are, 
indeed, special cases in which the adhesion of 
other nations to a treaty concluded between 
two or more states gives to the original treaty 
the character of a true source of international 
law. 

Since the First Hague Conference of 1899 
{see Hague Conferences), international treat- 
ies, in which the whole family of nations finds 
representation, have become an increasingly im- 
portant source of international law. At that 
conference important agreements were entered 
into which gave universal application to certain 
existing usages of limited practice, abolished 
certain others, prescribed new rules of inter- 
national conduct, denned rights, and imposed 
definite obligations. The Hague Conference of 
1907 legislated upon a more extensive scale, 
and it is not improbable that future confer- 
ences will in time draw up a code covering the 
entire field of international relations. 

It is important, however, to note that the 
condition appended to such conventions as 
those adopted at the First and Second Hague 
Conferences, to the effect that the particular 
convention may be at any time denounced by 
the parties to it upon due notice, gives to these 
conventions rather the character of a tempo- 
rary code of international law. It is only when 
the rules stipulated for in such conventions 
have so grown into custom that the right of 
denunciation by a given nation may be regard- 
ed as abandoned, that the conventions can rank 
in importance with the long established rules 
of customary law. 

Publicists. — Most of the older writers on 
international law, and not a few writers of 
the present day, consider as "sources" of inter- 
national law the influences which have brought 
about its development, and moreover, many 
also include as "sources" facts which are mere- 
ly the evidence of the existence of an interna- 
tional custom. The most prominent of these 
influences and evidences are: the works of fa- 
mous writers on international law; the deci- 
sions of national prize courts ; and treaties of a 
law-making character, either between two na- 



tions or between a limited number of nations, 
or between the great powers as a body. 

The works of text writers of authority, be- 
ginning with the publication in 1625 of the 
great work of Grotius, Be Jure Belli et Pacis, 
have greatly aided in the development of inter- 
national law. They may be considered, first, 
as testimony to the existence of international 
custom, and with this object they are often 
quoted by judicial tribunals. Mr. Justice Gray, 
in rendering the opinion of the court in the 
case of "The Paquete Habana" (175 U. 8. 677) 
said : 

International law is part of our law, and must 
be ascertained and administered by the courts of 
justice of appropriate jurisdiction, as often as 
questions of right depending upon it are duly pre- 
sented for their determination. For this purpose, 
where there is no treaty, and no controlling exec- 
utive or legislative act or judicial decision, resort 
must be had to the customs and usages of civilized 
nations ; and, as evidence of these, to the works of 
jurists and commentators, who, by years of labor, 
research, and experience, have made themselves 
peculiarly well acquainted with the subjects of 
which they treat. Such works are resorted to by 
judicial tribunals, not for the speculations of their 
authors concerning what the law ought to be, but 
for trustworthy evidence of what the law really is. 

Secondly, the opinions of such writers, by their 
influence upon the executive, legislative, or 
judicial departments of the government, are 
often of great weight in determining the in- 
dividual conduct of a nation, and they thus 
lay the basis of a practice which may in time 
become general, and finally obtain the binding 
force of fixed custom. 

The theory of the Grotian school that inter- 
national law gives expression to an absolute 
right possessed by a nation independently of 
the acknowledgment of that right by other 
nations, and more particularly the theory of 
the "naturalist" school of Pufendorf, denying 
the legal force of a law of nations based upon 
treaty and custom, naturally led the writers 
of those schools to make clear and definite 
statements of the general moral principles in- 
volved in international relations. If at the 
same time those writers fail to examine critic- 
ally the actual state of the law and to distin- 
guish between what is the law and what should 
be the law, it is doubtless true that the prin- 
ciples advocated in their works have frequently 
played the part of real sources of law, because 
of the judicial assumption that nations would 
not deviate in practice from them. 

Court Decisions. — The decisions of national 
prize-courts, and of other municipal courts in 
cases involving international relations, while 
pretending to apply and give effect to inter- 
national law, frequently express the interpre- 
tation put upon international custom by their 
government, and in many cases do no more 
than set forth the ideas of their government as 
to what should be the rules of international 
conduct. They operate to render stable the 
practice of their own country and thus con- 
tribute to the adoption of that practice by 
other nations. In the case of Bentzon vs. Boyle 



214 



INTERNATIONAL LAW, TREATIES IN— INTERNATIONAL UNIONS 



[9 Cr. 131 (1815)], Chief Justice Marshall 
said: "The decisions of the courts of every 
country show how the law of nations, in the 
given case, is understood in that country, and 
will be considered in adopting the rule which 
is to prevail in this." The decisions of Sir 
William Scott, in the English High Court of 
Admiralty, have had a most important influ- 
ence in the development of the law regulating 
the conflicting rights of neutrals and belliger- 
ents in time of maritime war. 

Treaties between a few nations only, by 
which the parties bind themselves to adopt a 
given rule in their international relations, can 
be regarded as factors in the development of 
international law in so far as they have in- 
fluenced other nations to adopt the same rule 
and thus to establish a general usage which 
later develops into custom. Of this character 
was the Declaration of Armed Neutrality (see) 
issued by Russia in 1780 and immediately ad- 
hered to by Sweden and Denmark, the object of 
which was to check the excessive pretensions 
of England to restrict neutral trade with her 
enemies. Other countries acceded to the dec- 
laration in the course of the following year, 
and the principles set forth in it finally be- 
came the accepted rule. 

What has been said of treaties between a few 
nations only is particularly true when all or 
a majority of the great powers are parties to 
the treaty. The authority of such treaties has 
generally imposed itself upon nations not par- 
ties to them. Moreover, when it is expressly 
stated in the treaty that nations not parties 
to it are invited to adhere to it, the actual ad- 
herence of other nations may constitute the 
original treaty a true source of international 
law. An important example of such a treaty 
is the Declaration of Paris (see) of 1856, 
signed by Great Britain, Austria, France, Prus- 
sia, Russia, Sardinia, and Turkey. The four 
rules with regard to maritime warfare which 
were formulated by it have, by the subsequent 
-adhesion of eighteen other states, entered prac- 
tically into the code of international law, as 
is shown by the fact that the United States, 
though for particular reasons not a party to 
the declaration, announced that it would abide 



by the declaration in carrying on its war with 
Spain in 1898. 

Arbitral Decisions. — The decisions of arbitral 
courts, while undoubtedly of great weight in 
determining the future practice of the nations 
that are parties to the case, and frequently of 
weight in causing the adoption by other nations 
of the rule embodied in the decision, have not 
in any way the authority of an expression of 
settled principles of international law. It is 
only when such a principle asserted by an ar- 
bitral tribunal has in time become invested 
with the force of international custom that it 
can be regarded as international law. Thus 
the three rules relating to the duties of a neu- 
tral, set forth in the Treaty of Washington, 
and applied by the Geneva Arbitration Tribu- 
nal .(see) in 1871, while not formally accepted 
by the other powers, exercised great influence 
in causing the adoption at The Hague in 1907 
of several articles of the convention respecting 
the rights and duties of neutrals in maritime 
warfare. 

See Diplomacy and Diplomatic Usage; 
International Law, Influence of the Unit- 
ed States on; International Law, Prin- 
ciples of; International Law, Private; Ju- 
risprudence; Law, Constitutional, Ameri- 
can; Monroe Doctrine; Neutrality, Prin- 
ciples of; Treaties in International Law; 
War, International Relations of. 

References: H. Wheaton, Hist, of Int. 
Law (1845) ; L. Oppenheim, "Science of Int. 
Law: its Task and Methods" in Am. Jour, of 
Int. Law (1908), II, 313-356; H. W. Halleck, 
Int. Law (1861), 53, 63; J. B. Moore, Digest of 
Int. Lata (1906), I, §§ 1, 2, Hist, and Digest 
of Int. Arbitrations (1896); W. M. Malloy, 
Treaties and Conventions of the U. S. (1910) ; 
Am. Year Book, 1911, 149, and year by year; 
bibliography in A. B. Hart, Foundations of 
Am. For. Policy (1905), ch. viii; C. Calvo, Le 
Droit International Theorique et Pratique 
(1896), VI, 29-41; F. de Holzendorff et A. Ri- 
vier, Introduction au Droit res Gens (1889), 
79-147, 351-494. Charles G. Fenwick. 

INTERNATIONAL LAW, TREATIES IN. 

See Treaties in International Law. 



INTERNATIONAL UNIONS 



Occasions. — World union in the broadest po- 
litical sense is still an ideal which arouses en- 
thusiasm but possesses little content for the 
practical man of affairs. Because of its dis- 
regard of nationalism and all the bonds that 
hold men together in special interest groups, 
the old internationalism remains a "bright 
star which we shall never reach though it al- 
ways guides us." 

But the growing intelligence of the world 
and the increasing ease of communication are 



breaking down at particular points- the old 
prejudices that looked on all foreigners as bar- 
barians. Private and public interests cross 
national boundaries and are creating a host of 
international unions by which the life of all 
countries is becoming institutionalized. In 
contrast to the old pacifism which was purely 
negative these new unions are positive forces 
in our public life. They emphasize the common 
interests of mankind; world unity is brought 
into its relations with actual facts. Instead of 



215 



INTEKNATIONAL UNIONS 



the world embracing internationalism of the 
eighteenth century, the dominating factors of 
the new world organizations are the concrete 
practical advantages to be reaped by social, 
economic and political cooperation. 

Number. — International organization is a re- 
ality. There are over one hundred and fifty 
international unions composed of private in- 
dividuals with permanent organizations for the 
advancement of industry, commerce, or science. 
Governments have recognized the necessity of 
cooperation in activities which can not well be 
controlled by private organizations. There are 
almost fifty of these public international un- 
ions composed of states; of these, thirty pos- 
sess administrative bureaux or commissions. 

Significance. — Any state which wishes to 
make the most of its position in the world is 
compelled to international cooperation. It 
must avail itself of the privileges of the world 
community, and it must bear its obligations. 
As this community of interests increases, the 
incentive to war must decrease. International 
unions become, thus, one of the most important 
constructive agencies in the development of 
international law and the maintenance of peace. 

Purposes. — The causes which have worked 
for the formation of international unions are 
largely economic. The development of trans- 
portation has forced uniformity of regulations 
for freight transfer and postal and telegraph 
services. In industry and other economic en- 
terprises the adoption of an advanced stand- 
ard by one country has made those within its 
borders whose interests were affected anxious 
for the extending of the same standard by 
treaties to other countries, in order that the 
basis of fair international competition may be 
maintained. Thus developed the international 
unions affecting agriculture, labor, sugar pro- 
duction and other economic activities. Guard- 
ing the public health forced a third sort of 
cooperation — for the improvement of sanita- 
tion and the prevention of importation of con- 
tagious diseases. Finally, there are unions the 
interests of which are of a more general char- 
acter covering a large group of subjects upon 
which states have found it necessary or ad- 
visable to secure united action. 

Basis of Interests. — The growth of these in- 
ternational agencies has brought into existence 
a large body of rules found in treaties or less 
formal agreements. By them our idea of inter- 
national law is being modified; we no longer 
think of it only as an outgrowth of the philos- 
ophy of natural law but we see that it is 
rapidly coming to be law enacted from the 
point of view of international relations, it is 
becoming less a work of the intellect and more 
the concrete expression of interests and activ- 
ities already developed in the life of the world. 
Common interest rather than logic alone is 
coming to be the force that works for homo- 
geneous development, uniformity and simplic- 
ity in the rules of international relations. 



Sanction. — The common interest, too, fur- 
nishes not only the incentive toward the form- 
ing of organizations for the common interna- 
tional benefit, but it makes possible, also, a 
sanction enforceable against any state which is 
delinquent in its duties. The real sanction in 
international administrative law lies in the 
eventual exclusion of the delinquent state from 
the privileges of the union. The sanction will 
not always be of equal force, but in some of the 
unions it is amply sufficient to secure careful 
observance of treaty obligations. The privi- 
leges of the union may be so important to the 
economic life of the state that exclusion from 
membership would be a penalty to be avoided 
by all possible means. 

Effect on Nationalism. — So strong may the 
international consciousness become indeed that 
we may have indirectly a decrease of the im- 
portance of the national ideal. The gradual in- 
crease of international economic, political and 
social interests may reduce the enthusiasm for- 
merly lavished on the smaller unit. National 
sovereignty would become blended in the larger 
interests which the state and the individual 
would have acquired in world affairs. Such a 
development, if it ever comes, must come, if 
we are to judge by present developments, not 
by the former enthusiasm for an abstract cos- 
mopolitanism but from the fact that individual 
and national interests will outgrow national 
boundaries. International unions giving ex- 
pression to the wider interests of mankind are 
one of the instruments by which that develop- 
ment is made possible. 

Principal Unions. — The extent to which the 
life of the world is already institutionalized is 
indicated by the wide scope of the activities of 
the more important international unions: 

I. COMMUNICATION. 

The Telegraphic Union. 

The Universal Postal Union. 

The International Union of Railway Freight 
Transportation. 

Automobile Conference. 

The Permanent International Association of Navi- 
gation Congresses. 

II. ECONOMIC INTERESTS. 
The Metric Union. 

Union for the Publication of Customs Tariffs. 
The Sugar Convention. m 

Conventions for Protection of Industrial and 
Literary Property. 
Conventions for the Protection of Labor. 

III. SANITATION AND PRISON REFORM. 

The International Prison Congress. 

International Sanitation. 

Pan American Sanitary Union. 

The International Opium Commission. 

The Geneva Conmission. 

IV. CONVENTIONS RELATING TO POLICE 

POWERS. 

Fisheries Police. 
Protection of Submarine Cables. 
African Slave Trade and Liquor Traffic. 
Repression of the White-Slave Trade. 
The South American Police Convention. 

V. CONVENTIONS FOR SCIENTIFIC PURPOSES. 
The International Geodetic Association. 
The International Electrotechnical Commission. 
The Seismological Union. 
Exploration of the Sea. 
The Pan American Scientific Congress. 



216 



INTERNATIONAL WORKINGMEN'S ASSOCIATION— INTERPELLATIONS 



Of a wider character and more general in- 
fluence are: (1) The International Union of 
American Republics, the purposes of which are 
the promotion of general American interests. 
Unlike most of the other Unions its member- 
ship as its title indicates is geographically 
limited. (2) The general international union 
represented by the Hague Conferences and the 
judicial bodies created through their actions. 

See Aemed Neutrality; Comity, Interna- 
tional and Interstate; Commerce, Inter- 
national; Declaration of Paris; Disarma- 
ment; Extraterritoriality; Hague Confer- 
ences; International Congresses and Con- 
ferences; Isolation Policy; Maritime War; 
Navigation of International Rivers; Open 
Door; Pan American Congresses; Postal 
Union. 

References: P. S. Reinsch, Public Interna- 
tional Unions (1911), detailed bibliographies 
of the unions; L. Poinsard, Le droit Interna- 
tional au XXme Steele (1907) ; P. Kananski, 
General Administrative Unions of States (in 
Russian, 1897), "Die allgemeinen Staatenver- 
eine" in Jahrbuch der int. Vereingung VI 
(1904) ; W. Schucking, "L'organisation Inter- 
nationale" in Revue Generale de Droit, XV 
(1908), 5- Chester L. Jones. 

INTERNATIONAL WORKINGMEN'S AS- 
SOCIATION (AMERICAN). This organiza- 
tion, established in America in 1881, is to be 
distinguished from both the European organiza- 
tion of the same name (see) and the Interna- 
tional Working Peoples' Association (I. W. P. 
A.) The membership of the I. W. A. lay chief- 
ly west of the Mississippi, and largely on the 
Pacific coast and was made up, for the most 
part, of English speaking American working- 
men and farmers. They complained of the 
abuses of political parties, the manipulation 
of primaries, caucuses, and elections, the use 
of money, and of the baleful influence of 
"priest, press and politician," in preventing the 
people from electing honest representatives, and 
because no means existed by which the people 
could punish or recall unfaithful public serv- 
ants. They declared for a system of coopera- 
tive society as a means of justice to all. The 
association was organized in "groups," and in 
1887, it enrolled about 6,000 members, when 
union was attempted with the Socialist Labor 
party (see). While no fusion was formally 
declared the membership of the association was 
gradually absorbed into the larger body of 
the Socialists and the separate organization 
soon disappeared. See Labor Parties ; Social- 
ism. References: R. T. Ely, Labor Movement 
in America (3d ed., 1905), ch. ix; M. Hill- 
quit, Hist, of Socialism in the United States 
(1903), 253-255. J. A. W. 

INTERNATIONAL WORKINGMEN'S AS- 
SOCIATION (EUROPEAN). This society 
was organized in London in 1864. Its 



217 



declaration of principles was drawn by 
Karl Marx, the founder of modern so- 
cialism (see). The various national labor 
organizations were to affiliate with the in- 
ternational in a general council of delegates 
forming an association of workingmen of the 
progressive countries (England, Germany, 
France, Italy, Poland, Switzerland) to demon- 
strate the international character of the so- 
cialist movement. Its active life was chiefly 
between 1866 and 1876, during which period 
it held six international congresses. In 1872, 
the seat of the council was moved from London 
to New York. This association exercised influ- 
ence on the labor movement in the United 
States chiefly through the influence of those of 
its members, who, upon coming into America, 
became members of "sections" or societies af- 
filiated with the international and, also, by be- 
coming members of the "American Labor 
Union." A national convention was held on 
July 6, 1872, in New York which assumed the 
official name "North American Federation of 
the International Workingmen's Association." 
See Labor Parties. References: M. Hillquit, 
Hist, of Socialism in the United States ( 1903 ) , 
175-183; R. T. Ely, The Labor Movement (3d 
ed., 1905), ch. ix. J. A. W. 

INTERPARLIAMENTARY UNION. A so- 
ciety organized in 1888 by Randal Cremer and 
Frederic Passy, and composed of members of 
national parliaments, having for its object the 
amelioration of international relations through 
the influence of its members in securing proper 
national legislation. See Arbitration and 
Peace. References: H. Evans, Sir Randal 
Cremer— His Life and Work (1910); C. H. 
Lange, Union Interparlementaire (2d ed., 
1911). J. B. S. 

INTERPELLATIONS IN CONTINENTAL 
CHAMBERS. In continental states possessing 
responsible parliamentary government, the or- 
dinary tool for enforcing ministerial respon- 
sibility is the interpellation. This procedure 
is most fully developed in the French Chamber 
of Deputies. Originally an interpellation there 
resembled a question in the House of Commons 
(see Questions in Parliament), and in ap- 
pearance it does still. But the request for 
information is now really made in order to 
bring on a debate regarding general ministerial 
policy or some particular ministerial act. De- 
bate is followed by motions and a vote on 
which the fate of the ministry often hangs. 
The interpellation having been drawn up and 
handed to the president, the chamber fixes, if 
it so desires, a day for debate. Following the 
debate, which is general in character, motions 
are - made to pass to the order of the day. 
These motions are said to be "with a motive" 
{motive) when, as usually happens, they con- 
tain expressions of approval or disapproval 
of the ministry. The government ordinarily 



INTERPOSITION— INTERSTATE COMMERCE AND CASES 



announces what motion is acceptable to it. 
If this is rejected or a hostile motion adopted, 
in any matter of importance, the ministry re- 
signs. The Italian practice resembles the 
French. In countries without responsible gov- 
ernment interpellations, so-called, are compara- 
tively unimportant. The defect in this method 
of enforcing ministerial responsibility is pat- 
ent. The vote, whereon the ministry stands or 
falls, is not on the general record but on some 
particular question. Motions are framed with 
such cunning and nicety that a well wisher of 
the ministry is often induced to vote to turn 
it out. Publicity and responsibility are se- 
cured, but stable continuous leadership is sacri- 
ficed: See Legislative System in Europe; 
Party System in Europe. References: A. L. 
Lowell, Governments and Parties in Continent- 
al Europe (1896), I, 117-126, 210, 258, 300, 
II, 89, 159, 209, n. 3; A. Esmein, Elements de 
Droit Constitutional Francais et Compare 
(4th ed., 1906), 858-861, 866-867. 

H. A. Y. 

INTERPOSITION. The Virginia Resolutions 
of 1798 {see Virginia and Kentucky Resolu- 
tions) declare that the powers of the Federal 
Government result from the compact to which 
the states are parties, and "that, in case of a 
deliberate, palpable and dangerous exercise of 
other powers not granted by the said compact, 



the States, who are parties thereto, have the 
right and are in duty bound to interpose for 
arresting the progress of the evil" and for 
maintaining their rights. What was meant by 
interposition ? It has sometimes been asserted 
that it meant nothing more nor less than nulli- 
fication by a single state. Madison declared, 
in later years, that such was not the meaning. 
It is not unlikely that nothing more was in- 
tended than to secure, by cooperation among 
the states, a general expression of opinion. 
But it is possible that the framers had in mind 
a convention of the states to pass upon the 
Constitution or that they planned authoritative 
interpretation by amendment. See Nullifica- 
tion Controversy; State Sovereignty. Ref- 
ences: W. MacDonald, Select Documents 
(1903), 155-157; H. von Hoist, Constitutional 
History (1877-1892), I, ch. iv. A. C. McL. 

INTERPRETATION. In ascertaining the 
meaning of a written instrument it is neces- 
sary to take into account all its parts and 
ascertain the bearing of each upon the other; 
and this is interpretation as distinguished from 
construction, which relates to the ascertain- 
ment of the intent of the framers of the instru- 
ment with reference to the subject matter to 
which it relates. But the two terms are by 
general usage interchangeable. See Construc- 
tion and Interpretation. E. McC 



INTERSTATE COMMERCE AND CASES 



Evolution of the Subject.— From the brief 
statement in the Federal Constitution that 
Congress shall have power "to regulate com- 
merce with foreign nations and among the 
several states and with the Indian tribes" (Art. 
I, Sec. viii, ^ 3) has been evolved by judicial 
decision in a multitude of cases the body of 
the present law relating to interstate commerce. 
The leading cases in the Supreme Court of the 
United States will best be understood by their 
statement substantially in chronological order, 
grouping with each, however, subsequent cases 
relating to the same general subject matter. 

What is Commerce; Exclusive Federal Pow- 
er. — The earliest and most important an- 
nouncement as to the scope and effect of the 
constitutional provision is found in Gibbons 
vs. Ogden (1824, 9 Wheaton 1). Ogden, as 
assignee of Livingston and Fulton, asserted 
in the courts of New York the exclusive right 
to navigate with steam vessels the waters with- 
in the jurisdiction of that state under a state 
grant, and sought to enjoin Gibbons from using 
certain steam vessels in navigating said wa- 
ters. Gibbons relied upon the fact that his 
vessels were duly licensed under an act of 
Congress to be employed in carrying on the 
coasting trade and insisted upon the unconsti- 



tutionality of the act granting exclusive privi- 
leges to Livingston and Fulton. The state 
courts sustained the claim of Ogden, and Gib- 
bons appealed to the Supreme Court of the 
United States, relying on the commerce clause, 
(a) The court held that commerce, as the 
term is used in the constitutional clause, is 
not limited to traffic involving the buying and 
selling or interchange of commodities, but in- 
cludes also navigation, and as applied to the 
use of waters within the jurisdiction of any 
state for the purposes of interstate as well as 
foreign commerce confers upon Congress the 
power to regulate such navigation, the power 
conferred not being limited by state bounda- 
ries. The principle has been broadly extended 
to cover transportation of goods and passengers 
between points in different states either over 
internal waters (The Daniel Ball, 1870, 10 
Wallace 557) or by common carriers engaged 
in land transportation (Smith vs. Alabama, 
1888, 124 U. 8. 465). Further extending the 
term "commerce" to cover commercial inter- 
course, it was held in Pensacola Telegraph Co. 
vs. Western Union Telegraph Co. (1877, 96 
U. 8. 1) that it includes the transmission of 
information by telegraph, and accordingly a 
state statute was held invalid which granted 



218 



INTERSTATE COMMERCE AND CASES 



an exclusive privilege to a telegraph company 
within specified limits, in contravention of an 
act of Congress which granted to telegraph 
companies in general privileges in relation to 
the public domain, the military or post roads 
and the navigable waters of the United States. 
But it has been held that the buying and selling 
of foreign bills of exchange (Nathan vs. Louis- 
iana, 1850, 8 Howard 73) and the transaction 
by foreign corporations of the business of fire, 
marine, or life insurance are not interstate 
commerce (Paul vs. Virginia, 1868, 8 Wallace 
168; Hooper vs. California, 1895, 155 U. 8. 
648 ; New York Life Ins. Co. vs. Cravens, 1900, 
178 U. S. 389). However, in the Lottery Case 
(Champion vs. Ames, 1903, 188 U. 8. 321) it 
was held that the carrying from one state 
to another by a common carrier of lottery 
tickets constitutes commerce which Congress 
has the power to regulate, and in this case 
the court makes the broad statement that com- 
merce "embraces navigation, intercourse, com- 
munication, traffic, the transit of persons, and 
the transmission of messages by telegraph." 

(b) The case of Gibbons vs. Ogden is also 
authority for the broad propositiion that the 
exercise by Congress of the power to regulate 
excludes like exercise of power on the part of 
the states and that when Congress has acted 
with reference to a particular subject matter 
state regulations as to the same subject matter 
must give way, so that in this respect there is 
not coordinate authority on the part of the 
states with Congress. 

State Regulations as to Dams, Bridges, Pi- 
lots, and Quarantine. — Soon after the an- 
nouncement of the decision in Gibbons vs. Og- 
den, discussed in the previous paragraph, the 
Supreme Court announced its conclusion that a 
state might authorize the obstruction of navi- 
gable waters by a dam, no affirmative legisla- 
tion of Congress being found applicable to the 
subject matter (Willson vs. Black-Bird Creek 
Marsh Co., 1829, 2 Peters 245). This recogni- 
tion " of a concurrent state power as to com- 
merce which might be exercised so far as not 
in contravention of Congressional legislation 
and so far as the subject matter was not one 
admitting only of a uniform system of regula- 
tion involving exclusive regulation by Con- 
gress was extended to state regulation 
of pilots, that subject having been by an 
act of Congress expressly relegated to state 
legislation (Cooley vs. Board of Wardens, 1851, 
12 Howard 299). In Escanaba Co. vs. Chicago 
(1822, 107 U. -8. 678) it was held that local 
regulations of the city of Chicago as to the 
opening and closing of bridges obstructing the 
navigation of the Chicago River were valid even 
as applied to vessels licensed under the laws 
of the United States in the coasting trade; 
but in Harman vs. Chicago (1893, 147 U. 8. 
396) an ordinance of the same city requiring 
the payment of a license for the privilege of 
navigating the Chicago River and its branches 



by tug boats was held to be in conflict with 
legislation of Congress under which licenses 
were granted for carrying on the coasting 
trade. In Morgan's Steamship Co. vs. Louisi- 
ana Board of Health (1886, 118 U. S. 455) 
state quarantine regulations were sustained 
as against the contention that they inter- 
fered with interstate commerce, it being con- 
ceded, however, that whenever Congress should 
undertake to provide a general system of quar- 
antine all state laws on the subject would be 
abrogated, at least so far as they were in con- 
flict with the general regulations of Congress. 
State Licenses on Interstate Commerce. — 
A line of cases in which state legislation affect- 
ing interstate commerce has been held to be 
invalid although not in conflict with any spe- 
cific federal legislation commences with the 
case of Brown vs. Maryland (1827, 12 Wheaton 
419). In that case was involved the validity 
of a statute of Maryland imposing upon im- 
porters of certain designated commodities and 
other persons selling such imported commodi- 
ties by wholesale, bale or package, etc., a li- 
cense tax, and while the state statute was held 
to be invalid specifically because it imposed a 
burden upon importation in conformity with 
acts of Congress, the general tenor of the de- 
cision was that the states can not thus inter- 
fere with the general commerce which is placed 
within the control of Congress even though no 
specific action by Congress is contravened; and 
that a tax on the privilege of selling goods 
brought into a state was such interference, for 
the power to tax involves the power to destroy. 
This case affords the basis for the rule as to 
"original packages" {see). This principle was 
more specifically announced in Welton vs. Mis- 
souri (1875, 91 U. 8. 275) in which it was 
held that a state can not require a license tax 
for sale by traveling dealers of goods which are 
tic growth, product, or manufacture of other 
states or countries. Further applying this 
principle, it was held that a state license tax 
on drummers could not be enforced against 
those soliciting orders for goods to be shipped 
into the state from another state (Robbins vs. 
Shelby County Taxing Dist., 1887, 120 U. S. 
489 ) . But, on the other hand, it was held that 
a state license on commission merchants and 
merchandise brokers was valid as a tax on 
a trade, profession, or occupation, although it 
incidentally affected those dealing in goods 
brought from outside the state (Ficklen vs. 
Shelby County Taxing Dist., 1892, 145 U. 8. 
1 ) ; and that a state license tax on peddlers 
was valid although they might be engaged in 
part in selling such goods (Emert vs. Missouri, 
1895, 156 U. 8. 296). Reannouncing, however, 
the doctrine of the invalidity of state license 
taxes on the business of carrying on interstate 
commerce, it was decided that state regulations 
calculated to exclude foreign express companies 
from doing business in the state were invalid 
(Crutcher vs. Kentucky, 1891, 141 U. .8. 47). 



63 



219 



INTERSTATE COMMERCE AND CASES 



State Police Power; Passenger Cases; Intox- 
icating Liquors. — Following the principles an- 
nounced in Gibbons vs. Ogden and Brown vs. 
Maryland, referred to in the preceding para- 
graphs, it was finally held — after diversities 
of opinion expressed in New York vs. Miln 
(1837, 11 Peters 102) ; and in The Passenger 
Cases (1849, 7 Howard 283) — that a state 
statute imposing a penalty on masters of ves- 
sels bringing passengers into the port of New 
York from any other state or any foreign 
country for failing to give bond to save the 
city harmless from all expense of support and 
maintenance of such persons was invalid on 
the ground that the whole subject matter of 
bringing persons into ports of the United 
States is one placed within the regulation of 
Congress (Henderson vs. Mayor of New York, 
1875, 92 U. 8. 259). Conceding the reservation 
to the states in the Federal Constitution of the 
general police power {see) covering the pres- 
ervation of good order and the health and com- 
fort of citizens, and also the protection of the 
public against pauperism and infectious diseas- 
es, it was held in this case that the states can 
not, in the exercise of this ' power, interfere 
with the general power of Congress to regulate 
interstate and foreign commerce. 

In further application of the principles an- 
nounced in Brown vs. Maryland, it has been 
held that intoxicating liquors are proper sub- 
jects of commerce (as distinguished from ar- 
ticles of trade which on account of their exist- 
ing condition might, if admitted into the state, 
spread disease or be unfit for use or consump- 
tion, and which therefore might be considered 
as not proper subjects for traffic), the sale 
of which after being brought in from another 
state can not be prohibited or subjected to a 
license tax, and that a state statute forbidding 
common carriers from bringing such liquor into 
the state except on compliance with state regu- 
lations is invalid (Bowman vs. Chicago & 
Northwestern R. Co. 1888, 125 U. 8. 465). 
This case practically overruled the conclusions 
announced in the License Cases (1847, 5 How- 
ard 504) and it has been followed in cases 
holding that a state prohibition law is invalid 
as applied to intoxicating liquors brought into 
the state and held for sale in the original 
package (Leisy vs. Hardin, 1890, 135 U. 8. 100) 
and that notwithstanding an act of Congress 
subjecting to state regulation the sale of in- 
toxicating liquors within state limits, such 
liquors while in transit in the possession of 
the common carrier are still exempt from state 
regulation (Rhodes vs. Iowa, 1898, 170 U. 8. 
412). For similar reasons it has been held 
that oleomargarine, being a proper subject of 
commerce, may be sold in the original package 
as brought into a state from another state not- 
withstanding the restrictions which the state 
in the exercise of its police power may impose 
( Schollenberger vs. Pennsylvania, 1898, 171 
V. 8. 1). 



Further as to State Police Power; Incidental 
Regulation of Carriers; Regulation of Rates.— 
Further applying the rule that even in the 
exercise of its police power a state can not 
directly interfere with interstate commerce, but 
still conceding the power of the state to ex- 
clude persons and property dangerous to the 
public peace, safety, or health, it was held 
in Railroad Company vs. Husen (1877, 95 U. 
8. 465) that a statute of Missouri prohibiting 
the transportation into the state during speci- 
fied portions of the year of Texas, Mexican, or 
Indian cattle without regard to whether they 
were so afflicted with disease as to be likely 
to communicate it to other animals was an 
undue interference with interstate commerce; 
and in Minnesota vs. Barber (1890, 136 U. 8. 
313) and Brimmer vs. Rebman (1891, 138 U. 
8. 78) that statutes relating to inspection of 
fresh meats, so framed as practically to exclude 
the sale of such meats brought from another 
state, were likewise invalid. But in Kimmish 
vs. Ball (1889, 129 U. 8. 217) a state statute, 
declaring that the owner of diseased cattle . 
brought into the state and spreading the di- 
sease known as the Texas fever among other 
cattle in the state should be liable for the 
damage so occasioned, was held valid. 

Sustaining the police power of the state in 
thj regulation of common carriers so far as 
such regulation affects only incidentally the 
business of interstate carriage, it was held that 
a statute requiring railroad companies to post 
schedules of rates and prohibiting the exaction 
of higher rates than those posted, was valid 
(Railroad Co. vs. Fuller, 1873, 17 Wallace 560), 
and that state statutes prohibiting the opera- 
tion of freight trains on Sunday (Hennington 
vs. Georgia, 1896, 163 U. 8. 299) and requiring 
the stoppage of passenger trains at county seats 
so far as to give reasonable accommodation to 
the locality (Cleveland, C. C. & St. L. R. 
Co. vs. Illinois, 1900, 177 U. 8. 514) were not 
invalid even as applied to trains employed in 
part in interstate commerce. State regulations 
calculated to secure the safety of passengers 
and property on railroads, although engaged in 
interstate commerce (Nashville, C. & St. L. 
R. Co. vs. Alabama, 1888, 128 U. 8. 96; New 
York, N. H. & H. R. Co. vs. New York, 1897, 
165 U. 8. 628; Chicago, R. I. & P. R. Co. vs. 
Arkansas, 1911, 219 U. 8. 453) ; and as to lia- 
bility of carriers or telegraph companies 
(Western U. Tel. Co. vs. Commercial Milling 
Co., 1910, 218 U. 8. 406) are valid. 

While the general police power of the states 
extends to the regulation of rates of common 
carriers {see Prices and Charges), such reg- 
ulations can not apply to interstate commerce 
(Wabash, St. L. & P. R. Co. vs. Illinois, 
1886, 118 U. 8. 557). In the exercise of this 
exclusive power of Congress to regulate rates 
and otherwise control the business of com- 
mon carriers as far as they are engaged in 
interstate commerce, a commission has been 



220 



INTERSTATE COMMERCE AND CASES 



created with powers of regulation (see Inter- 
state Commerce Commission ) . 

State Taxation of Agencies and Subjects of 
Interstate Commerce. — The license taxes re- 
ferred to in a preceding paragraph were held 
invalid because they amounted to burdens on 
interstate commerce; but taxes more general 
in their nature imposed by the states on the 
agencies and subject matter of such commerce 
have also been held to constitute a burden 
which the states could not impose. A specific 
tax to be estimated by weight on freight car- 
ried by any railroad into the state or out of 
the state was held unconstitutional (State 
Freight Tax, 1872, 15 Wallace 232), and 
although, in the same year, the Supreme Court 
sustained a state tax on gross receipts of rail- 
road companies, including receipts from inter- 
state commerce (State Tax on Railway Cross 
Receipts, 1872, 15 Wallace 284) ultimately it 
was held that while the corporate franchises, 
property, business, and income of such corpora- 
tions might be taxed by the state, a state tax 
en gross receipts, as such, could not be exacted 
from them (Philadelphia & Southern S. S. 
Co. vs. Pennsylvania, 1887, 122 U. 8. 326; 
Galveston, H. & S. A. R. Co. vs. Texas, 1908, 
210 U. 8. 217). And for like reason it was 
held that a state tax on a telegraph company 
carrying on in part interstate business, based 
on the number of messages sent, was invalid 
(Telegraph Co. vs. Texas, 1881, 105 U. 8. 460) ; 
and further that the exaction of a license fee 
to be paid by a foreign telegraph company 
engaged in interstate commerce as a condition 
of its being allowed to do business in the state, 
such fee being proportioned to its entire capi- 
tal stock, was also invalid (Western Union Tel. 
Co. vs. Kansas, 1910, 216 U. 8. 1). But in 
determining the tax to be paid by a corporation 
doing business in the state, the entire capital, 
property, or income of the corporation may 
be taken into account as a unit, and the cor- 
poration may then be taxed on such proportion 
of that unit as reasonably corresponds to the 
proportion of the business done by it or prop- 
erty used by it in the state as compared with 
its entire business or entire property (Adams 
Express Co. vs. Ohio State Auditor, 1897, 165 
U. 8. 194, and Allen vs. Pullman's Palace 
Car Company, 1903, 191 U. 8. 171). 

Property prepared for interstate commerce 
remains subject to state taxation until it is 
put in course of transportation (Coe vs. Errol, 
1886, 116 U. 8. 517; Kidd vs. Pearson, 1888, 
128 U. 8. 1), and property which has been 
transported into a state from another state 
for sale becomes subject to taxation as other 
property even though it is held in bulk for 
subsequent disposal abroad (Brown vs. Hous- 
ton, 1885, 114 U. 8. 622). From the last case 
it would seem, that, though property brought 
into the state while it remains in the original 
package is exempt from state regulation, it is 
not relieved from general taxation. 



Exercise of Federal Power over Interstate 
Commerce. — Until within a comparatively re- 
cent time the questions arising under the com- 
merce clause have related to its effect as a 
limitation upon state power. But under the 
-authority of that clause Congress is now enact- 
ing many statutes, some of which have been 
passed upon as to their validity by the Supreme 
Court of the United States. It is not prac- 
ticable to do more than catalogue these cases: 
that Congress may under the commerce clause 
regulate the use of navigable waters (see Navi- 
gation, Regulation of) ; that it may charter 
corporations to carry on foreign and interstate 
commerce (see Commerce, Governmental 
Control of) ; that it may establish a commis- 
sion to regulate rates and prohibit discrimina- 
tion in interstate commerce (see Interstate 
Commerce Legislation) ; that it may prohibit 
combinations and trusts so far as they relate to 
interstate commerce (see Sherman Anti-Trust 
Act ) . The first statute enacted by Congress 
to regulate the liability of common carriers 
engaged in commerce between the states and 
foreign nations to their employees was held to 
be in excess of the power conferred by the com- 
merce clause, because not confined solely to 
regulating interstate commerce but was ap- 
plicable also to the liability of such a carrier 
to any employee whether engaged in the busi- 
ness of carrying on interstate commerce or 
not (Howard vs. Illinois Central R. Co., 1908, 
207 U. 8. 463 ) ; but a subsequent act has been 
passed to meet this objection. A statute lim- 
iting the hours of continuous employment of 
railroad employees engaged in interstate com- 
merce has been sustained (Baltimore & O. 
R. Co. vs. Interstate Commerce Commission, 
1911, 221 U. 8. 612). Statutes requir- 
ing safety appliances on railroad trains em- 
ployed in interstate commerce have been held 
valid (St. Louis, I. M. & S. R. Co. vs. Taylor, 
1908, 210 U. 8. 281; Chicago, B. & Q. R. Co. 
vs. United States, 1911, 220 U. 8. 559). 
The commodities clause statute (known as the 
Hepburn Act), prohibiting railroad companies 
from transporting in interstate or foreign com- 
merce any article or commodity (with certain 
exceptions) manufactured, mined, or produced 
by or under its authority, or which it may 
own in whole or in part or in which it may 
have any interest direct or indirect, has been 
sustained (United States vs. Delaware and 
Hudson Co., 1909, 213 U. 8. 366). A statute 
excluding from interstate commerce adulterated 
articles (the Pure Food Act, see) has been 
enforced (Hipolite Egg Co. vs. United States, 
1911, 220 U. 8. 45). And statutory regu- 
lations as to the length of time animals 
in course of transportation may be confined 
without rest, water, and feeding have been 
applied (Baltimore & O. R. R. Co. vs. United 
States, 1911, 220 U. 8. 94). 

See Commerce, Governmental Control of; 
Court, Commerce; Ferries; Freight Trans- 



221 



INTERSTATE COMMERCE COMMISSION 



portation, Classification of; Interstate 
Commerce Commission; Interstate Com- 
merce Legislation ; Railroad Commissions, 
State; Telegraph Regulation; Traf- 
fic Agreements; Transportation, Economic 
Principles of. 

References: E. P. Prentice and J. G. Egan, 
The Commerce Clause of the Federal Constitu- 



tion (1898) ; F. N. Judson, Law of Interstate 
Commerce and Its Federal Regulation (1905) ; 
F. H. Cook, Commerce Clause of the Federal 
Constitution (1908) ; W. W. Willoughby, Con- 
stitutional Law of the U. 8. (1910), chs. lxii, 
lxiii; C. A. Beard, Readings in Am. Govern- 
ment and Politics (1911), ch. xix. 

Emlin McClain. 



INTERSTATE COMMERCE COMMISSION 



/ Creation. — After some fifteen years of inter- 
mittent agitation for federal control of rail- 
ways, the Interstate Commerce Commission 
was established by act of Congress approved 
February 4, 1887. The Commission is an ad- 
ministrative board, with quasi-judicial powers. 
At first connected with the Department of the 
Interior, it has been, since 1889, an independ- 
ent board, reporting directly to Congress. Its 
composition and function as prescribed by the 
statute of 1887 have been much modified by 
subsequent enactments, especially those of 
March 2, 1889, February 11, 1893; the Hepburn 
Act of June 29, 1906, the act of June 18, 1910; 
and numerous other acts of lesser importance. 
Jurisdiction. — With respect to subject mat- 
ter the jurisdiction of the Commission, as 
originally defined, covered transportation whol- 
ly or partly within the United States, except 
such as was purely intra-state or intra-terri- 
torial; while so far as persons were concerned, 
it embraced all common carriers engaged in 
such transportation by rail, or partly by rail 
and partly by water when both routes were 
used under a common control or arrangement. 
In 1906 this sphere of authority was enlarged 
to include intra-territorial traffic, and also 
express and sleeping car companies, as well 
as owners of pipe lines, except those transport- 
ing water and gas. In 1910 it was further 
extended to embrace corporations operating 
cables, telephones and telegraphs, both wire 
and wireless. 

Powers and Duties. — The general function of 
executing and enforcing the provisions of the 
Interstate Commerce Act was not in term=. 
conferred upon the Commission until 1889, but 
at the outset certain special powers were grant- 
ed and duties imposed. One class of these 
pertained to investigations. The Commission 
was authorized to inquire into the manage- 
ment of the business of common carriers, and 
to investigate, on complaint or on its own 
motion, alleged violations of the act, in such 
a manner as would "best conduce to the proper 
dispatch of business and to the ends of justice" 
and was empowered. to require the attendance 
and testimony of witnesses and the production 
of books and papers. 

Upon concluding an investigation it was to 
render a written report, and if any violation 



of the act has been discovered, it was obliged 
to serve notice upon the offending carrier to 
desist, or to make reparation for injury done, 
or both. In case of a carrier's refusal to com- 
ply with, such a requirement, the Commission 
was directed to apply to a federal circuit court 
for proper process to enforce the order, which 
the court was authorized (though not required) 
to issue. 

The Commission was also empowered, in its 
discretion, to relieve carriers from the opera- 
tion of the Long and Short Haul Clause {see 
Interstate Commerce Legislation), and by the 
amendment of 1889, to prescribe the forms 
of all schedules and the measure of publicity to 
be given to joint tariffs. It was further given 
the right to demand from carriers annual re- 
ports, to determine the form of such reports, 
and to require a uniform system of accounts, 
prescribing the manner in which such accounts 
should be kept. 

Rate Making. — Such were the original pow- 
ers and duties of the Commission, but the field 
of its activities, especially as to rates, has 
since been considerably enlarged. Nowhere in 
the act of 1887 was there a definite grant of 
the rate-making function; nevertheless the 
Commission interpreted the act to justify that 
power. Inasmuch as the act required carriers 
to charge reasonable and not unjustly dis- 
criminatory rates, and as the Commission 
possessed authority to investigate complaints 
and order violations of the act to cease, the 
board assumed that it could require carriers to 
desist from charging unjust or unreasonable 
rates — a requirement, however, which neces- 
sitated a statement by the commission as to 
what would be just and reasonable rates. 
These proceedings were arrested by a decision 
of the Supreme Court, rendered in 1897 (167 
U. 8. 479) which denied that Congress had 
intended the construction given to the act by 
the Commission. 

Thus shorn of its rate-making authority, 
the Commission appealed to Congress for a 
definite grant of power, in 1906. It was au- 
thorized to prescribe, after full hearing on 
complaint, just and reasonable maximum rates, 
and to determine reasonable regulations and 
practices affecting the charging of rates. Its 
orders were to be effective for two years or 



222 



INTERSTATE COMMERCE COMMISSION 



less, as determined by itself, unless suspended 
or set aside by a court, through the grounds 
upon which a court might interfere were not 
specified. It was also privileged to establish 
through routes and maximum joint rates, upon 
the neglect of carriers to do so. A penalty 
of $5,000 a day was established for the viola- 
tion of any order of the Commission affecting 
rates. The Commission's power over rates, as 
thus defined by the Hepburn Act, was en- 
larged by the law of June 18, 1910, which au- 
thorized it to fix rates after hearings held 
without previous complaint, on its own mo- 
tion; also, pending an examination of new 
rates and classifications filed by carriers, to 
suspend them for 120 days and, if necessary 
to complete the investigation, for a further 
period not exceeding six months. 

Accounts. — More ample authority, with re- 
spect to accounts, was also conferred in 1906. 
The original act, indeed, permitted the Com- 
mission to require uniformity of accounting, 
but failed to grant it executing powers. This 
defect was corrected by the Hepburn Act, of 
1906 which authorized the Commission to 
prescribe the forms of any or all accounts, 
records and memoranda kept by carriers, cover- 
ing traffic operations as well as money trans- 
actions, and to employ agents to inspect ac- 
counts and records. The act forbade carriers 
to alter, mutilate or destroy their accounts or 
records, to make false entries or to fail to 
make full and correct entries in them, or to 
keep any others than those prescribed. To 
enforce all these provisions, writs of mandamus 
were authorized. 

Other Functions. — Among other powers and 
duties conferred on the Commission may be 
mentioned: authority to require monthly re- 
ports of earnings and expenses (1906) ; to 
require further periodical or special reports 
(1910) ; to request the Attorney General to 
apply to the federal courts for writs of man- 
damus commanding carriers to comply with the 
Interstate Commerce Act and all supplemen- 
tary legislation (1906) ; and to issue orders 
after investigations made on its own motion 
(1910) which power had not previously been 
clearly stated. In addition, the Chairman or 
some other commissioner is charged, by the 
act of June 1, 1898, as amended March 4, 1911, 
with the duty of intervening in railway strikes ; 
and the Commission has been given numerous 
responsibilities in connection with the techni- 
cal features of railway operation. These have 
been imposed by various statutes (see Acci- 
dents). In the discharge of these last named 
duties the Commission, constituted, as auxili- 
ary to itself, a Block Signal and Train Control 
Board, which is still (1913) in existence. 

Difficulties. — In attempting to discharge its 
functions, the Commission has been hindered 
by numerous obstacles, some of a very serious 
nature. Mention has already been made of a 
few of these obstacles, especially the Commis- 



223 



sion's lack of authority over rates, from 1897 
to 1906. (1) Among other hindrances to its 
success, of primary consequence, is the in- 
herent difficulty of the problem with which the 
Commission has had to deal. The problem of 
rates, far from being easy of solution, is on 
the contrary vast, complicated and perplexing. 
Under the most favorable circumstances it 
would be hard to handle, but its solution has 
been rendered extraordinarily difficult by dif- 
ferences of opinion, even of expert opinion, 
with reference to the fundamental principles 
involved. For these reasons this problem has 
not yet been mastered. 

(2) Of less importance is the limitation of 
the Commission's jurisdiction to a portion of 
the traffic of the country, in other words, the 
exclusion from its oversight of purely intra- 
state transportation, a restriction which causes 
some embarrassment in the work of railway 
control. 

(3) So of the relations between the federal 
and the state systems of regulation; while in 
large measure amicable and harmonious they 
have not always fitted together. Neither has 
there been that organized cooperation between 
the state and national commissions, which is 
essential to the success of both. 

(4) Another obstacle has been the tardiness 
of Congress in enacting adequate provisions 
of law, the necessity for which had been dem- 
onstrated by experience. The difficulty en- 
countered by the Commission in securing the 
aid of an intelligent and discriminating pub- 
lic sentiment, is also worthy of mention. 

(5) Further, it is probable that the Commis- 
sion has suffered to some extent from dissipa- 
tion of effort due to the possession of too 
great a variety of functions — particularly those 
concerned with labor difficulties and technical 
operation, which subjects are so far removed 
from the question of rates and require such 
specialized training for their proper treatment 
as to make it possible to assign them to dis- 
tinct governmental authorities. 

Moreover, until 1906 an order of the Com- 
mission was without effect until, on applica- 
tion from that board or some interested party, 
a federal court in its discretion directed obedi- 
ence to the order. Since 1910, orders become 
obligatory at once and must be obeyed until 
set aside or suspended by the courts. 

(6) In its efforts to secure information the 
Commission has encountered serious obstacles. 
The Supreme Court in the Harriman Decision 
of 1908 (211 U. 8. 407) narrowed the field 
within which the Commission may conduct in- 
quiries; but of even greater importance have 
been the court's rulings with reference to com- 
pulsion of testimony. The provision of the 
original act empowering the Commission to 
require the presence and testimony of witnesses 
was, in 1892, (142 U. 8. 547) declared void 
because repugnant to the Fifth Amendment — 

no person shall be compelled in any criminal 



INTERSTATE COMMERCE COMMISSION 



proceeding to be a witness against himself." 
True, Congress had provided that testimony 
given under compulsion should not be used 
against the witness in the trial of any- 
criminal proceeding, but the Court held that 
this was not sufficient protection to satisfy the 
constitution, because the witness by confessing 
his guilt might open the way to prosecution 
and conviction on the basis of testimony se- 
cured elsewhere. Accordingly, in 1893, Con- 
gress enacted that although no one should be 
excused from testifying on the ground that 
his testimony would tend to criminate him, 
yet no person so testifying should ever be prose- 
cuted on account of any act concerning which 
he might give evidence. Under this amend- 
ment, which was finally upheld as constitu- 
tional (161 U. 8. 591), the Commission may 
compel evidence, but only at the expense of 
giving to guilty persons such "immunity 
baths" as will fully exempt them from prosecu- 
tion. 

(7) Another hindrance to the Commis- 
sioner's progress has been the persistent and 
vigorous resistance of railway financiers and 
managers, who have maintained an almost un- 
compromising attitude of opposition to regu- 
lation, shown by their efforts, often successful, 
to prevent the enactment of legislation recom- 
mended by the Commission, or at least to 
weaken bills before passage, their skill in 
evading laws and orders and in devising secret 
methods of violating them, their disposition to 
seize on legal technicalities and to fight almost 
every feature of regulation in the courts. The 
Commission has also felt hindered by absence 
of power in certain important particulars, 
notably lack of authority to regulate railway 
capitalization and to proceed with an official 
valuation of railway properties. 

Relation of the Courts. — Perhaps the most 
serious difficulties encountered by the Com- 
mission have been incidental to the vast volume 
of litigation in which it has been involved; 
in part these are due to the large expenditure, 
not alone of money, but of thought and effort, 
and to the delays of litigation, which often rob 
the activities of a railway commission of much 
of their usefulness. In respect to delays, the 
situation has been somewhat improved by the 
act of February 11, 1903, as amended — a law 
designed to expedite the trial of interstate com- 
merce cases — and by the establishment of the 
Commerce Court, in 1911. 

Although the original act declared that the 
Commission's findings of fact should, in all 
judicial proceedings, be deemed prima facie 
true, the courts have not accorded such weight 
to them, but have taken evidence anew, thus 
permitting railways to make cases in the courts 
on the basis of evidence withheld from the 
Commission. 

Check on the Commission. — The most serious 
check on the Commission has been the unfavor- 
able attitude of the courts — their apparent un- I 



willingness to interpret and apply national leg- 
islation in such a way as to permit vigorous 
and effective regulation of railways. This at- 
titude may be seen in a large number of de- 
cisions: permitting the Commission to compel 
testimony only at the expense of granting im- 
munity baths ( 142 U. 8. 457 ) ; depriving the 
Commission of its rate-making power (167 U. 
8. 479); weakening the long and short haul 
clause (168 U. S. 144), the commodities clause 
(213 U. 8. 366) and the Elkins law (164 Fed. 
Rep. 376 ) ; and in many others. The character- 
istic conservatism of the courts and their no 
less characteristic devotion to property rights 
and vested interests have resulted in conflicts 
of opinion with the Commission and in a rather 
narrow circumscribing of its activities, as well 
as in mitigation of the force of regulative 
statutes. 

Results. — In spite of all these and other 
obstacles, the Commission has achieved valu- 
able results. Many controversies between car- 
riers and shippers have been adjusted by 
formal or informal proceedings, and numerous 
changes in rates and classifications have been 
effected through the interposition of the Com- 
mission. The power of suspending rate ad- 
vances, conferred in 1910, was at once used 
with marked success. A uniform system of 
accounting has been established for railways 
and other carriers, and full and reliable rail- 
way statistics have been compiled and pub- 
lished. Much has also been accomplished by 
the Commission with regard to safety appli- 
ances and related matters. 

In a more general way, the Commission has 
been of distinct educational value, in dissemi- 
nating knowledge and provoking thought and 
discussion as to railway affairs. It has fur- 
thermore served as a stimulus to railway man- 
agements, and at the same time a restraint 
upon them, has aided in raising the morals of 
the railway service, and above all has kept 
awake in the minds of railway men a sense of 
their obligations to the public. 

If the concrete results seem small in com- 
parison with the needs of the situation, it 
must be remembered that until 1906 the pow- 
ers of the Commission were too restricted for 
very effective work; and that since the passage 
of the acts of 1906 and 1910 sufficient time has 
not elapsed to demonstrate their value. When 
they have been interpreted by the courts and 
when the necessary period of experimentation 
is past, it may become evident that the Com- 
mission has entered upon an era of very great- 
ly increased usefulness. 

Personnel. — At the outset the Commission 
consisted of five members (not more than three 
commissioners from any one political party), 
appointed by the President for a term of six 
years at an annual salary of $7,500 each. By 
the Hepburn Act of 1906 the board was en- 
larged to seven members, not more than four 
from one party, with terms of seven years, one 



224 



INTERSTATE COMMERCE DECISIONS 



commissioner's term expiring each year, the 
salary to be $10,000. 

The personnel of the Commission from the 
beginning has been as follows: Thomas M. 
Cooley, 1887-1891; William R. Morrison, 1887- 
1897; Augustus Schoonmaker, 1887-1890; Al- 
dace F. Walker, 1887-1889; Walter L. Bragg, 
1887-1891; Wheelock G. Veazy, 1889-1896; 
Martin A. Knapp, 1891-1910; James M. Mc- 
Dill, 1892-1894; Judson C. Clements, 1892; 
James D. Yeomans, 1894-1905; Charles A. 
Prouty, 1896-1914; Wm. J. Calhoun, 1898- 
1899; Joseph W. Fifer, 1899-1905; Francis M. 
Cockrell, 1905-1910; Franklin K. Lane, 1906- 
1913; Edgar E. Clark, 1906-; James S. Harlan, 
1906-; Charles C. McChord, 1911- ; Balthasar 
H. Meyer, 1911- ; and John H. Marble, 1913; 
Winthrop M. Daniels, 1914- ; Henry C. Hall, 
19 14-. The following have served as chairmen: 
Cooley, 1887-1891; Morrison, 1891-1897; 
Knapp, 1898-1910; Clements, 1911-1912; 
Lane, Jan., 1912-March, 1912; Prouty, 1912- 
1913; Clark, 1913-1914; Harlan, 1914-. 

Publications. — The publications of the Com- 
mission include the Annual Reports to Con- 
gress (since 1887), its decisions, publisbed in 
volumes entitled Interstate Commerce Commis- 



sion Reports (since 1887), its annual volumes 
on Statistics of Railways (since 1888), Quar- 
terly Accident Bulletin (since 1901), Monthly 
Bulletins of railway revenues and expenses 
(since 1909), Annual Reports on Statistics of 
Express Companies (since 1909) and various 
other regular and special reports. 

See Commerce, Governmental Control of; 
Commissions in American Government; Con- 
current Powers; Court, Commerce; Courts 
and Unconstitutional Legislation; Execu- 
tive and Executive Reform in the American 
System; Interstate Commerce Decisions; 
Interstate Commerce Legislation; Public 
Service Commissions; Public Service Cor- 
porations; Railroad Commissions, State; 
Separation of Powers. 

References: E. R. Johnson, Am. Railway 
Transportation (2d ed., 1908), 367-385; B. H. 
Meyer, Railway Legislation in the U. S. ( 1903 ) , 
189-261; H. C. Barnes, Interstate Transporta- 
tion (1910) ; F. A. Cleveland and F. W. Powell, 
Railroad Promotion and Capitalization in the 
U. S. (1910) ; H. S. Haines, Problems in Rail- 
way Regulation (1911) ; Am. Year Book, 
1910, 535, 550, ibid, 1911, 556, ibid, 1912, 155. 
Harrison S. Smalley. 



INTERSTATE COMMERCE DECISIONS 



General Principles. — In its first annual re- 
port the Interstate Commerce Commission ap- 
proved the doctrine that railway rates should 
be chiefly determined according to the value 
of the service rendered. In dealing with actual 
cases, however, it speedily found "value of 
service" too vague an idea for practical pur- 
poses, and accordingly in its decisions it de- 
veloped a number of more definite principles 
or tests according to which it has endeavored 
to regulate rates. Its theory is that the cir- 
cumstances of each case must determine which 
principle or principles shall be applied. In 
numerous cases it accepts some one principle 
as "controlling;" but in many others it takes 
into account two or more principles and gives 
to each the weight which in its judgment seems 
right. 

It has not always been entirely consistent in 
its decisions, partly because of changes in its 
personnel, partly because of modifications of 
its views due to experience and reflection, and 
partly because of the influence of judicial de- 
cisions. Yet it must be said that the number 
of its inconsistencies has been surprisingly 
small, and that they have appeared not so 
often in the statement as in the application of 
principles. It is possible, therefore, to find 
certain standards of rate making recognized 
and approved by the Commission in its settle- 
ment of cases. 

Absolute Rates. — Most of the decisions of 
the Commission have been concerned with the 



proper relations between different rates, rather 
than with the absolute level at which changes 
should be placed. This is in accord with the 
expressed conviction of the Commission that 
"a rate can seldom be considered in and of 
itself. It must be taken almost invariably in 
relation to and in connection with other rates." 
Nevertheless a few principles or tests have 
been established for absolute rates. The Com- 
mission concurs with the courts in the doctrine 
that the general level of a railway's rates 
should be such as to yield a "reasonable re- 
turn" on the "fair value of the property," 
though it has not gone far in giving definite- 
ness to either of these terms. Indeed, it has 
seldom made use of this principle, because al- 
most all of the cases before it have involved, 
not general schedules, but specific rates, in re- 
lation to which the application of the prin- 
ciple is difficult if not impossible. While recog- 
nizing that competition may reduce rates un- 
duly, the Commission nevertheless believes that 
the charges established by long continued com- 
petition sometimes constitute an important 
consideration in determining absolute reason- 
ableness. So also "a long-existing rate" is 
frequently presumed to be correct. Other rates 
charged by railways furnish a further test of 
the fairness of a given rate, especially "rates 
on the same or adjacent lines in the immediate 
territory where the same conditions exist." 

Relative Rates. — Although, in its first report, 
the Commission rejected the cost principle as 



225 



INTERSTATE COMMERCE DECISIONS 



a means of fixing the absolute charge for each 
service, it recognized that cost should be consid- 
ered in rate making; and in many cases it has 
employed comparisons of ascertainable expenses 
as tests of the proper relations between rates. 
On this basis it approves the disparity between 
rates for car load lots and less than car load 
lots, and frequently indorses relatively high 
charges on the ground that the transportation 
affected involves exceptional risk, as in the 
case of perishable goods; or imposes special 
expense on the railway, as when dressing of 
lumber in transit is allowed; or requires the 
provision of special services or facilities, such 
as specialized cars, icing, and exceptional 
speed. A comparison of costs is also used in 
adjusting rates between commodities. somewhat 
similar in character, such as oranges and 
strawberries; between raw materials and the 
finished products, as in the case of live stock 
and meat products; between two articles, on 
one of which the rate is acnowledged to be 
reasonable; and between places, as well. In- 
deed the cost theory is the chief basis of the 
"distance principle" that rates should vary 
directly but not proportionally with distance. 
The Commission applies this principle with 
but few exceptions or modifications, not only 
because of the "long and short haul clause" 
of the Interstate Commerce Act, but because it 
believes in it. The distance principle, however, 
does not depend entirely on the idea of cost. 
"Value of the service" is suggested by the Com- 
mission as a further argument for it, as is 
also the desirability of preserving the ad- 
vantages of geographical location. 

Preservation of Natural Advantages. — This 
suggests another test. The Commission has 
strongly insisted that, although monopolies 
shall not be encouraged, relative rates shall 
generally be so adjusted as to preserve to each 
community the natural advantages of its loca- 
tion, whether such advantages result from 
proximity to markets, the possession of a 
cheaper route to markets, nearness to a base 
of raw materials or any other conditions mak- 
ing for a lower cost of production. This prin- 
ciple is supported on various grounds — one of 
them the cost theory; a second, the idea that 
its geographical advantages justly belong to 
a district; another, the belief that consumers 
should be served as cheaply as possible; and 
still another, the feeling that investments of 
capital early attracted by natural advantages 
should be protected. Regard for vested in- 
terests is, indeed, a consideration not infre- 
quently kept in mind by the Commission in 
adjusting rates, as is also the undesirability 
of disturbing extensively the rate situation. 

Value of Commodities. — According to the ex- 
pressed opinions of the Commission, the com- 
parative values of commodities constitute the 
most important factor in determining the prop- 
er relations among rates. Several reasons are 
given for this — the advisability of encouraging 



the transportation of many articles which, 
though cheap in proportion to weight and 
bulk, are nevertheless of great social impor- 
tance; the fact that high value of commodity 
may mean high value of service; the fact that 
consumers can often afford to pay more for 
the carriage of more expensive articles; the 
consideration that higher value means greater 
risk and hence greater cost of transportation; 
and the desirability of preserving competition 
between carriers or between producers. 

Thus relative values are considered in ad- 
justing^ rates between competitive articles, be- 
tween commodities of similar character, be- 
tween raw materials and the finished product, 
and between articles of different degrees of 
economic and social importance. Rates are 
made to vary directly, though of course not 
proportionally, with value of commodity. 

Competition. — Competition is also a factor 
in the determination of relative rates, though 
the Commission seems often to recognize it 
more because of practical exigencies than be- 
cause it is intrinsically right. Thus the com- 
petition of a carrier not subject to the inter- 
state commerce act is considered in fixing a 
railway's rates chiefly, if not wholly, because 
the carrier happens to be outside the scope of 
the act. And the Commission's abandonment 
of its early view that competition between car- 
riers subject to the act could not, except in 
rare and peculiar cases, justify a higher rate 
for a shorter than a longer haul, was due to 
judicial compulsion rather than to a convic- 
tion of its incorrectness. On the other hand, 
competition between producers, and between 
places, for example, between distributing cen- 
ters, is frequently recognized in rate making. 
Competition between sea ports, and between the 
roads leading to them, for export traffic has 
been held to justify differential rates. More- 
over, the Commission has sometimes approved 
lower rates on goods intended for export than 
on goods designed for domestic consumption, 
partly because of competition of carriers, and 
partly under the influence of court decisions. 

Other factors that enter into the Commis- 
sion's regulation of relative rates are the dif- 
ferent uses to which an article may be put; 
the desirability of preventing monopoly by 
promoting competition between producers and 
dealers as well as carriers ; and the expediency 
of preventing undue centralization of business. 
Furthermore the Commission sometimes ap- 
peals not merely to definite standards, but to 
general considerations of economic and social 
welfare as elements which should be taken 
into account. 

See Advisory Opinions ; Commerce and La- 
bor, Department of; Commerce, Govern- 
mental Control of; Concurrent Jurisdic- 
tion; Construction and Interpretation; 
Courts, Federal, Jurisdiction of ; Courts and 
Unconstitutional Legislation ; Executive 
and Judiciary; Franchises, Corporation, 
226 



INTERSTATE COMMERCE LEGISLATION 



Legal Aspects of ; ' Labor, Department of ; 
Law, Administration of by Courts; Law, 
Administrative; Ordinances, Executive. 

References: The decisions of the Commission 
are published in volumes entitled, Interstate 
Commerce Commission Reports; M. B. Ham- 



mond, Railway Rate Theories of me Interstate 
Commerce Commission (1911); E. B. Peirce, 
Digest of Decisions of the Courts and the In- 
terstate Commerce Commission (1908); Am. 
Year Book, 1910, 58, and year by year. 

Harrison S. Sm alley. 



INTERSTATE COMMERCE LEGISLATION 



National legislation affecting interstate com- 
merce has been somewhat fragmentary and mis- 
cellaneous. Whenever particular evils have 
gained considerable prominence, Congress has 
generally passed laws, more or less incomplete, 
to meet them; but it has made no attempt to 
cover the subject of national commerce in a 
comprehensive and systematic fashion. This 
makes difficult a satisfactory classification of 
statutory provisions relating to that subject. 
Nevertheless, such provisions as are not else- 
where treated in detail may conveniently be 
grouped under the five main heads below. 

Rates and Traffic. — Perhaps the most impor- 
ant provisions of our interstate commerce laws 
are those which pertain to the rates charged 
by common carriers. Agitation for federal 
control of such rates began in the early seven- 
ties, and continued intermittently for some fif- 
teen years, without result. In 1886, however, 
the Supreme Court decided (118 U. 8. 557), 
contrary to a ruling announced ten years be- 
fore (94 U. S. 113), that even in the absence 
of Congressional action the states have no pow- 
er to regulate their respective shares of the 
rates fixed for interstate transportation. It 
then became evident that if such charges were 
to be regulated at all, national action was 
needed, and on March 4, 1887, the Interstate 
Commerce Act was passed. This statute has 
been supplemented and amended by the acts of 
*March 2, 1889, February 10, 1891, ^February 
11, 1893, February 8, 1895, February 11, 1903 
(the Expediting Act), ^February 19, 1903 (the 
Ulkins Act), *June 29, 1906 (the Hepburn 
^ct), June 30, 1906, April 13, 1908, February 
25, 1909, *June 18, 1910, and June 25, 1910. 
The statutes marked by asterisks are of special 
importance. With respect to rates, the original 
act announced two general principles: that all 
charges for all services rendered by common 
carriers shall be reasonable and just; and that 
no undue or unreasonable preference or ad- 
vantage shall be given to any person, concern, 
locality, or kind of traffic. " The act of 1910 
adds the further requirement that carriers shall 
establish and observe just and reasonable class- 
ifications and just and reasonable regulations 
and practices affecting rates, tariffs, and the 
issuance, form, and substance of tickets, re- 
ceipts and bills of lading. 

In addition to these general provisions, many 
specific rules have been enacted. With regard 



227 



to publicity of rates, each carrier is required 
to print in the manner prescribed by the Com- 
mission, its classifications and schedules of 
local and joint rates, together with all regu- 
lations affecting its charges; also to file copies 
with the Commission, and post copies in two 
conspicuous places in each station. Changes 
in rates can be made only on thirty days notice 
to the public and to the Commission, which, 
however, is authorized to modify any of these 
requirements in special cases. Carriers must 
file with the Commission copies of all contracts 
and arrangements with other carriers, relating 
to traffic; and, when application is made to 
any station agent, must correctly state in 
writing the rate for any described shipment. 

Discriminations. — Another group of rules re- 
late to discriminations. The act of 1887, be- 
sides its general prohibition of unjust discrim- 
ination, contains four specific provisions : ( 1 ) 
Different persons must be charged the same 
rates for services "like and contemporaneous" 
and performed "under substantially similar cir- 
cumstances and conditions." (2) No varia- 
tions are allowed from the rates appearing in 
the published schedules. ( 3 ) Conditions are 
specified (since modified in certain details) 
under which transportation may be offered free 
or at reduced rates. (4) The "long and short 
haul clause," forbade a greater charge for the 
transportation of passengers or of like kind of 
property, under substantially similar circum- 
stances and conditions, for a shorter than for 
a larger distance over the same line, in the 
same direction, the shorter being included with- 
in the longer distance — with the proviso that 
the Commission might allow exceptions to the 
rule. As this clause was subsequently weak- 
ened by judicial interpretation of the words 
"under substantially similar circumstances and 
conditions" (168 U. S. 144), that phrase was 
expunged by Congress in 1910. 

To enforce these provisions, the act, as 
amended in 1889, fixed as a penalty for their 
violation by any officer or employe of a car- 
rier, a fine not exceeding $5,000, or imprison- 
ment not exceeding two years, or both. In 
1889 the federal courts were also empowered 
to mandamus carriers to move traffic for any 
shipper on terms as favorable as those given 
to any other shipper for like traffic under simi- 
lar conditions. The Elkins act of 1906 fixed a 
penalty of from $1,000 to $20,000 for depart- 



. INTERSTATE COMMERCE LEGISLATION 



ing or offering to depart from published rates; 
also for offering, giving, soliciting or receiving 
any discrimination. This act made a distinct 
advance by subjecting shippers accepting dis- 
criminations to the same punishment as carri- 
ers granting them; but it was defective in so 
far as it abolished imprisonment as a penalty. 
This weakness was remedied, however, by the 
Hepburn Act of 1906, which reestablished im- 
prisonment for a term not exceeding two years, 
as part punishment. 

Indirect Discriminations. — Following the en- 
actment by the states and the nation of general 
prohibitions against discrimination, the open 
forms of that evil tended to disappear, but se- 
cret and subtle expedients took their place. 
As these began presently to come to light, Con- 
gress enacted provisions directly aimed at some 
of them. Thus the "Commodities Clause" of 
the Hepburn Act makes it unlawful for a rail- 
way company to transport any commodity ex- 
cept timber and the products thereof, manu- 
factured, mined, or produced by it, or under its 
authority, or which it may own in whole or in 
part, or in which it may have any interest 
direct or indirect, except articles intended for 
its use as a common carrier. This was intend- 
ed to prevent discriminations against independ- 
ent coal companies by railways controlling coal 
properties. The Hepburn Act also forbids car- 
riers to refund "by any device" any portion of 
the rates charged, or to extend to any shipper 
any privileges or facilities not specified in the 
published tariffs. Furthermore, to prevent re- 
bates under the guise of payments to shippers 
of compensation for services rendered by them, 
the Commission is authorized to fix the re- 
muneration for all such services. The act of 
1910 prohibits the obtaining of rebates through 
the presentation of false claims of damages; 
forbids carriers and shippers to cause trans- 
portation, at less than published rates, by 
means of false billing, false weighing and sim- 
ilar practices; prohibits officers and employees 
of carriers from disclosing any facts, respect- 
ing shipments, which might be used to the 
shipper's detriment, or might improperly reveal 
his business transactions to a competitor; and 
also makes it equally unlawful to solicit or 
receive such information. 

Certain miscellaneous provisions respecting 
rates also deserve mention. The Hepburn Act 
makes it the duty of carriers to establish 
through routes and reasonable rates applicable 
thereto. The Act of 1910 throws upon the 
carriers the burden of proving the reasonable- 
ness of increases in rates; and, also specifies 
that whenever a railway, in competition with 
a water rate, shall reduce competitive rates, 
it shall not raise them again unless the Com- 
mission finds that the proposed increase is not 
due to the elimination of water competition. 

Relations between Railways. — Intimately 
connected with the matter of rates is the sub- 
ject of inter-railway relations. These have 



been affected by but one section of the Inter- 
state Commerce Act, which declares it to be 
unlawful for carriers to enter into contracts 
or combinations for the pooling of freight or 
of all or any portion of the receipts. 

The Act of 1887 contains two provisions re- 
specting traffic. One requires carriers to inter- 
change traffic with competing lines without 
discriminating in rates between them. The 
other specifies that the carriage of freight from 
the point of shipment to destination shall be 
regarded as one haul, unless a stoppage is made 
in good iaith for some necessary purpose. The 
Hepburn Act makes it the duty of carriers to 
provide upon reasonable request not merely 
cars and other means for the carriage of 
freight, but also facilities for its receipt, de- 
livery, elevation, transfer in transit, ventila- 
tion, refrigerating, icing, handling and storage. 
The act also requires carriers to connect their 
tracks on request with lateral, branch lines of 
road, and with private side tracks, where such 
connections are safe and reasonably practic- 
able, and will furnish sufficient business — which 
points are to be determined by the Commis- 
sion. A further provision obliges an initial 
carrier to issue a bill of lading and thereafter 
to be liable to the lawful holder, contracts or 
regulations to the contrary notwithstanding, 
for loss or damage caused by any carrier — re- 
serving the right to recover in turn from the 
carrier actually responsible. The act of 1910 
compels carriers to establish and enforce rea- 
sonable rules and practices respecting all mat- 
ters connected with the receiving, handling, 
transporting, storing and delivering of freight. 
It further grants to the shipper the right to 
determine by which of two or more possible 
routes his freight shall be carried. 

Additional Protection. — Certain provisions 
for the enforcement of the Interstate Commerce 
Act and supplementary legislation have already 
been incidentally mentioned, but a few others 
should receive notice. In addition to special 
penalties for particular offenses, the act of 
1887 imposes, on guilty directors, officers, re- 
ceivers, agents and employees, a general liabil- 
ity to a fine of $5,000 or less for violations of 
the act; while the Hepburn Act provides for 
writs of mandamus to compel compliance with 
the provisions of the Interstate Commerce Act 
and statutes supplementary thereto. In con- 
nection with the enforcement of these laws the 
act of February 11, 1903, as modified by the 
Elkins and Hepburn acts, has been of impor- 
tance, inasmuch as it provides for the expedit- 
ing of suits arising under the Interstate Com- 
merce and Anti-Trust acts, and other laws 
"having a like purpose." 

Labor.— The "Employer's Liability Act" of 
June 11, 1906, declared unconstitutional Jan- 
uary 6, 1908, because it affected intra-state 
commerce, was replaced by the stronger act of 
April 22, 1908, which makes every common car- 
rier liable to its employees, or, in case of death. 



228 



INTERSTATE COMMERCE LEGISLATION 



to their next of kin dependent on them, for 
damages for injury or death, while engaged in 
interstate commerce, resulting in whole or in 
part from negligence of officers and employees 
or from defects due to its negligence as to its 
physical property — any contract to the con- 
trary notwithstanding. It also abolishes the 
contributory negligence rule, though it pro- 
vides that damages shall be diminished by the 
jury according to the amount of negligence at- 
tributable to the employee. It further relieves 
employees of the charge of contributory negli- 
gence and strengthens the original Safety Ap- 
pliance Act in releasing them from their "as- 
sumption of risk," when the violation of any 
law for the safety of employees has contributed 
to their injury or death. (For the "Hours of 
Service" law see Accidents.) A law of June 
28, 1886, provides for the incorporation of trade 
unions. The act of October 1, 1888, respecting 
railway strikes, was replaced, June 1, 1898, 
by another, which provides that in controver- 
sies between carriers and employees engaged in 
railroad train service, conciliation shall be at- 
tempted by the Commission of Labor and the 
Chairman of the Interstate Commerce Commis- 
sion, or, under the amendment of March 4, 
1911, some other member of the Commission or 
some judge of the Commerce Court, designated 
by the President. If they fail, arbitration may 
be resorted to, according to a plan prescribed 
by the act. This law also prohibits certain 
discriminations against members of labor un- 
ions, certain attempts of employers to escape 
liability for injuries to employees, and certain 
forms of blacklisting. 

Prevention of Deception; Prohibition of 
Transportation of Certain Goods. — Many laws 
have been enacted to prevent deception and to 
secure high quality in goods. Such is the act 
of June 13, 1906, passed to prevent interstate 
or foreign commerce in, or transmission by mail 
of articles made of gold or silver so branded or 
labeled as to indicate that the precious metal 
is of a greater degree of fineness than it actu- 
ally is, according to standards specified in the 
act, which further subjects such goods, when 
transported into a state, to the operation of 
the laws of that state, even if retained in the 
original package. Prior to the Pure Food 
Act, statutes had been enacted to subject oleo- 
margarine imported into a state to the laws 
of that state, even while in the original pack- 
age (May 9, 1902) ; and also to forbid inter- 
state transportation of dairy products falsely 
labeled as to the state in which produced (July 
1, 1902)-. The Pure Food Act itself (June 30, 
1906) defines "adulteration" and "misbrand- 
ing" and forbids interstate or foreign commerce 
in adulterated or misbranded drugs or articles 
of food. It provides for criminal suits against 
violators of the act, and proceedings for the 
confiscation of denounced articles. 

Legislation to regulate the transportation of 
live stock, and to provide for the inspection of 



the same, was enacted May 29, 1884, and Aug- 
ust 30, 1890, as was also an act relating to the 
transportation of condemned carcasses of ani- 
mals, May 2, 1895, but the first comprehensive 
law of this kind was a statute of June 30, 1906, 
called the Meat Inspection Act. This law con- 
tains elaborate provisions for the inspection 
of live stock, meat and meat products, under 
the supervision of the Secretary of Agricul- 
ture. It prohibits interstate and foreign com- 
merce in meats and products not inspected and 
"passed" as sound and wholesome; requires 
condemned articles to be destroyed for food 
purposes; and forbids owners of meat concerns 
not complying with all the terms of the act 
to transport in interstate commerce any meat 
or meat products. The Wilson Act of August 
8, 1890, subjects liquor transported into a state 
to the police regulations of the state, without 
exemption on the ground of introduction in 
original packages, and the same rule is estab- 
lished in favor of state game laws by the act of 
May 25, 1900. Under these and similar laws 
already mentioned, interstate commerce in 
liquor and other articles is to a slight extent 
regulated by state enactments. 

Minor and Indirect Violations. — Incidentally 
it may be noted that interstate commerce is 
further affected by certain other state laws, 
such as acts fixing rates on interstate traffic, 
prescribing demurrage charges, and regulating 
the speed of trains. Many federal statutes not 
yet mentioned also have a bearing direct or 
indirect, upon interstate commerce. Such are 
the acts, too numerous and complex for de- 
tailed treatment here, relating to navigation, 
bridges over navigable waters, etc.; the patent, 
trade mark and copyright laws; the acts cre- 
ating the Bureau of Standards and relating 
to weights and measures; the internal revenue 
laws; and the postal laws, especially the pro- 
visions forbidding the sending of fraudulent 
matter through the mails. Such also is the 
act of February 2, 1897, forbidding the inter- 
state carriage of obscene matter, and that of 
March 2, 1895, prohibiting similar carriage of 
lottery tickets. Mention should also be made 
of the early act of June 15, 1866, authorizing 
railways to engage in interstate commerce and 
to unite their tracks with those in other states, 
so as to form continuous lines; of the act of 
July 24, 1866, authorizing telegraph companies 
to build upon the public domain, along mili- 
tary and post-roads, and over navigable wa- 
ters; and of the act of August 7, 1888, grant- 
ing to the Interstate Commerce Commission 
certain authority over government-aided tele- 
graph lines. 

See Accidents, Railroad and Steamship; 
Commerce, Governmental Control of; Com- 
missions in American Government; Court, 
Commerce; Day in Court; Differentials in 
Railroad Traffic; Express Service, Regula- 
tion of; Franchises, Corporation; Four- 
teenth Amendment; Long and Short Haul; 



229 



INTERSTATE LAW AND RELATIONS 



Railroad Traffic; Discrimination in Rail- 
road Rates; Differentials in Railroad 
Traffic; Express Service, Regulation of; 
Franchises, Corporation ; Fourteenth 
Amendment; Long and Short Haul; 
Railroad Capitalization; Railroad Estab- 
lishment and Management; Railroads, 
Physical Valuation of; Reasonableness in 
Restraint of Trade; Rebates in Transpor- 
tation; Separation of Powers; Sherman 
Anti-Trust Act; Traffic Agreements; 



Transportation, Economic Principles of; 
Transportation, Regulation of; Trusts; 
Uniformity of Railroad Accounts. 

References: In addition to the statutes re- 
ferred to above: F. N. Judson, Laiv of Inter- 
state Commerce (1905); W. L. Snyder, In- 
terstate Commerce Act and Federal Anti-Trust 
Laws (1904) with Supplement (1906); F. H. 
Dixon, "Mann-Elkins Act" in Quart. Jour, of 
Economics, XXIV (1910), 593-633. 

Harrison S. Smalley. 



INTERSTATE LAW AND RELATIONS 



General Principles. — The member states of 
the American Union are constitutionally relat- 
ed to one another only through the Federal 
Constitution. Except as they are thus united, 
they stand towards one another as foreign sov- 
ereignties; that is, the laws of each have, of 
themselves, no force beyond the borders of the 
government enacting them, and no state offi- 
cial may exercise the authority of his office, 
nor may any writ of a state be effective, be- 
yond such territorial limits. Except, then, as 
this general condition of interstate affairs is 
modified by the provisions of the articles of 
Union, the relations of the states are con- 
trolled by the general principles of comity, and 
of private international law, which obtain be- 
tween the independent civilized nations of the 
world. 

The first effect of the union of the states into 
a single sovereign state is, of course, to render 
them, for all national purposes, parts of a 
single political whole. To this extent their 
several governments constitute but parts of 
one great government, their several areas mark 
out administrative districts of a national ter- 
ritory, and their citizen bodies are but frac- 
tions of the political aggregate known as the 
people of the United States. Thus the laws 
of Congress operate through out all the states, 
and the writs of federal courts run wherever 
the national sovereignty extends. 

In several important respects, the Constitu- 
tion, with reference to matters which are left 
within the exclusive control of the states, pro- 
vides for a modification of interstate relations, 
as they would exist under the general prin- 
ciples of public and private international law. 
In the first place it provides for the extradi- 
tion of all persons fleeing from the justice of 
one state into another (Art. IV, Sec. ii, H 2). 
It has indeed been determined that the obliga- 
tion of the asylum state to surrender a fugi- 
tive from justice (see Extradition, Inter- 
state) is not one which may be compelled by 
the Federal Government, and of course, not by 
the state from whose jurisdiction the demanded 
one has fled. But the constitutional provision 
is still of very great value in that, authorizing 



as it does extradition in all cases, it makes 
special extradition agreements unnecessary, 
and, in fact, extradition is very seldom refused. 

Interstate Comity. — In the second place the 
Constitution provides that "the citizens of 
each state shall be entitled to all privileges 
and immunities of citizens in the several 
states" (Art. IV, Sec. ii, ff 1). The impor- 
tance of this provision it is impossible to over- 
estimate. Speaking with reference to this 
point, and to the intent of the requirement, the 
Supreme Court in Paul vs. Virginia (8 Wall. 
168), says: "It was undoubtedly the object 
of the clause in question to place the citizens 
of each State upon the same footing with the 
citizens of other states, as far as the ad- 
vantages resulting from citizenship in those 
states are concerned. It relieves them from 
the disabilities of alienage in other States; 
it inhibits discriminating legislation against 
them by other States; it gives them the right 
of free ingress into other States, and egress 
from them; it insures to them in other States 
the same freedom possessed by the citizens of 
those States in the acquisition and enjoyment 
of property and in the pursuit of happiness; 
and it insures to them in other States the 
equal protection of their laws. It has been 
justly said that no provision in the Constitu- 
tion has tended so strongly to constitute the 
citizens of the United States one people as 
this. Indeed, without some provision of the 
kind, removing from the citizens of each State 
the disabilities of alienage in the others, and 
giving them equality of privilege with citizens 
of those States, the Republic would have con- 
stituted little more than a league of States; 
it would not have constituted the Union which 
now exists." 

The privileges and immunities (see) which 
are thus, within each state, given to all per- 
sons whether they be citizens of that state or 
of another state of the Union, include general- 
ly the private rights of person and property. 
They do not include political privileges, nor 
those special proprietary rights, such as a 
share in the use of state property, which may 
be said to be owned in common by the citizens 



230 



INTERSTATE LAW AND RELATIONS 



of the state. That this comity clause does not 
enable a citizen to carry with him into an- 
other state the special privileges and immuni- 
ties which he may have received under the laws 
of his own state, scarcely needs to be said. 
As the court says in the case already quoted, 
"It was not intended by the provision to give 
to the laws of one state any operation in other 
states. They can have no such operation, ex- 
cept by the permission, express or implied, of 
those states." 

Foreign Corporations. — Corporations (see) 
are not persons in the sense of the word as 
used in this comity clause, and therefore they 
can obtain no benefit from its provisions. 
Hence, it follows that, generally speaking, no 
state is compelled to permit a corporation, 
chartered by another state, to do business with- 
in its limits; or, if it does grant this permis- 
sion, it may do so upon such conditions as it 
may see fit to impose. This is the general 
principle with reference to the extent of a 
state's power over foreign corporations, that 
is, corporations not chartered by itself. In 
operation, however, the rule is subject to im- 
portant qualifications — qualifications which 
arise out of the necessity of the states to re- 
spect federal rights and privileges. In the first 
place, no state may, upon any grounds, exclude 
from its borders corporations chartered by the 
National Government, nor may they prevent 
state corporations from performing federal 
functions, as, for example, the carriage by 
railways of national troops or munitions of 
war. The chief limitation upon the power of 
the state to deal with foreign corporations aris- 
es, however, from their constitutional inability 
to regulate or restrain interstate and foreign 
commerce (see Interstate Commerce and 
Cases ) . In no way may they prevent a foreign 
corporation, any more than they can prevent a 
citizen of another state, from entering or re- 
maining within their respective limits for the 
transaction of interstate commerce. Though 
this leaves them, generally speaking, free to 
attach whatever conditions they may see fit, 
whether by way of taxation or otherwise, to 
the permission to foreign corporations to do a 
wholly local or intrastate business within their 
limits, even here it would seem that where 
the corporations are also engaged in carrying 
on an interstate or foreign commerce business, 
the condition cannot be one which in effect, 
whatever may be its form, does impose a 
burden upon such interstate and foreign busi- 
ness. This is declared in Western Union Tele- 
graph Co. vs. Kansas (216 U. 8. 1), decided 
in 1910. The doctrine of this case is difficult 
to harmonize with a series of cases, the last 
of which is that of Security Mutual Life In- 
surance Co. vs. Prewitt (202 U. 8. 246) in 
which it is held that the permission to a for- 
eign insurance corporation to do business with- 
in a state may be withdrawn in case that com- 
pany exercises its federal constitutional right 



to remove into a federal court a suit brought 
against it in a state court, and that the state 
may by statute provide that this revocation 
shall be made. 

Though not persons (see Person, Legal 
Sense) within the meaning of the comity 
clause, corporations are persons, within the 
meaning of the clause of the Fourteenth 
Amendment that "no State shall deprive any 
person of life, liberty or property, without due 
process of law." Hence, foreign corporations 
are, in this respect, as much protected against 
oppressive action upon the part of the state 
in which they do business or have property in- 
terests as are corporations created by those 
states. 

Full Faith and Credit.— The first section of 
Article IV of the Federal Constitution further 
materially alters the general doctrines of pri- 
vate international law in their application to 
the states as related to one another by provid- 
ing that "full faith and credit shall be given 
in each State to the public acts, records and 
judicial proceedings of every other State." 
As between independent nations these acts, 
records and judicial proceedings have no con- 
clusive probative force when set up in a pro- 
ceedings instituted in a state other than that 
of their origin. That is, they not only have 
to be proved as facts, but they may be attacked 
as having been fraudulently or otherwise im- 
properly made, and the statement of facts 
which they contain may be questioned. The 
effect of the full faith and credit clause of the 
Constitution is to make the public acts, rec- 
ords and judicial proceedings of each state, 
when properly authenticated (the mode of au- 
thentication being declared by act of Congress) 
conclusive evidence of the facts which they 
state and of the determination of legal rights 
which they contain, when set up in a proceed- 
ing in any other state of the Union. The only 
way in which they may be attacked is by way 
of questioning the jurisdiction of the tribunal 
which declared them. It may, however, be said 
that the obligation imposed by this clause has 
an application only to civil proceedings. No 
state, in other words, is compelled to give its 
aid to the enforcement of the penal laws of 
another (see Faith and Credit). 

With reference to the recognition of decrees 
of divorce in states other than those where 
rendered, the application of the full faith and 
credit clause has been especially difficult. This 
has arisen out of the fact that in very many 
cases the jurisdiction of the courts rendering 
the decrees has been doubtful with respect to 
the defendant or the plaintiff or sometimes as 
to both. Owing to a comparatively recent de- 
cision of the Supreme Court (Haddock vs. 
Haddock, 201 U. 8. Reports, 562) the whole 
subject has become so complicated and techni- 
cal that its discussion here is impossible. 

Alliances between States. — Another respect 
in which the relations of the states of the 



231 



INTEEURBAN LINES 




232 



INTERURBAN LINES 



Union inter se are different from those which 
exist between independent states is that they 
are expressly forbidden by the Constitution to 
enter into any treaty, alliance or confedera- 
tion, or, without the consent of Congress, to 
enter into any agreement or compact either 
with foreign states or with one another. This 
prohibition has not, however, been construed 
with absolute strictness, and, as a consequence, 
the states are permitted, without the necessity 
of first obtaining congressional permission, to 
enter into agreements with one another which 
are not of political significance, and which do 
not tend to create, in any real sense, a treaty 
of alliance or confederation. Thus they may 
agree as to the joint or harmonious control of 
boundary waters, or the enforcement of quaran- 
tine regulations, etc. This subject is especial- 
ly considered by the Supreme Court in the case 
of Virginia vs. Tennessee (148 U. 8. 503). 

Suits between States. — A final respect in 
which the relations of the states of the Union 
to one another are other than those which ob- 
tain between independent states, is that they 
may sue one another, for this purpose insti- 
tuting original proceedings in the Supreme 
Court of the United States. A considerable 
number of such suits have been litigated. Most 
of these have had for their purpose the settle- 
ment of boundary disputes. Others have, how- 
ever, related to matters less political in nature. 
Thus one state has been permitted to implead 
another upon the ground that the defendant 
state had, by the construction of certain irri- 
gation works, unjustifiably depleted the water 
of streams flowing into and through the plain- 
tiff state. So also, another state, acting as 
parens patriae, has been held to have the right 
to question the power of another state to defile 
the waters of a river which furnishes water to 
the inhabitants of the complainant state. And, 
in another suit, a state has been permitted to 
sue, and indeed to obtain judgment against, 
another state upon certain bonds of the latter 
owned by the former (see Eleventh Amend- 
ment). It has, however, been held that the 
maladministration of the laws of one state does 
not furnish ground for a suit by a state whose 
citizens, it is claimed, have been thereby in- 
juriously affected (see States as Parties 
to Suits). 

Extra Legal Relations. — One further topic of 
interstate relations deserves mention. This is 
the opportunity which exists for states in an 
extra-legal, but none the less important and 
proper ways, to obtain, harmonious and mutu- 
ally advantageous action with reference to 
matters of state interest and control. This is 
by means of joint meetings of commissioners 
and other agents from each of the states, the 
agreements obtained at such meetings furnish- 
ing the basis for identical or harmonious ac- 
tion on the part of the several states (see 
Uniform State Legislation). Thus, within 
recent years several conventions of the gov- 



ernors of the states have been held, with re- 
sults that have been very satisfactory (see 
House of Governors ) . So, also, through the 
meetings of commissions on uniform legisla- 
tion, the divergent laws of many of the states 
in several important respects, and especially 
as to the important subject of negotiable in- 
vestments, have been brought into substantial 
uniformity. So, similarly, there are held at 
regular intervals, conventions of state railway 
commissions; state factory inspectors, etc. It 
would seem that there is abundant opportunity 
for beneficient increase in the work that may 
be done through this extra-legal joint action. 

See Comity, Federal; Double Citizenship; 
Extradition, Interstate ; International 
Law, Private; Privileges and Immunities of 
Citizenship; United States as a Federal 
State. 

References: L\ K. Watson, Constitution of 
the U. 8. (1910) ; J. R. Tucker, The Constitu- 
tion of the U. 8. (1899), 627-634; W. W. Wil- 
loughby, Constitutional Law of the U. 8. 
(1910) ; J. I. C. Hare, Am. Constitutional Law 
(1889) ; H. C. Black, U. 8. Constitutional Law 
(3d ed., 1910) ; D. Rorer, Am. Interstate Law 
(2d ed., 1893). W. W. Willoughby. 

INTERURBAN LINES. The interurban 
railroad of the present day is the outgrowth 
of the last twenty years. In its physical as- 
pects it is a line having easy grades, a low 
degree of curvature, built principally upon a 
private, fenced-in, right-of-way that has as 
few grade-crossings as possible, making stops 
at stated points, one or more miles apart, at 
which station buildings are frequently erected, 
and constructed in a manner capable of high 
speed operation and the handling of heavy 
equipment and loads. 

The interurban road of today is often built 
upon the same engineering standards as those 
of steam railroad construction, the chief differ- 
ence being that the motive power is electricity 
rather than steam. The modern roads built 
according to these general standards, while 
securing the major portion of their income 
from the handling of passenger traffic, never- 
theless, have developed a large and profitable 
freight and express business in both carload 
and less-than-carload lots. 

The interurban road fills a distinct need 
which cannot be filled by the steam railroad. 
The economies of single car operation with 
electric power enable it to give a more frequent 
passenger service than with steam operation. 
The interurban road is essentially a local prop- 
osition, although in a constantly increasing 
number of cases freight traffic is interchanged 
with steam railroads, making the interurban, 
in a sense, a part of a national transportation 
system. Some of the large interurban systems, 
especially in New England, are owned by rail- 
roads, or by the same interests (see map on 
opposite page). 



233 



INTERVENTION— INTIMIDATION 



See Express Service, Regulation of; Rail- 
road Commissions, State; Railroads, Elec- 
tric; Railroads, Street; Transportation, 
Economic Principles of; Transportation, 
Regulation of. 

References: E. Gonzenbach, Engineering Pre- 
liminaries for the Interuroan Electric Railway 
(1903) ; W. C. Gotshall, Notes on Electric Rail- 
loay Economics and Preliminary Engineering 
(1903) ; W. B. Brockway, Electric Raihvay Ac- 
counting (1906) ; G. S. Pease, Freight Trans- 
portation on Trolley Lines (1909). 

Thomas Conway, Jr. 

INTERVENTION. Definition.— The right of 
intervention in the affairs of a state by another 
state was formerly claimed, and the practice 
of intervention was common. It is now gener- 
ally recognized that there exists an obligation 
of non-intervention, as correlative of the right 
of independence. Of intervention, Sir W. Har- 
court said: "It is a high and summary proce- 
dure which may sometimes snatch a remedy 
beyond the reach of law. Nevertheless, it must 
be admitted that in case of Intervention, as in 
that of Revolution, its essence is illegality, and 
its justification is its success. Of all things, 
at once the most unjustifiable and the most im- 
politic is an unsuccessful Intervention." 

Practice. — Intervention by one or more 
states in the affairs of other states has, how- 
ever, been common on various grounds, espe- 
cially during the nineteenth century, such as 
interventions to preserve the peace of Europe; 
to maintain the balance of power; or on the 
ground of treaty stipulations. Intervention by 
a state for the preservation of its independence 
has been regarded as an alternative for war 
which might, by this means, be avoided. The 
method of intervention may vary, as by arms, 
display of force, diplomatic negotiations, or 
less positive methods. The offer of good of- 
fices (see) or mediation (see) is not regarded 
as intervention, because in such cases the con- 
straint put upon a state is merely moral and 
may be rejected without offense, while inter- 
vention is an invasion of independence. 

Justification. — (1) Intervention for the 
maintenance of the principles of international 
law would even now be regarded with favor 
only in an extreme case. This was the case 
when several powers sent armed forces to China 
in 1900 to rescue the diplomats and other for- 
eigners who were shut up in Pekin by the 
Boxer uprising. (2) Intervention has also 
been approved to prevent action in general 
contrary to the ideas of the time, as for the 
suppression of the slave trade. (3) Interven- 
tion has been resorted to in certain cases be- 
cause sanctioned by the policy of a consider- 
able number of states, as in many instances in 
regard to eastern affairs in Europe. (4) In- 
tervention on the grounds of humanity has 
been used to cover many acts which would 
hardly be justified by the ostensible reason. 



Whether the ultimate results may not show 
that the action should have been taken is not 
the question involved in passing on the 
grounds of intervention. The plea of humanity 
should not be made to cover the purely selfish 
motives which have often actuated interven- 
tions. (5) Interventions under treaties of 
guaranty or other treaty stipulations have 
often been justified in the publication of the 
reasons, though it is doubtful whether such 
grounds are sufficient. (6) Intervention for 
the protection of religious, commercial and 
other rights of the citizens of one state when 
they are in another state has been undertaken 
by stronger states against weaker. Interven- 
tion on religious grounds has taken place in 
southeastern Europe most frequently and in- 
tervention on behalf of the commercial inter- 
ests of citizens has been the ground of action 
in many instances by European against South 
American states. The "Drago Doctrine" (see) 
which led to the formulation of the Hague Con- 
vention of 1907 respecting the Limitation of 
the Employment of Force for the Recovery of 
Contract Debts, is a refutation of the right of 
intervention for the collection of financial 
claims. (7) Intervention is, however, sanc- 
tioned on the European continent in the doc- 
trine of the "balance of power," and in the 
western hemisphere in the "Monroe Doctrine." 

See Belligerency; Conquest, Right of; 
Drago Doctrine; Good Offices; Insurgency; 
International Law; Monroe Doctrine; Neu- 
trality, Principles of; Recognition of New 
States ; War, International Relations in. 

References: G. G. Wilson, Int. Law (1910), 
55-73; L. Oppenheim, Int. Law (1912), I, 188 
et seq.; J. B. Moore, Digest of Int. Law (1906), 
I, 2, et seq. George G. Wilson. 

INTIMIDATION. Intimidation at elections 
may be classed under three heads: (1) Physi- 
cal intimidation, the kind usually meant by the 
term, which threatens the person or property 
of the voter, was especially common in the 
South when the Ku Klux Klan (see) attempt- 
ed to drive negroes and union whites from the 
polls. It was not unknown in other communi- 
ties before the secrecy of the ballot was se- 
cured. (2) Industrial intimidation has been 
practiced by some large employers of labor 
who tried to send their employees to the polls 
in a body and, under penalty of loss of work, 
to vote them en masse. Opposition to this 
form of coercion was one of the strongest 
forces leading to the introduction of the so- 
called Australian ballot (see). (3) The third 
kind of intimidation, threatened loss of social 
caste, has never been a very serious menace to 
the freedom of the voter, although it has un- 
doubtedly existed in certain communities. 
Proper administration of the Australian sys- 
tem, however, by securing absolute secrecy of 
voting and removing all excuse for election 
agents at the polls has greatly reduced the 



234 



INVASION— INVESTIGATIONS, LEGISL ATI VE 



opportunities for intimidation of any kind. In 
recent years those who wish unduly to influence 
the result of elections have usually resorted 
to other means. See Ballot; Election Sys- 
tem in United States; Fbalds, Electoeal. 
References: A. B. Hart, Actual Government 
(1903), 104; J. Bryce, Am. Commonwealth 
(4th ed., 1910), II, 150; J. F. Rhodes, Hist. U 
8. (1910), VI, 180-184; H. W. Elson, Hist. 
U. 8. (1905), IV, 330; W. Wilson, Division 
and Reunion (1909), 274; E. Stanwood, Hist, 
of the Presidency (1898), 333. J. M. 

INVASION. An invasion is the entry of a 
country by a public enemy making war. Un- 
der its general war power (Art. I, Sec. viii, 
Iffl 11-14) Congress may provide for resisting 
invasion of any portion of the territory sub- 
ject to the jurisdiction of the United States, 
and the President as Commander-in-Chief of 
the Army and Navy may employ the military 
and naval forces of the United States in re- 



sisting such invasion. It is also expressly 
provided that Congress may call forth the mili- 
tia to repel invasions (Art. I, Sec. viii, 1ffl 15, 
16 ) , and it is also provided that the United 
States shall protect each of the states against 
invasion; but in case of domestic violence the 
Federal Government has authority to interfere 
only on application of the state legislature or 
of the executive when the legislature can not 
be convened (Art. IV, Sec. iv). While the 
states may maintain a militia (Art. I. Sec. 
viii, K 16), they are prohibited from engaging 
in war unless actually invaded or in such im- 
minent danger as will not admit of delay (Art. 
I, Sec. x, If 3). The only other reference to 
invasion in the Federal Constitution is that 
prohibiting the suspension of the writ of ha- 
beas corpus unless in cases of rebellion or in- 
vasion (Art. I, Sec. ix, fl 2). See Insubbec- 
tion; W'ab. E. McC. 

INVENTIONS. See Patents. 



INVESTIGATIONS, LEGISLATIVE 



Constitutional Basis. — A legislative investi- 
gation is essentially a judicial act, not author- 
ized by law but based upon the constitutional 
or inherent right of one or both houses to 
order it and incidentally to compel testimony. 
The function has its origin in Parliament, but 
under the American system of separation of 
powers its exercise is limited to matters ex- 
pressly delegated by the Constitution or essen- 
tial to the complete exercise of legislative pow- 
er. In the federal (Art. I, Sec. v, ^ 1) and 
state constitutions each house of the legislature 
is given control over its own members and elec- 
tions, and the lower house (Art. I, Sec. ii, 
If 5) may impeach executive and judicial of- 
ficers, while the upper house (Art. I, Sec. iii, 
If 6) sits as a court of impeachment {see Im- 
peachment ) . Investigations incident to the 
exercise of these conferred judicial powers are 
a matter of course ; but the extent of those 
under the legislative power is based upon no 
constitutional grant, and the right has been 
variously exercised and interpreted. 

Congressional. — In Congress the decision of 
the Supreme Court in 1821, in Anderson vs. 
Dunn (6 Wheat. 204), was considered as sanc- 
tioning a wide range of investigation. But in 
1880, in Kilbourn vs. Thompson (103 U. 8. 
168), it was decided that neither house had a 
general power of inquiry into the private af- 
fairs of a citizen, but must limit its investiga- 
tions to matters within some express grant in 
the Constitution, or to those found necessary 
to carry into effect powers as there granted. 
When, however, the matter under investiga- 
tion is the conduct of members, such as in the 
senatorial "sugar scandals" of 1894, the court 



has held that a witness may be compelled to 
disclose such personal actions as would throw 
light on the subject (ex parte Chapman, 166 
U. 8. 611). Whether the houses of Congress 
have the right to compel testimony upon pri- 
vate affairs within their restricted legislative 
power has never been directly decided; but in 
Interstate Commerce Commission vs. Brimson 
(154 U. S. 477) the Supreme Court, in 1894, 
upheld the right of Congress to authorize the 
commission to send for persons and papers, as 
this commission is used by Congress to obtain 
the "full information necessary as a basis of 
intellectual legislation." Such an investigation 
into private affairs, however, must be material 
to the matter of interstate commerce. Moreover, 
it has been a general practice for either house 
to coerce answers in investigations upon legis- 
lative matters which it considered within its 
province. In 1859 the Senate imprisoned as 
for contempt a witness who refused to testify 
in the inquiry into the Harper's Ferry raid; 
for the resolution authorizing the investiga- 
tion had ordered the committee making it to 
"report whether any and what legislation may 
. . . be necessary, on the part of the United 
States, for the future preservation of the peace 
of the country or for the safety of the public 
property." 

State Legislation. — No such restriction of 
the field exists in state investigations; for, un- 
less prohibited by the state or Federal Consti- 
tution, a legislature may frame statutes upon 
any matter of human activity, and w T here it 
may legislate it may seek information on which 
to base law. There has, however, developed a 
tendency to inquire into the method and pur- 



64 



235 



INVESTIGATIONS, LEGISLATIVE 



pose of the examination, and wherein lies the 
power to make it. A standard case is that of 
People vs. Keeler (99 N. Y. 463), decided in 
1885. The court held that an investigation of 
the department of public works of New York 
City, ordered by the senate alone, was the ex- 
ercise of a "necessary incident of the sovereign 
power of making laws and . . . often in- 
dispensable," but if the investigation had been 
merely for a political purpose, to subject the 
uody to public animadversion or to vindicate 
it, where no legislation was intended to result 
and, the legislature having no power to put 
the officials on trial, the proceedings must 
necessarily end with the investigation, it would 
not have been a constitutional legislative pro- 
ceeding. Incidental political purpose will not 
condemn an investigation, such as an inquiry 
into the working of a primary election law, so 
long as the matter is within the dominion of 
public purpose and general interest and the 
hearings are held with a view to enlightening 
the legislature (State vs. Frear, 138 Wis. 
173). As investigations have usually been 
ordered when one party controlled the house 
which directed the inquiry and the other party 
the body investigated, the political purpose is 
too often evident, and the result aimed at the 
formation of public opinion rather than the 
formulation of legislation; but at least legisla- 
tive amendment must be the avowed purpose 
of the probe, or the information gathered must 
be capable of usefulness in that direction. In 
the resolution for the Lexow investigation of 
the police of New York in 1894 such legislative 
purpose was stated, but Governor Flower ve- 
toed an appropriation for it because he con- 
sidered that it had every appearance of being 
a misuse of the legislative power "for the 
manufacture of political capital or the division 
of political patronage." The results of the in- 
vestigation, thanks to Goff, the counsel, rather 
than to any purpose of the state senate in 
ordering it, were far reaching but they were 
not accomplished through any direct legisla- 
tion. From the investigation of the railroad 
riots in Pennsylvania in 1877 no legislation 
seems to have been intended, yet the inquiry 
was entirely a proper one. On the other hand, 
the legislative results of the Armstrong inves- 
tigation of insurance companies in New York 
in 1905 were of the greatest importance. It 
will probably never be possible for the courts 
to lay down any definite rule as to what con- 
stitutes a legitimate legislative examination. 
By a Single House. — The right of a single 
house to order such an inquiry was not ques- 
tioned until 1906. Then the Ohio supreme 
court, in State vs. Guilbert (75 Ohio St. 1), 
decided that the powers of the separate houses 
are not general, like the legislative power of 
the entire general assembly but only such as 
specified, and that there is no express power 
for either house to make a general legislative 
inquiry; therefore an investigation of the mu- 



nicipal government of Cincinnati ordered by 
the senate was illegal. This reasoning of the 
court is equally applicable to an investigation 
ordered by a concurrent resolution; hence 
when, in 1908, other investigations were de- 
sired they were ordered by joint resolutions 
having the force of laws. This decision is 
probably too extreme to be followed generally, 
but it shows the tendency to limit the power. 

Testimony and Contempt. — Investigations 
cannot be efficient without the power to compel 
testimony. In many of the constitutions each 
house v is authorized to enforce obedience to its 
processes: the constitutions of Florida and 
Mississippi give to each house the power to 
compel the attendance of witnesses; those of 
Kentucky and of Oklahoma give power to pun- 
ish for contempt; and the states generally have 
statutes which deny to witnesses the right to 
refuse to testify on the ground of self-incrim- 
ination. This is based on the idea that the 
investigation is only an inquiry, and in legisla- 
tive matters entirely impersonal, aiming at the 
amendment of laws and not at the enforcement 
of them. For the same reason, and in order 
to avoid running counter to the constitutional 
prohibition against compelling a man to be a 
witness against himself, it is further provided 
that the witness shall not be prosecuted because 
of the testimony, except for perjury. In Con- 
gress, under recent decisions, the power of con- 
tempt is limited to cases involving the right 
of either house to punish its own members, 
to compel attendance of witnesses in election 
and impeachment cases, and in cases which 
may involve the existence of the house. Beyond 
these, contumacy cannot be punished except 
through the courts. It has been made a mis- 
demeanor (Rev. Stat. §§ 102-104), applicable 
in cases of general legislative inquiry and also 
as an additional punishment in cases where 
contempt may still be cited. 

Committees. — Investigations may be made 
by either house as a whole, but almost invari- 
ably committees are employed. The power 
thus to delegate the right is generally acknowl- 
edged, and in some of the state constitutions 
is expressly affirmed. The standing committees 
sometimes hold hearings, but no committee can 
"send for persons and papers" without express 
authority from its house. In Maryland one 
committee has such authority from the con- 
stitution. A special investigation may be as- 
signed to a standing committee, but usually a 
special committee is created. The resolution 
states the reasons for the inquiry, and the 
powers and duties of the committee, which 
may be a committee of one house or a joint 
committee ordered by a concurrent resolution. 
A committee has the power to issue subpoenas 
and to administer oaths; but usually it can 
only certify the contumacy of the witness to 
the house for punishment, although in West 
Virginia a committee sitting during recess may 
punish, and in Oklahoma at all times. Ex- 



236 



INVOLUNTARY SERVITUDE— IOWA 



penses may be met out of a contingent fund or 
by special appropriation, and such an appro- 
priation has been held to legalize an investiga- 
tion otherwise unauthorized (In re Davis, 49 
Pac. Rep. 160). 

Committees of investigation may not sit ex- 
cept during the meeting of the legislature un- 
less authorized to do so; this authority is 
usually given with directions to report to the 
next meeting of the legislature or to the 
governor. Committees should not sit beyond 
the lifetime of the legislature ordering them, 
but this rule has been violated even by Con- 
gress. The right to sit after adjournment has 
been questioned. In ex parte Caldwell (55 8. 
E. Rep. 910) the West Virginia court held, in 
1906, that a committee appointed by one house 
had no power after the legislature adjourned; 
that such power could only reside in a com- 
mittee appointed by joint resolution, as this 
would be like a statute. Moreover, both houses 
might meet again, whereas one house could not. 
A committee authorized by law stands upon 
an entirely different plane from one based on 
general parliamentary right. 

See Committee System; Congress. 

References: A. C. Hinds, Precedents of the 
Bouse of Representatives (1907-1908), III, 
chs. liv, lv, and index, title Investigations; F. 
W. Whitridge, "Legislative Inquests" in Pol. 
Sci. Quart., I (1886), 84-102; J. A. Lapp, 
"Legislative Investigations" in Am. Pol. Sci. 
Rev., IV (1910), 68 fl 73. Additional cases: In 



re Pacific Railraod Commission, 32 Fed. Rep. 
251; Counselman vs. Hitchcock, 142 U. S. 547; 
Brown vs. Walker, 161 U. 8. 591; Marshall 
vs. Harwood, 7 lid. 466; Ex parte McCarthy, 
29 Gal. 395; People vs. Webb, 5 N. Y. Sup. 
855. Reports of investigations can be found 
through R. R. Bowker, State Publications 
(1899-1908). D. M. Matteson. 

INVOLUNTARY SERVITUDE. The invol- 
untary servitude which is prohibited by the 
Federal Constitution {see Th^teenth Amend- 
ment) includes not only a condition of ab- 
solute slavery but also such legal or social con- 
ditions as involve the enforcement by criminal 
punishment or other legal proceedings of con- 
tractual or other obligations to render personal 
services. It does not include the obligations 
to render services involved in recognized legal 
relations of superiority and dependence such 
as those of parent and child, guardian and 
ward, master and apprentice. In short, the 
law recognizes the binding force of obligations 
to render service either resulting from legal 
relations of dependency or from contractual 
obligations voluntarily assumed, but it does not 
recognize the right either on the part of a 
superior in authority or one who is entitled 
by contract to have the services of another 
to interfere with the fundamental principles 
of personal liberty. See Liberty, Legal Sig- 
nificance of; Peonage; Slavery. 

E. McC. 



IOWA 



Early History. — The Iowa country was first 
explored by Marquette and Joliet in June, 1673. 
As a part of the province of Louisiana it was 
successively under the sovereign jurisdictions 
of France (to 1762), Spain (1762 to 1800), 
France (1800 to 1803), and the United States 
(1803 to date). Since 1803 the Iowa country 
has been under the following subordinate juris- 
dictions: the District of Louisiana (1804 to 
1805); the Territory of Louisiana (1805 to 
1812); the Territory of Missouri (1812 to 
1821); the Territory of Michigan (1834 to 
1836) ; the original Territory of Wisconsin 
(1836 to 1838) ; the Territory of Iowa (1838 
to 1846); and the State of Iowa (1846 to 
date). From 1821 to 1834 the Iowa country 
was without a local constitutional status. 

The earliest white settlements were made 
during the period of Spanish jurisdiction; but 
it was not until the coming of the Lang- 
worthys to the Dubuque mines in 1830 that 
the permanent settlelment of Iowa may be 
said to have commenced. On June 1, 1833, the 
Iowa country was actually opened to settle- 
ment, following the Black Hawk Purchase of 
September 21, 1832. After June 1, 1833, the 
population increased rapidly. Settlers came 



237 



from all parts of the Union. According to the 
first census the inhabitants numbered 10,531 
in 1836. In 1838 there were 22,859; 674,913 
in 1860; 2,231,853 in 1900; and 2,224,771 in 
1910. 

The earliest government in Iowa consisted of 
the extra-legal organizations of the settlers. 
On the 17th of June, 1830, the miners at Du- 
buque adopted a simple code of fundamental 
law. In other parts of the Iowa country "land 
clubs" or " claim associations" were organized 
for the protection and government of the early 
settlers, who were called "Squatters." The 
constitutions, by-laws, and resolutions of these 
organizations, have sometimes been referred 
to as the "Squatter Constitutions." Alto- 
gether squatter government in Iowa succeeded 
in maintaining order and substantial justice 
on the frontier. 

Territorial Government. — Actual constitu- 
tional government was inaugurated with the 
incorporation of the Iowa country into the 
territory of Michigan by an act of Congress in 
1834 and the establishment of the original 
counties of Dubuque and Des Moines and the 
original townships of Julien and Flint Hills by 
the Michigan Legislative Council in Septem- 



IOWA 



ber, 1834. From 1834 to 1836 the Iowa coun- 
try formed an integral part of the Territory 
of Michigan. From 1836 to 1838 the govern- 
ment and laws of the Iowa country were those 
of the original territory of Wisconsin. On 
July 4, 1838, the separate territory of Iowa 
was established under an act of Congress ap- 
proved June 12, 1838. Under this act the peo- 
ple were guaranteed all the rights, privileges, 
and advantages granted to the inhabitants of 
the old Northwest Territory under the pro- 
visions of the Ordinance of 1787; and they 
were entitled to a delegate in Congress. The 
governors of the Territory of Iowa were Robert 



by the people. Although the question of revi- 
sion has been submitted to a vote of the peo- 
ple regularly every ten years the constitution 
of 1857 has never been subjected to revision 
since its adoption. It has, however, been 
amended at five different times (1868, 1880, 
1884, 1904, 1908) in minor particulars. 

Present Government. — In the government of 
Iowa under the Constitution of 1857 there is 
little that is peculiar or unusual. The general 
government of the state is organized upon the 
tri-partite principle. The legislative power 
is exercised by a general assembly composed of 
a senate of 50 members elected for a term of 



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Boundaries of the State of Iowa, Showing Territorial Changes 



Lucas (1838-1841), John Chambers (1841- 
1845), and James Clarke (1845-1846). 

Constitutions. — Iowa was admitted into the 
Union on December 28, 1846. The constitu- 
tion of 1846 was unsatisfactory chiefly on ac- 
count of the restrictions placed upon banking 
corporations (which by article 9 were practical- 
ly prohibited) and the difficulties placed in the 
way of amending the provisions of the consti- 
tution itself which could be accomplished only 
by means of a constitutional convention. Ac- 
cordingly a new constitution was drawn up by 
a convention at Iowa City and adopted by the 
people in 1857. The question whether other 
than white persons should be admitted to the 
suffrage, separately submitted, was voted down 



four years and a house of representatives of 
108 members elected for a term of two years. 
The regular sessions of the general assembly 
are biennial. The executive and administrative 
power is confided to a governor, a secretary of 
state, a treasurer, an auditor, an attorney gen- 
eral, and a superintendent of public instruction 
— all of whom are elected for a term of two 
years. Besides these executive departments 
there are numerous statutory boards and com- 
missions charged with the administration of 
special laws or phases of government. Chief 
among these are: (1) the Executive Council 
composed of the governor, secretary of state, 
treasurer, and auditor; (2) the Board of Con- 
trol of State Institutions (three members) hav- 



238 



IROX-CLAD OATH— IRRIGATION AND IRRIGATED LANDS 



ing charge of the charitable and penal insti- 
tutions of the state; (3) the Board of Railroad 
Commissioners (three members) having charge 
of the administration of the laws relative to 
railway and express companies; and (4) the 
State Board of Education (nine members) hav- 
ing in charge the state university, the state 
College of Agriculture and Mechanic Arts, the 
Iowa State Teachers' College, and the College 
for the Blind. The judicial power is confided 
to an elective judiciary consisting of a supreme 
court, district and superior courts, and justices 
of the peace. 

Local government in Iowa is organized on 
the county-township or commissioner plan. In 
each of the ninety-nine counties there is a 
board of from three to seven supervisors, elect- 
ed in some counties at large and in others by 
districts. The other county officers are: audi- 
tor, treasurer, recorder, clerk of court, attor- 
ney, sheriff, coroner, engineer and superintend- 
ent of public schools. In each township is a 
board of three trustees, one assessor, one clerk, 
two justices of the peace, and two constables — 
all elected by the people. 

The municipalities of the state are classed 
as: (1) cities of the first class (having a popu- 
lation of 15,000 or over) ; (2) cities of the 
second class (population between 2,000 and 
15,000); (3) towns (population under 2,000) . 
In the three classes the government is very 
much the same, consisting chiefly of a mayor 
and council elected by the people. A somewhat 
different form of municipal government, known 
as the "Des Moines Plan," may be adopted by 
a vote of the people in cities of 2,000 in- 
habitants and over. This plan, which was first 
adopted by Des Moines in 1908, is a revised 
form of the Galveston Plan. This form of 
municipal government has already been adopt- 
ed (June, 1913) in the following cities: Bur- 
lington, Cedar Rapids, Des Moines, Fort Dodge, 
Keokuk, Marshalltown, Ottumwa and Sioux 
City. (See Commission System of City 
Government.) 

For more than fifty years the politics of 
the state have been dominated by the Republi- 
can party — with the exception of the years 
1890-1894, when the office of governor was 
filled by a Democrat. Recent state legislation 
has been characterized by the adoption of such 



"progressive" measures as the two cent fare 
act and the compulsory state-wide system of 
primary elections for the nomination of state 
and local officers, including United States Sen- 
ators but excluding the justices of the supreme 
and district courts. The most important po- 
litical problems now pressing for solution are: 
tax reform; an adequate employers' liability 
and workman's compensation act; a corrupt 
practices act; the control and regulation of 
public utilities; and the perfection of the pri- 
mary election law. 

See Commission System of City Govern- 
ment; Constitutions, State, Characteris- 
tics of. 

References: F. E. Horack, The Government 
of Iowa (1911) ; B. F. Shambaugh, History of 
the Constitutions of Iowa (1902), Documen- 
tary Material Relating to the History (1895- 
1901) ; Iowa Biographical Series (1907-1912) ; 
Iowa Journal of History and Politics (1903- 
1912); Iowa Economic History Series (1908- 
1912). Benjamin F. Shambaugh. 

IRON-CLAD OATH. A name given the 
stringent oath of office prescribed by Congress 
in 1862 and applied at the close of the Civil 
War for office holders in the reconstructed 
states. It aimed at the exclusion of all who 
had participated in the "rebellion." See Recon- 
struction. Reference: W. MacDonald, Select 
Statutes (1903), 65. O. C. H. 

IRREPRESSIBLE CONFLICT. William 

Henry Seward {see) used these words in a 
speech at Rochester, New York, October 25, 
1858. Dwelling on the irreconcilable antithesis 
between slavery and freedom, he said: "It is an 
irrepressible conflict between opposing and en- 
during forces, and it means that the United 
States must and will, sooner or later, become 
either entirely a slave-holding nation, or en- 
tirely a free-labor nation." This was similar 
to the doctrine of Lincoln's "house divided 
against itself" speech delivered the previous 
June. It did not mean that war must come 
but that the forces of slavery and freedom were 
necessarily in continuous warfare. See 
Slavery Controversy. Reference: F. K. 
Lothrop, William Henry Seward (1899), 186. 

A. C McL. 



IRRIGATION AND IRRIGATED LANDS 



Need of Irrigation. — One-third of the United 
States is arid, and in its natural state is in- 
capable of producing useful crops. Only with- 
in comparatively recent years has it been rea- 
lized that considerable areas of this desert 
land can be developed for agricultural purposes 
by the conservation and use of flood waters ot 
the streams issuing from the mountain masses. 



The recognition of this fact in federal laws 
and operations has resulted in one of the larger 
practical applications of the principles of con- 
servation made possible under the administra- 
tion of President Roosevelt and largely by his 
personal interest. 

The permanent settlement of the United 
States began on the eastern or humid side of 



239 



IRRIGATION AND IRRIGATED LANDS 



the country and was made by men who came 
from similar European regions where agricul- 
ture is dependent upon rainfall and surface wa- 
.ter. Though this has been considered the 
normal condition of crop production, in the 
United States, it was preceded in Asia and 
in the arid regions around the Mediterranean, 
by control of the waters and their artificial 
application to the fields at the times of need. 
To the soil-tillers of these older countries as 
to the dweller in the arid regions of America, 
dependence upon rainfall for crops is consid- 
ered a poor substitute for irrigation. 

Deficiency of rainfall usually occurs in a 
country where there is a large amount of sun- 
shine which gives life to the plants, and if 
moisture can be supplied in proper times and 
quantities, the growth of the plants is at the 
best in such regions. 

It is usually assumed that from 15 to 20 
inches of annual rainfall is necessary for the 
successful cultivation of the ordinary crops. 
If, however, most of it falls during the winter 
and there are prolonged summer droughts, the 
deficiency must be supplied during the growing 
season even though the total annual amount 
appears to be sufficient. The eastern half of 
the United States has usually enough rainfall 
to insure fair crops. The greater part of the 
western half has so little precipitation that 
fully two-thirds of its extent is classed as arid. 

Defects of the Land System. — Nearly all of 
the present area of the continental United 
States, outside of the 13 original states and 
Texas, once belonged to the people of the 
United States, and was at the disposal of 
Congress. The laws respecting the public do- 
main were drawn upon the assumption that 
the humid conditions of the East applied every- 
where. The methods of land survey and sub- 
division, the requirements of residence and 
cultivation, were all based upon this concep- 
tion. As the lands were taken up progressively 
from east to west, and the settlers encroached 
further and further upon the sub-humid, the 
semi-arid, and finally upon the truly arid 
regions, it was found that the land laws which 
were admirable for the Ohio and Mississippi 
valleys were entirely unsuited for the Rocky 
Mountain regions. 

Hence arose a conflict between the natural 
conditions and those artificial requirements 
of legislation. The growing population of the 
United States must have homes, and the in- 
dustries which could be carried on within the 
arid region required possession of the lands. 
Since they could not be homesteaded or other- 
wise taken up in full compliance with the laws, 
and must be obtained in some way, there arose 
a systematic and widespread evasion of the 
letter of the law. Vast tracts of public domain 
passed into the hands of cattle men and 
lumbermen, through shadowy compliance on 
the part of their employees with the require- 
ments of residence and cultivation. 



The tardy development or adaptation of the 
land laws was accompanied by an equally un- 
satisfactory growth of laws governing the dis- 
tribution and control of water needed for the 
irrigation of the dry lands. The states con- 
taining semi-arid land naturally adopted the 
laws of their sister states to the east, which 
were modelled upon the common law of Eng- 
land, where there is water enough and to 
spare for every common need. 

The theory of the water laws was that the 
natural streams should be permitted to flow 
undiminished in quantity and unchanged in 
quality, each landowner bordering upon the 
stream or riparian proprietor having the right 
to enjoy the use of the stream within these 
requirements. In the arid region, however, 
this was obviously impossible, as the very 
conditions of life demanded that water be tak- 
en from the natural streams and utilized or 
consumed in the production of crops without 
return to the water course. Recognition of 
this fact has been slow, and in some states of 
the West the riparian doctrines of the east 
were adopted at least in part or embodied in 
court decisions; while in other states there 
was general recognition of the doctrine of 
appropriation limited by beneficial use of wa- 
ter, but coupled with conditions which ren- 
dered difficult the ascertainment of rights. 

Many of the lawyers and judges coming from 
humid states could not, at first, adjust their 
ideas to conditions new to them, and the re- 
sulting uncertainty as to the law and its ap- 
plication, were such that in some states the 
cost of litigation over the rights to the use of 
water has probably exceeded the cost of con- 
struction of the works. California, for ex- 
ample, is a large state embracing humid re- 
gions and ample rainfall, and also deserts 
where life is impossible without an artificial 
supply of water. The Spanish settlers intro- 
duced the idea of appropriation and diversion 
of the streams; while the English-speaking 
settlers from the humid east stuck to riparian 
conceptions. Judicial decisions were made, 
based at one time on the requirements of the 
arid portion of the states, at other times on 
precedents from England and the East; result- 
ing in consequent confusion as to the owner- 
ship and use of water diverted for the de- 
velopment of the arid lands. 

Federal Legislation on Irrigation. — The ideal 
system of controlling irrigation water is for. 
the state to provide a method by which the 
quantity of water flowing in the various 
streams may be ascertained and the claims to 
this water may be recorded in systematic or- 
der, each claim being limited to the amount 
necessary for the purpose to which it is devot- 
ed. This fundamental doctrine is embodied in 
the federal reclamation or Newlands act of 
June 17, 1902 — "that the right to the use of 
water . . . shall be appurtenant to the 
land irrigated, and beneficial use shall be the 



240 



IRRIGATION AND IRRIGATED LANDS 



basis, the measure, and the limit of the right." 
This conception is being slowly crystallized 
into law in the various states, even in Cali- 
fornia. 

The question as to the control of water as 
between different states is one which has yet 
to be settled. Within the bounds of each state, 
it is practicable for that state, through its 
courts or executive machinery, to distribute the 
water to rival claimants in the order of prior- 
ity, and with consideration of beneficial use. 
Where a river crosses state lines and several 
communities are concerned, it is evident that 
the power of the state ceases. It has been 
customary to assume that the upstream state 
will take all of the water it can, without regard 
to the needs of the communities down stream. 
Appeal by the persons injured to the Supreme 
Court of the United States has not as yet 
settled the many important questions (see 
Kansas vs. Colorado, 206 V. S. 46 ) . 

The first recognition by Congress of the 
peculiar conditions of water supply existing in 
the arid regions is contained in the general act 
of July 26, 1866, relating to the mineral lands, 
which attempts an adjustment of the use of 
water in hydraulicing. It is broadly drawn 
and includes agricultural practices and other 
uses and recognized rights to the use of water 
for mining, agricultural, manufacturing, or 
other purposes by priority of possession. 

The following is a list of the principal laws 
of the United States bearing more or less 
directly on the appropriation of water and 
its use in irrigation: 

July 26, 1866, Recognition of priorities (Rev. 
Stat. XIV, 23-39) ; July 9, 1870, Reservation of 
vested water rights in patents and reservation 
(ibid XVI, 23-40) ; March 3, 1875, Desert Land act 
for Lassen County, California (ibid XVIII, 29); 
March 3, 1877, Desert Land act {ibid XIX, 377); 
March 20, 1888, Authorizing irrigation investiga- 
tions (ibid XXV, 526) ; March 2, 1889, Appropria- 
tion of $250,000, reserves right of way for canals 
constructed bv the authoritv of the United States 
(ibid XXVI, 391) ; March 3", 1891, Modification of 
Desert Land law, provision for rights of way 
(ibid XXVI, 1095) ; August 18, 1894, Carey Act 
(ibid XXVIII, 372) ; Janunrv 21. 1895. Rights of 
way for canal (ibid XXVIII, 635); May 14, 1896, 
Rights of way for electric power purposes, etc. 
(ibid XXIX, 120); June 11, 1896, Amendment of 
Carey Act (ibid XXIX, 434); January 13, 1897, 
Reservoirs for watering livestock (ibid XX, 484) ; 
Februarv 26, 1897, For the use of reservoir sites 
(ibid' XXIX, 599); Mav 11, 1898, Right of way act 
(ibid XXX, 404); Feb. 15, 1901 Right of way 
through reservations (ibid XXXI, 790) ; June 17, 
1902, Reclamation Act (ibid XXXII, 388). 

Individual Irrigation. — The United States as 
the original proprietor of all of the arid lands 
was also owner of the streams arising in or 
among them, It is still the owner of from 
half to three-quarters of the area of many of 
the arid states, and is the greatest landed pro- 
prietor in them. This ownership includes the 
national forests from which arise most of the 
rivers used in irrigation and water power, and 
it is claimed that this and the possession of 
the gathering ground of the streams, gives it 
certain rights of control of the waters issuing 
from the public land area. 



On the other hand, when the newer states 
were created, the United States recognized in 
each the fact that the waters of the state be- 
longed to the people and that the state had 
the duty of apportioning these waters among 
the rival claimants. The United States also 
provided in various laws that title to the land 
can pass to the entryman after he has made 
proof of the reclamation of his farm. To do 
this, the claimant must withdraw from the 
stream the waters which are needed for this 
purpose. 

State Irrigation. — When it became evident 
that the vast areas of the arid West could not 
be put to their best uses without irrigation, and 
after settlement had already been begun by 
construction of many small canals leading wa- 
ter by gravity from the streams, a law was 
passed, known as the Desert Land Act (March 
3, 1877) providing for the sale of desert lands. 

Under the operations of this law, and its 
amendments, upwards of 20,000,000 acres have 
been entered and of this about 5,000,000 have 
passed to patent. The law originally permitted 
each claimant to take 640 acres, but this area 
was afterwards reduced to 320. It was found, 
however, that after the small and easily con- 
structed irrigation canals had been built, it 
was not possible for the owners of separate 
small tracts of arid lands to get together and 
raise the necessary capital to build larger 
works. Out of this consideration came what is 
known as the Carey Act of August 18, 1894, 
which provides that to aid the public land 
states in the reclamation of desert lands and 
the settlement, cultivation, and sale, in small 
tracts to actual settlers, the Secretary of the 
Interior upon application from a state can 
contract to donate to the state free of cost, 
not exceeding a million acres of desert land, 
such as the state may cause to be irrigated 
and reclaimed; not less than 20 acres out of 
each 160 acres to be cultivated by actual set- 
tlers. 

The states were somewhat slow in accepting 
the provisions of this act, and the ten-year 
limit within which they might receive the land 
was extended by act of March 3, 1901. On 
February 18, 1909, the provisions were ex- 
tended to the territories, now states, of New 
Mexico and Arizona. In some of the states, 
notably Idaho and Wyoming, there has been 
rapid development under the terms of this act, 
promoted by state laws governing the use and 
control of the water. Where the acceptance of 
the act was dilatory or the state laws inade- 
quate, the results have not been beneficial, and 
large amounts of money have been lost in 
speculative schemes. 

Newlands Act (1902). — It became apparent 
that the largest development of the arid re- 
gions could not be accomplished either through 
the desert land act, which made provision for 
individual energy, or through the Carey Act, 
which permitted the states to enter the field 



241 



IRRIGATION AND IRRIGATED LANDS 




242 



IRRIGATION AND IRRIGATED LANDS 



of development. In many localities interstate 
or international problems were involved, or 
first cost made the work prohibitory. Hence, 
on June 17, 1902, Congress passed, what is 
known as the Reclamation or Newlands Act, 
which appropriates to be expended directly by 
the government, in the reclaiming of arid lands, 
the money obtained from the disposal of public 
lands in the western states. From 1902 to 
1913, this fund amounted to upwards of $80,- 
000,000 ; and it has been expended by the Secre- 
tary of the Interior in the construction of 
large reservoirs, canals, and other works for 
irrigation of arid lands. This water, provided 
by storage of floods, is disposed of to the own- 
ers of small tracts, the area being limited to 
the amount necessary for the support of a 
family, and in no case to exceed 160 acres. 
The lands themselves thus reclaimed are not 
sold but are given away to homestead entry- 
men on condition of three years residence. The 
estimated cost of the water, however, must be 
repaid in not exceeding ten annual instal- 
ments. This is usually about $40.00 per an- 
num or $4.00 per acre per year for ten years, 
exclusive of cost of operation and mainte- 
nance of the system. 

Great Irrigation Systems. — Among the more 
notable of the irrigation projects built under 
the terms of this act are the following: 

The Salt River project in Arizona, designed 
to irrigate over 220,000 acres. So far, has 
been expended about $10,000,000, of which 
$3,500,000 was for the Roosevelt Storage Dam, 
one of the largest structures of its kind, which 
impounds 1,284,000 acre feet, consisting mainly 
of flood waters. 

On the Colorado River between California 
and Arizona, is the Yuma project, designed to 
irrigate 130,000 acres. The principal feature 
of this is a remarkably long, low weir or over- 
flow dam, nearly a mile in length (4780 feet) 
costing about $1,500,000, raising the water 
nearly 15 feet and diverting it into a large 
canal provided with sluices at the head to 
wash out the rapidly accumulating mud. The 
most interesting feature of this dam is the 
fact that it rests not on bed rock but upon 
river silt. The principal canal taken out on 
the California side continues for about 20 
miles and then passes under the river by a 
siphon tunnel, 14 feet in diameter, excavated in 
the soft stone or indurated sands beneath the 
river bed. 

In Colorado, the chief work is on the Un- 
compahgre project in the western part of the 
state, and consists of a tunnel six miles in 
length, taking the Gunnison River water under 
a high ridge. This tunnel delivers the water 
to large canals which encircle the valley of 
Uncompahgre River. The amount invested is 
approximately $9,000,000 and it will serve 
140,000 acres. 

In Idaho are two notable projects, one at 
Minidoka, consisting of a dam raising the 



Snake River 40 feet, diverting a portion of the 
water into canals on each side. Below the 
dam is a power house where electric power is 
developed and thence transmitted to a series 
of pumps which lift the water from the South- 
side gravity canal to successively higher 
elevations, irrigating lands lying 90 feet or less 
above the elevation reached by the gravity 
supply. 

The other project, in Idaho, is supplied by 
the waters of Boise River. The principal stor- 
age dam, the Arrowrock, is being constructed 
at an estimated cost of about $7,000,000, to a 
proposed height of nearly 350 feet, being prob- 
ably the highest dam in the world. 

In Montana are several projects more or 
less noteworthy, the principal one being that 
by which the waters of Yellowstone River are 
taken out upon about 60,000 acres of land in 
eastern Montana, extending into North Dakota. 

In Nebraska there is also an expensive pro- 
ject supplied by water stored behind the Path- 
finder dam on the North Platte River in Wy- 
oming. The cost of this dam was $1,700,000 
and the total cost of the project, if completed 
according to the plans, will be considerably 
over $10,000,000. 

In .Nevada is the Truckee-Carson project, 
utilizing waters which flow from Lake Tahoe 
into Truckee River. In the lower course of 
this river the stream is diverted and carried 
across the divide to Carson River where there 
is being built a large storage reservoir to hold 
the accumulated floods of both streams. The 
waters thus obtained are being used upon ex- 
tensive tracts of desert. 

On the Rio Grande, in New Mexico, is being 
built a very large structure known as the Engle 
dam to create a reservoir of a capacity of 
2,627,000 acre feet, designed to store the entire 
flow of that river and hold the floods of one 
year over until the next, or until the water 
is used or lost by evaporation. This stored 
water is to be diverted on 130,000 acres in New 
Mexico and 25,000 acres in Texas, a portion 
being turned to Mexico in accordance with the 
treaty with that country. 

In the state of Washington, extensive works 
are being built at the headwaters of Yakima 
River to provide storage in the natural lakes 
and in the artificial reservoirs. The water 
thus held is being utilized in various canal 
systems owned by the government, the excess 
water being sold to other canals built by pri- 
vate enterprise. 

In northern Wyoming is what is reputed to 
be the highest existing dam in the world, the 
Shoshone, 328 feet above foundations. It holds 
back the floods of the river of that name, which 
are diverted by a lower dam and carried 
through a tunnel about three miles long to the 
lands in the Big Horn Basin. 

Outcome of the Irrigation Policy. — The fol- 
lowing table shows in a general way the results 
of the operation of the reclamation act from 



.243 



ISOLATION POLICY 



year to year, viz., the receipts for the public 
lands and the amount expended: 



Year 


Receipts 


Expenditure 


1901-3 


7,700,000 
8,700,000 
6,826,000 
4,800,000 
5,200,000 
7,900,000 
9,400,000 
7,800,000 
7,100,000 
6,150,000 


300,000 


1904 


1,500,000 


1905 


3,800,000 


1906 


7,100,000 


1907 


12,500,000 


1908 


11,800,000 


1909 


10,300,000 


1910 


9,800,000 


1911 


9,300,000 


1912 


11,400,000 







The total expenditures exceed the receipts 
from sale of the public lands as some of the 
amount expended is recovered and immediately 
invested. 

The Newlands act, under which the above 
described works were built, is the fruition of 
the ideals of conservation initiated largely by 
the energies of Major John Wesley Powell, for 
many years director of the U. S. Geological 
Survey, which were crystallized into effective 
laws and organizations by Theodore Roosevelt, 
and his intimate friend and assistant, GifFord 
Pinchot. In a large way, this policy involves 
the protection of the forests upon the moun- 
tain areas, for the purpose not merely of sup- 
plying timber, but for the beneficial influence 
upon the streams. It also includes the build- 
ing within the mountain valleys and elsewhere 
of the large reservoirs for holding the floods 
until a time when the waters are needed for 
irrigation, water power, or other uses. As a 
result of this policy, great areas of otherwise 
useless mountain land have been set aside in 
national forests. 

The outcome is that, if this work is con- 
tinued and the funds invested in such work are 
returned by the beneficiaries, there will be a 
continually increasing development and larger 
and larger areas of land otherwise useless will 
be converted into highly productive areas ca- 
pable of supporting a large population. The 
primary object of the law, while that of re- 
claiming the land, includes a far higher bene- 
fit, namely, that of making opportunities for 
citizens to secure small farms and homes where, 
as independent landowners and taxpayers, they 
become the most valuable support of the com- 
monwealth. 

By 1913, over 15,000 families had been sup- 
plied with water, 1,250,000 acres had been re- 
claimed, and works were under way for bring- 
ing water to a total of about 3,000,000 acres. 
There were also tentative plans looking to the 
construction of still larger works whenever 
funds become available. 

In addition to the funds which are being 
derived from the disposal of public lands, and 
those which are coming back from the construc- 
tion of works, it has been proposed to extend 
the work by the issue of bonds; by act of June 
25, 1910, authority was granted to issue 
$20,000,000, but the money in hand appears to 



be ample to carry out the approved plans for 
the years 1911, 1912, and 1913. 

See Conservation; Forest Service; Inter- 
state Law and Relations; Public Lands 
and Public Land Policy; Public Works, Na- 
tional, State and Municipal; States as 
Parties to Suits; Water Supply. 

References: H. M. Wilson, Irrigation En- 
gineering (2d ed., 1896) ; W. G. Bligh, Practi- 
cal Design of Irrigation Works (2d ed., 1910) ; 
U. S. Geological Survey, Annual Reports 
(since 1888), "Water supply and Irrigation 
Papers" in ibid, 1896; U. S. Reclamation Serv- 
ive, Annual Reports (1901-1912); F. H. 
Newell, Irrigation (3d ed., 1912) ; F. H. Newell 
and D. W. Murray, Principles of Irrigation 
Engineering (1913) ; Special Committee of the 
U. S. Senate, "Report on the Irrigation and 
Reclamation of Arid Lands" in Sen. Docs., 51 
Cong., I Sess., No. 928 (1889); Irrigation 
Congress, Annual Reports (since 1900) ; W. 
H. Hall, Irrigation Development in France, 
Italy and Spain (1886) ; U. S. Census, Irri- 
gation Bulletins, 1889-1899, 1909; Am. Year 
Book, 1910, 293, 304, 1911, 425-433, 1912, 
255-261. F. H. Newell. 

ISOLATION POLICY. The American isola- 
tion policy was a theory based on the geograph- 
ic insular situation and the early experience 
and self-confidence of the republic, whose earli- 
er statesmen desired separation as far and as 
long as possible from European complications. 
It received stimulation, after 1793, from ex- 
perience with France regarding the Treaty of 
Alliance of 1778. Under this policy, America, 
needing time to develop her institutions and 
unity, has usually declined joint action with 
European powers even in cases of the highest 
common interest. The exigencies related to 
the opening of the Far East, in which she 
actively participated, have been a departure 
from that policy. 

That America practically has never known 
a policy of isolation from affairs really con- 
cerning her is evidenced by the treaty of 1778, 
by willingness to adhere to the European 
Armed Neutrality in 1780, and by Jefferson's 
willingness to consider alliance with England 
in 1803 and 1805. 

The earlier policy of isolation was gradually 
modified by the course and exigency of events. 
When no longer tenable, it logically merged in- 
to a policy of paramount interest, emphasized 
especially since the Spanish War brought en- 
larged activity in international affairs. 

See Balance of Power; Commerce, Inter- 
national; Monroe Doctrine; Neutrality, 
Principles of. 

References: A. C. Coolidge, America as a 
World Power (1908) ch. ii; A. B. Hart, Foun- 
dations of Am. Foreign Policy (1901), ch. i; J. 
B. Moore, Digest of Int. Law (1906), VI, 369- 
379; W. F. Reddaway, Monroe Doctrine 
(1898), ch. i; Richard Olney, "International 



244 



ITALY, DIPLOMATIC RELATIONS WITH 



Isolation of the U. S." in Atlantic Monthly, 
LXXXI (1898), 577; bibliography in A. B. 
Hart, Manual (1908), § 175. 

J. M. C. 

ITALY, DIPLOMATIC RELATIONS WITH. 

Diplomatic relations with consolidated Italy- 
began by the appointment of George P. Marsh 
as envoy and minister in March, 1861. Italy 
was friendly to the Union during the Civil 
War. In 1864 she conceded a naval depot on 
certain conditions; it was never established. 
Treaties relating to consuls and extradition 
were negotiated in 1868, and a treaty of com- 
merce and navigation in 1871, supplemented 
by later treaties. In the struggle between the 
civil authority and the Pope, the United States 
refused to be involved, but held no official in- 
tercourse with the Pope after the abolition of 
his civil power. 

Italian emigration to the United States, in- 
significant before 1870, but gradually increas- 
ing thereafter and rising rapidly in 1889, raised 
several questions affecting both the domestic 
policy and Americo-Italian relations, such as 
expatriation and naturalization; new immi- 
grant laws; the padrone system; and consular 
inspection of emigrants at Naples. 

In 1891 occurred an incident which opened 
grave international complications, and called 
attention to the obligation of the United States 
as a national unit in the enforcement of its 
treaty obligations. A New Orleans mob on 
March 15 forcibly entered the jail and shot 
several Italians who had been placed on trial 
for the murder (in the previous October) of 
Mayor Hennessey, who had been investigating 
the operations of the Mafiosi, an oath-bound 
secret society indigenous to Sicily. The Ital- 
ian government promptly sent a protest to 



Secretary Blaine, who, expressing regret, urged 
Governor Nicholls of Louisiana to bring the 
guilty parties to justice. The Italian premier, 
probably influenced in aggressiveness by an 
approaching meeting of the Italian parliament, 
demanded summary punishment and indemnity. 
Blaine's explanation, that under the American 
dual form of government the institution of 
judicial proceedings in the case belonged en- 
tirely to Louisiana, was regarded as an equivo- 
cation. Without waiting for further failure 
of judicial proceedings in Louisiana, Baron 
Fava, the Italian minister, withdrew from 
Washington, leaving diplomatic relations prac- 
tically suspended. 

In 1892, the voluntary offer of indemnity by 
the United States, and the payment of over 
$24,000 from the diplomatic fund for»this pur- 
pose, resulted in the renewal of friendly rela- 
tions which have since continued — although oc- 
casionally affected by such incidents as the 
closing of the Italian immigration bureau at 
Ellis Island in 1898 and 1899, and reflections 
by the American industrial commission upon 
the integrity of Italian officials. Lynching 
cases similar to the New Orleans case occurred 
in Colorado in 1894 and in Louisiana in 1896. 
A new commercial treaty was negotiated with 
Italy in 1900 and an arbitration treaty in 
1908. 

See Commercial Policy and Relations of 
the United States. 

References: E. B. Andrews, U. S. in Our Own 
Time (1903), 567-74; W. E. Curtis, U. S. and 
Foreign Powers ( 1892 ) , ch. xvi ; D. R. Dewey, 
National Problems (1907), 206-07; J. B. 
Moore, Digest of Int. Law (1906), I, 129-31, 
608-16, III, 344-53, V, 344-46, 731, VI, 837- 
41; Nineteenth Century, XXIX (1891), 701-18. 
J. M. Callahan. 



245 



JACKSON, ANDREW— JACKSONIAN DEMOCRACY 



JACKSON, ANDREW. Andrew Jackson 
(1767-1845), seventh President of the United 
States, was born in Mecklenburg county, N. C, 
March 15, 1767. In 1788 he was admitted to 
the bar, and presently removed to Tennessee, 
where he became United States district at- 
torney, member of the state constitutional con- 
vention in 1796, and later judge of the state 
supreme court, 1797-98. He was the first rep- 
resentative of Tennessee in Congress, and for 
a brief time was Senator. His defeat of the 
British at New Orleans in January, 1815, and 
some arbitrary actions on his part in Florida 
in 1818, made him a national figure. In 1823 
he again became Senator. In the presidential 
election of 1824 he received the highest num- 
ber of electoral votes, 99, but there was no 
choice, and J. Q. Adams was chosen by the 
House. In 1828 he was elected President, re- 
ceiving 178 electoral votes against 83 for 
Adams. In 1832 he was reelected. 
. The eight years of his presidency saw the 
rise and fall of nullification in South Carolina, 
the tariffs of 1832 and 1833, the overthrow of 
the United States bank, the settlement of long- 
standing differences with England and France, 
the public land crisis and deposit act, the 
formation of the Whig party, and the recon- 
struction of the Democrats; and in most of 
these events Jackson was the dominating force. 
He dictated the election of Van Buren in 1836. 
To the demoralization of the federal civil serv- 
ice which attended his advent he was indiffer- 
ent, but his administration brought the Federal 
Government more directly than ever under con- 
trol of the voters, at the same time that he 
largely freed the executive department from 
the control of either Congress or the courts. 
He died at the Hermitage, near Nashville, June 
8, 1845. See Bank of the United States, 
Second; Democratic Party; President, Au- 
thority, and Influence of; Presidential 
Electors; Wars of the United States. 
References: W. MacDonald, Jacksonian Democ- 
racy (1906); J. S. Bassett, Life of Andrew 
Jackson (1911) ; W. G. Sumner, Andrew Jack- 
son (rev. ed., 1898) ; J. Paton, Life of Andreio 
Jackson ( 1861 ) ; T. H. Benton, Thirty Years' 
View (1854-56). W. MacD. 

JACKSON, ANDREW, CENSURE OF. An- 
drew Jackson was opposed to the second Unit- 
ed States bank (see), and desired the govern- 
ment deposits removed, which could be done 
only at the discretion of the Secretary of 
Treasury. In 1833, William J. Duane succeed- 



ed McLane in the Treasury Department, but he 
was opposed to Jackson's plan. Jackson dis- 
missed Duane from office. Taney succeeded, 
and carried out Jackson's plans. On December 
26, Clay introduced in the Senate a resolution 
which was the basis of the Resolution of Cen- 
sure, adopted in the Senate on March 28, 1834, 
by a vote of 26 to 20. This set forth that the 
"President, in the late executive proceedings in 
relation to the public revenue, has assumed 
upon himself authority and power not con- 
ferred by the Constitution and laws, but in 
derogation of both." Since the power of im- 
peachment and trial is given to Congress, Jack- 
son protested that it had no other power to 
punish him. The Senate refused to enter Jack- 
son's protest on its journal. Senator Benton 
took up the cause of Jackson, and finally, by 
a vote of 24 to 19, an expunging resolution 
was passed. Black lines were drawn around 
the Resolution of Censure, and across it was 
written, "Expunged by order of the Senate, 
this sixteenth day of January, in the year of 
our Lord 1837." References: W. MacDonald, 
Jacksonian Democracy (1907), ch. xiii; T. H. 
Benton, Thirty Years' View (1874), I, 402-431. 

T. N. H. 

JACKSON MEN. The name "Jackson men" 
was applied, for some years after 1820, to 
those who, while retaining for a time the 
name Democratic-Republican (see Democratic 
Party), favored the election of Andrew 
Jackson (see) as President. The Jackson fol- 
lowing was at first largely personal, but in 
the campaigns of 1824 and 1828 it came to be 
identified also with the new democratic prin- 
ciples for which Jackson, in opposition to the 
National Republicans (see), was supposed to 
stand (see Jacksonian Democracy). The re- 
organization of parties drew into the new 
Democratic party most of the Jackson men; 
and by 1832 the latter term ceased to be 
employed as a party designation. Reference: 
W. MacDonald, Jacksonian Democracy (1906). 

W. MacD. 

JACKSONIAN DEMOCRACY. Between the 
political ideas of Jefferson, most commonly 
designated as Jeffersonian republicanism, and 
those of which Jackson was preeminently the 
embodiment there was, naturally, much in 
common. Both agreed in opposing aristocratic 
or oligarchical control in government, and in 
grounding political action upon the opinion of 
the majority of voters. Both opposed the cre- 



246 



JAILS— JAPAN, DIPLOMATIC RELATIONS WITH 



ation of an office-holding class, and sought to 
reduce the practical activities of government 
to their lowest terms. Both favored economy 
in public expenditure, extinguishment of the 
national debt, and a tariff primarily for reve- 
nue. In the matter of constitutional interpre- 
tation both were strict constructionists, seek- 
ing to preserve the rights of the states against 
the encroachment of federal authority, and be- 
lieving in the amendment of the Constitution 
k> adapt it to new needs, rather than its ex- 
tension by usage, judicial interpretation, or 
executive application; though neither of them 
hesitated at extra-constitutional action when, 
in their judgment, national exigency required 
it {see Jackson, Andrew, Censure of). 

To these primary conceptions of democracy 
Jackson made some significant additions. He 
was little inclined to doctrinaire statements of 
political theory, and for the most part gave 
expression to his political opinions only in con- 
nection with specific official acts. "The people" 
upon whom he professed to rely, and whose 
ideas he assumed to voice, represented the low- 
er rather than the higher average of intelli- 
gence, property, and political aptitude; and the 
figures of a popular vote were less convincing 
than his own impression of what "the people" 



really desired. To the character of the civil 
service and the efficiency of administrative 
routine he was indifferent, save in clear cases 
of dishonesty; and he surrendered easily to 
the spoils system. He evinced hardly more 
than an elementary acquaintance with the prin- 
ciples of public finance; and his opposition to 
the Bank of the United States (see) represent- 
ed less a hostility to that particular institu- 
tion than a fear of monopoly and a distrust of 
banks as such. As between a tariff for revenue 
and a tariff for protection he took no decided 
stand, nor was he consistent in his opposition 
to internal improvements. On the other hand, 
his aggressive policy, joined to a vigorous use 
of the veto power, went far to reconcile de- 
mocracy and executive domination, and raise 
the executive to a position of leadership which, 
save for brief intervals, it has ever since re- 
tained. See Democratic Party; Jackson, 
Andrew. References: H. J. Ford, The Rise and 
Growth of Am. Politics (1898), chs. xiii-xvii; 
J. S. Bassett, Life of Andrew Jackson (1911) ; 
W. MacDonald, Jacksonian Democracy (1906), 
ch. xviii. W. MacD. 

JAILS. See County Jails; Police Sta- 
tions and Lockups. 



JAPAN, DIPLOMATIC RELATIONS WITH 



Conditions and Principles. — An admixture of to open intercourse. Perry, dignified, deter- 



political with religious zeal in the seventeenth 
century missionaries created in Japan's rulers 
a distrust which resulted in an embargo on 
foreign intercourse, though the advantages of 
foreign trade were not wholly unappreciated. 
The advent of Perry with his wonderful 
ships and machines revealed the handicap of 
isolation. Traditional misgivings of the Japan- 
ese concerning possible aggression, strengthened 
by conscious ignorance of conditions in the 
-outer world, were reflected in an under-current 
of hesitancy in the renewal and early develop- 
ment of foreign intercourse. Still the Ameri- 
can principle of separate action, coupled with 
respect for Japanese sovereignty and sympathy 
with Japan's aspirations for complete au- 
tonomy, won the increasing confidence of the 
Japanese and faciliated diplomatic relations. 
That principle was consistently maintained ex- 
cept for emergencies created by Japan's anti- 
foreign agitation and internal disorders during 
the sixties. 

Intercourse Opened. — The main motives for 
American insistence in opening intercourse with 
Japan were the rapid development of the Paci- 
fic coast after the gold discovery of 1848; the 
growing trade with recently opened China; im- 
portance in this trade and in whaling of ac- 
cessible harbors in Japan for supplies and 
refuge ; and sanguine estimates of commerce. 
Japan had haughtily repelled repeated efforts 



247 



mined, tactful, master of the methods of the 
Orient, commanding many mysterious "black 
ships," would neither depart nor negotiate 
through Nagasaki. Under orders to use no 
force, he yet secured proper reception of the 
President's communication to the Emperor re- 
questing amity and intercourse, July, 1853. On 
his return, in 1854 the Shogunate, persuaded 
more by American power represented in ships 
and machines than by diplomacy, negotiated 
Japan's first treaty with a western nation 
(March 31, 1854). It accorded to the United 
States: peace; amity; ports at Shimoda and 
Hakodate where ships might obtain wood, wa- 
ter, provisions, coal, and might exchange goods ; 
adequate protection of shipwrecked sailors and 
ships in distress; the residence of consular 
agents at Shimoda if deemed necessary by 
either government; and most favored nation 
treatment in the event of subsequently negoti- 
ated treaties. 

Additional Treaties (1855-1860).— The pa- 
tient, resolute, yet sympathetic diplomacy of 
Townsend Harris, first American consul-general 
and minister to Japan (1856-62), opened wid- 
er the door; secured the coveted rights of com- 
merce withheld from Perry; and laid the foun- 
dations of diplomatic intercourse with the 
United States. The Shogunate, embarrassed 
by internal discontent, sought to temporize by 
obstruction and narrowly interpreting the 



JAPAN, DIPLOMATIC RELATIONS WITH 



treaty. Harris, by persistence, solved the dif- 
ficulties with a new treaty (June 17, 1857) 
which settled according to weight the disputed 
value of American coins; secured for Americans 
a right of permanent residence at Shimoda and 
Hakodate; stipulated the opening of an addi- 
tional port at Nagasaki, the residence of a 
vice-consul at Hakodate, and the right of trial 
and punishment by consuls under American 
laws for Americans committing offenses in 
Japan — a claini which subsequently much of- 
fended Japanese susceptibilities. Having in- 
sistently secured audience of the Shogun and 
delivered the President's letter to the Emperor, 
Harris negotiated a third important treaty 
(July 29, 1858) which incorporated the above 
provisions and provided for mutual diplomatic 
representation at the national capitals; for 
consular representation at the open ports; for 
new ports at Kanagawa, Niigata, and Hiogo; 
for residence and trading privileges at the 
open ports of Yedo and Osaka; for opening- 
consular courts to claims by Japanese creditors 
against Americans, and Japanese courts to 
claims by American creditors against Japan- 
ese; for granting full religious freedom and 
privileges to Americans; for incorporating 
customs regulations, including import duties 
at 5 to 35 per cent and export duties of 5 
per cent, subject to revision after five years 
if desired by Japan. Ratification was effected 
at Washington by a special Japanese embassy, 
sent in appreciation, received with enthusiasm, 
in 1860. 

Anti-foreign Agitation (1861-1874).— Euro- 
pean nations secured similar treaties, and the 
treaty concessions afforded a pretext for at- 
tacking the decadent Shogunate. Conserva- 
tive opposition, coalescing with a growing 
movement for restoration of the imperial dig- 
nity, took form in reaction and anti-foreign agi- 
tation with "honor the Emperor, expel the 
barbarians" as the watchword. Incident there- 
to was the assassination of Harris's secretary, 
the burning of the legation, and the compulsory 
withdrawal of American representatives from 
Yedo, together with a decree by the harassed 
Shogun to close the ports and expel the foreign- 
ers. Harris's successor, R. H. Pruyn, whose 
sympathies aroused the suspicions of other 
ministers, in concert with other representatives 
and supported by hi3 government, insisted on 
observance of the treaties; and he obtained a 
treaty reducing duties (January, 1864). 

Meanwhile, the reactionary lord of Choshiu 
fired on American and other ships passing 
Shimonoseki Strait. The United States acted 
in concert with other powers in bombarding 
the Shimonoseki forts and exacting indemnity 
(1864). This incident and the British bom- 
bardment of Kagoshima converted the leading 
reactionaries. Pruyn, acting with other rep- 
resentatives, proceeded with a powerful naval 
escort to Osaka and secured the imperial sanc- 
tion (hitherto unobtainable through the Sho- 



gun), to the existing treaties (November, 
1865). In concert with other ministers, the 
ad interim, representative of the United States 
negotiated a fifth treaty (June, 1866), securing 
more liberal trade privileges and fixing duties 
on a 5 per cent basis. Harris secured treaty 
recognition that Japan "abolish the practice of 
trampling on religious emblems." Persecution 
of native Christians elicited firm representa- 
tions through Minister Van Valkenburg (1868- 
72 ) , and the release of the last victim in 1874. 
Religious tolerance thus secured, it was later 
formally " sanctioned by the Constitution 
(1889). 

Achievement of Autonomy (1875-1899). — 
Handicapped fiscally and politically by treaty- 
limited customs duties and by consular juris- 
diction, Japan sought a general treaty revision 
on the basis of equality. A special embassy, 
entertained as guests of the United States, in 
1872, received assurance that America would 
negotiate with a liberal spirit, but it failed in 
Europe. America conceded customs autonomy 
and the right to regulate the coasting trade, 
Japan to open two additional ports (July, 
1878) ; but the treaty remained inoperative 
because it was to take effect when other treaty- 
powers concluded similar conventions. The 
American minister, against the other represent- 
atives, recognized Japan's right to enforce her 
own quarantine regulations (1879). America 
alone reimbursed the Shimonoseki indemnity, 
conceded Japan's claim for treaty revision in 
1882, again readily assented in 1886 and acted 
effectively in 1894, by negotiating a treaty, ef- 
fective in July, 1899 (other treaty-powers mak- 
ing similar treaties) to establish intercourse 
on a basis similar to that subsisting between 
western nations, except that most customs 
duties were specified for the term from 1894 to 
1911, when tariff autonomy became complete. 
The uniform readiness of America to liberate 
Japan from treaty disabilities considered hu- 
miliating won grateful appreciation. 

Other conventions provided for mutual reim- 
bursement of certain shipwreck expenses 
(1880); mutual detention and extradition of 
criminals (1886, supplemented 1906); mutual 
protection of patents, trademarks and designs 
(1897) ; mutual protection of copyrights (1905, 
extended to Korea, 1908, and to China with 
respect to the contracting parties, 1908) ; arbi- 
trating differences of legal nature or relating 
to interpretation of treaties (1908). 

During the Russo-Japanese War, American 
representatives took charge of Japanese in- 
terests in Russia. In 1906, both countries 
raised their legations to embassies, the Emperor 
sent the President a letter thanking him for 
transmission through the State Department of 
contributions by Americans for famine relief. 
An exchange of notes in 1908 committed both 
countries to the maintenance of the status quo 
in Pacific regions and the "open door" in 
China. California's agitation for exclusion of 



248 



JAY, JOHN— JAY TREATY 



Japanese laborers, beginning in 1907, aroused 
indignation in Japan and fixed attention on 
the clause in the treaty of 1894, reserving 
mutual rights to regulate "immigration of la- 
borers" — a clause deemed humiliating by the 
Japanese made sensitive through experience 
of the extraterritorial jurisdiction. A crisis 
was averted by the agreement of Japan in 
March, 1908, to require passports so as to 
restrict within narrow limits emigration of 
laborers to United States. A new treaty ( Febru- 
ary, 1911) supplanting the treaty of 1894 
omitted the objectionable clause, Japan agreeing 
to maintain effectively the limitation "for the 
past three years exercised in regulation of the 
emigration of laborers to the United States." 
A later convention — Great Britain and Russia 
being parties — regulated the sealing industry 
(July, 1911). 

In 1913 the question of the status of Japan- 
ese in the United States was again raised by 
the statutes of California and other states, 
excluding from the holding of lands those 
aliens ineligible to citizenship. Notwithstand- 
ing the refusal of passports to Japanese labor- 
ers by their government, 76,000 Japanese were 
shown, by the census of 1910, to have reached 
the United States. Despite the efforts of the 
federal administration and the protests of 
Japan, restrictive laws went on the statute 
book of the state of California. 

See Alien; Asia, Diplomatic Relations 
with; Balance of Power; China, Diplo- 
matic Relations with; Commerce, Inter- 
national; Consular Service; Extradition, 
International ; Extraterritoriality ; Pro- 
tection to American Citizens Abroad. 

References: F. von Wenckstern, Bibliography 
of the Japanese Empire (1895-1908) ; Diplo- 
matic Correspondence and Foreign Relations of 
the U. S. (annual vols.), general index to same, 
1861-1899, topic, "Japan" ; W. M. Malloy, 
"Treaties, Conventions, Int. Acts, Protocols 
and Agreements between the U. S. and Other 
Powers, 1776-1909" in Sen. Docs., 61 f-ong., 2 
Sess., No. 357 (1910), 996-1047; J. E. Moore, 
Digest of Int. Law (1906), V, ch. xxiv, 735- 
762; J. W. Foster, Am. Diplomacy in the 
Orient (1903), chs. v, vi, x; Inazo Nitobe, In- 
tercourse between the U. S. and Japan (1891) ; 
Henry Dyer, Dai Nippon (1904), ch. xvi; F. 
V. Dickins, Life of Sir Harry Parkes (1894), 
II, chs. xxii-xxx, xxxiv, xxxv, xxxvii; S. G. 
Hishida, Int. Position of Japan as a Great 
Power (1905), chs. v, vi; W. E. Griffis, Mat- 
theio Cailbraith Perry (1887), 270-374, 
Toicnsend Harris (1895) ; Kiyoshi K. Kawa- 
kami, Am.-Japanese Relations, (1912), chs. 
xviii-xxiii. E. H. Vickers. 

JAY, JOHN. John Jay was born in New 
York City, December 12, 1745, and died May 
17, 1829. He was graduated from King's Col- 
lege and became a lawyer of note in New York 
City. As a member of the first Continental 



Congress, he drafted an address to the people 
of Great Britain which was adopted by Con- 
gress. The form of the constitution for New 
York, 1777, was largely due to his influence 
and upon the organization of the state govern- 
ment he became chief justice and organizer of 
the judiciary. In 1779, he was again sent to 
Congress and was president of that body for a 
short time, resigning in order to become min- 
ister to Spain. In June, 1782, he went to Paris 
to negotiate for a general peace. He proceeded 
to treat with the British representative, thus 
ignoring the instructions to the commission 
not to make a separate treaty with England. 
The final ratification of the Federal Constitu- 
tion by New York was in no small measure 
due to his influence and at least five of the 
papers in the Federalist (see) were from his 
pen. Upon the organization of the United 
States Supreme Court, 1789, he was appointed 
Chief Justice and continued in that office until 
his resignation in 1795 to become governor of 
New York. In the meantime, 1794, he was 
sent as envoy extraordinary to England and 
succeeded in making the treaty which bears 
his name. Two cases in which he participated 
as Chief Justice were especially notable. In 
one decision an act of Congress which provided 
that applications for invalid pensions should 
be passed on by judges of the Supreme Court 
was declared unconstitutional. This was the 
first time that the Supreme Court declared an 
act of Congress unconstitutional. The other 
decision was that of Chisholm vs. Georgia ( 1793, 
2 Dallas 419 ) . See Chief Justices ; Conti- 
nental Congress ; Federalist Party ; France, 
Diplomatic Relations with; Jay Treaty; 
New York; Supreme Court of the United 
States. References: W. Jay, Life of John Jay 
(1833) ; W. Whitelock, Life and Times of John 
Jay (1857) ; H. P. Johnson, Correspondence 
and Public Papers of John Jay (1890) ; G. 
Pellew, John Jay (1890). J. A. J. 

JAY TREATY. In April, 1794, when the 
House threatened non-intercourse against Eng- 
land, Washington apprehending danger of war 
sent Chief Justice Jay to negotiate a treaty to 
settle various irritating questions. 

The treaty, concluded (November 19, 1794) 
after friendly informal conferences, provided 
for the withdrawal of the British posts south 
of the boundary; settlement of boundary dis- 
putes; determination of American liability for 
the British creditors' claims; and a joint sur- 
vey of the Mississippi. It reasserted federal 
power over land titles in the states. It con- 
tained an agreement, limited to twelve years, 
concerning regulation of navigation and com- 
mercial intercourse; extradition of persons 
charged with certain crimes (murder and for- 
gery) ; establishment of consulates ; detention 
and capture of neutrals; and other questions 
of international law arising during war. It 
agreed that war between the two countries 



249 



JEFFERSON, THOMAS— JEFFERSONIAN DEMOCRACY 



should never be made a pretext for confiscation 
of debts or annulment of contracts between in- 
dividuals, a provision which saved millions to 
Americans in the War of 1812. In opposition 
to American principles of maritime war, how- 
ever, it asserted that the neutral flag did not 
cover the enemy's merchandise, and vaguely 
acknowledged right of search. The British de- 
mand for cession of territory at the head of the 
Mississippi was refused. 

The treaty was not satisfactory. Jay de- 
fended it as the best then attainable. Wash- 
ington accepted it only as the choice between 
two evils. It was strongly opposed both at 
home and abroad. The Senate in special ses- 
sion, by exactly the necessary two-thirds vote, 
(secured by personal influence of Washington) 
June 24, 1795, ratified the treaty excepting 
Article XII, on West India trade, which was 
suspended. Ratifications were exchanged Oc- 
tober 28, 1795, and the treaty proclaimed Feb- 
ruary 29, 1796. 

The House, on Washington's declining to sub- 
mit a copy of Jay's instructions, threatened to 
withhold the appropriation (about $90,000) 
necessary to execute the treaty. The motion 
to carry the treaty into effect passed in com- 
mittee of the whole only by the casting vote of 
the Speaker (Muhlenberg), and in the House 
by 51 to 48. Congress made the necessary ap- 
propriations May 6, 1796, and Parliament on 
July 4, 1797. Two mixed commissions were 
appointed to settle claims. 

See Boundaries of the United States, 
Interior; France, Diplomatic Relations 
with; Great Britain, Diplomatic Relations 
with; Jay, John; Maritime War; Neutral- 
ity, Principles of ; Ratification of Treaties ; 
Treaties of the United States; West Flor- 
ida. 

References: J. S. Bassett, Federalist System 
(1906), ch. ix; Alex. Johnston, Am. Polit. Hist. 
(1905), I, 147-58; H. C. Lodge, Washington 
(1898), II, ch. iv; J. B. Moore, Digest of Int. 
Law (1906), V, 699, 706, Int. Arbitrations 
(1898), I, 299-316; G. Pellew, John Jay 
(1898), ch. xi; E. Randolph, Vindication 
(1795); E. Smith, England and America 
(1900), chs. iii, iv; North Am. Rev., XVII 
(1823), 142-80; bibliography in A. B. Hart, 
Manual (1908), § 176. J. M. Callahan. 

JEFFERSON, THOMAS. Thomas Jefferson 
was born in Albemarle county, Virginia, April 
13, 1743, and died at Monticello, July 4, 1826. 
Son of an up-country farmer, young Jefferson 
received the early training of a backwoodsman ; 
but he was sent to William and Mary College 
in 1760 where he remained about six years. 
In 1767 he began the practice of law and was 
immediately successful. He joined the party 
of Patrick Henry at the beginning of the Rev- 
olution and drew the proposed instructions 
for the Virginia delegates to the first Conti- 
nental Congress in such radical fashion that 



his paper was rejected, though it was reprint- 
ed in England where it won him the honor of 
being named in a bill of attainder. In 1775 
the radical party in Virginia gained a stronger 
hold and Jefferson was named a delegate to the 
Second Continental Congress. The next year 
he drafted the Declaration of Independence and 
had the satisfaction of seeing his extreme views 
adopted by the thirteen united colonies or in- 
dependent states. Meanwhile he had sent the 
Virginia convention a draft of a constitution 
thoroughly democratic in character. But this 
was rejected and in the election of delegates 
for the next session of Congress his name was 
"brought in at the lag end." He promptly 
resigned and stood for election to the new 
legislature. He was chosen for several up- 
country counties, but he accepted the commis- 
sion of Albemarle. In the legislature he led 
a successful fight against the old regime, doing 
away with primogeniture, entails and the es- 
tablished church. He became governor in 1779, 
but was less successful and was glad to take 
up his work again in Congress whence he was 
sent in 1784 as minister to France. After five 
years in Paris he returned to the United 
States to accept the position of Secretary of 
State in Washington's first administration. 
He soon became an opponent of Hamilton and 
organized the Republican party which stood, 
in general, for the rights of the states as 
against the growth of the national power. But 
Jefferson made it democratic and was its first 
candidate for the presidency in 1796. Failing 
in the race for the first place he won the vice- 
presidency, from which position he fought 
strenuously the Alien and Sedition laws and 
other unpopular measures of the Adams ad- 
ministration. In 1800-1801 he was elected 
President, and began his reforms; he also pur- 
chased Louisiana in 1803, and in 1804 was 
reelected almost without opposition. His em- 
bargo policy of 1807-08 was very unpopular 
and he retired in 1809. The remainder of his 
life was spent on his plantation at Monticello, 
though he found time to found and organize 
the University of Virginia. He died on the 
fiftieth anniversary of the Declaration of 
Independence. See Democratic-Republican 
Party; Jeffersonian Democracy; Political 
Theories of American Publicists, Early; 
Popular Government; Revolution, Ameri- 
can, Significance of. References: H. S. Ran- 
dall, Life of Thomas Jefferson ( 1858 ) ; P. L. 
Ford, Ed., Thomas Jefferson's Writings (1892- 
1899); W. E.'Dodd, "Thomas Jefferson" in 
Statesmen of the Old South (1911). 

William E. Dodd. 

JEFFERSONIAN DEMOCRACY. Like 

many other phrases which have been made to 
serve partisan ends, Jeffersonian democracy 
has become overlaid with interpretations which 
obscure its original significance. Without at- 
tempting to describe Jefferson's political phi- 



250 



JEFFERSONIAN SIMPLICITY— JEWISH QUESTIONS IN DIPLOMACY 



losophy, which is indeed nowhere set forth in 
self-consistent fashion in his writings, it may 
be said that the cardinal principle in his po- 
litical creed was implicit confidence in the ca- 
pacity of the people to govern themselves. Men 
by their constitutions, he insisted, are divided 
into two classes, "those who fear and distrust 
the people, and wish to draw all powers from 
them into the hands of the higher classes," and 
"those who identify themselves with the people, 
have confidence in them, cherish and consider 
them as the most honest and safe, although not 
the most wise, depository of the public inter- 
ests." Because of this fundamental conviction, 
Jefferson professed to abhor monarchy, heredi- 
tary or "artificial" aristocracy, and all forms 
of privilege. He was not averse to a natural 
aristocracy of virtue and talent, but he be- 
lieved that the people if left to themselves 
would choose "the best." He defined a republic 
as "a government by the citizens in mass, act- 
ing directly and personally, according to rules 
established by the majority." He was an in- 
sistent advocate of local government in which 
every citizen could participate, and a strong 
support of "the state governments in all their 
rights, as the most competent administrations 
for our domestic concerns." In all govern- 
ment he deemed simplicity and economy of 
prime importance. As President he was con- 
cerned to reduce the general government to "a 
very simple organization and a very inexpen- 
sive one — a few plain duties to be performed 
by a few servants." 

Yet the democracy which Jefferson contem- 
plated as an ideal was imperfectly realized in 
his own time. The suffrage was far from uni- 
versal; the direct and personal participation of 
all citizens in politics was not expected; poli- 
tics was very much an affair of the governing 
class. Moreover, Jefferson was by no means 
so doctrinaire as he is often represented. He 
seems to have doubted the practicability of 
democratic government except among an agri- 
cultural people. He inveighed against the en- 
couragement of manufacturing and industry; 
for factories built up cities and urban life cor- 
rupted morals. He did not hold that demo- 
cratic government was best at all times and 
places, for as he said a propos of the territory 
of Orleans, "the habits of the governed deter- 
mine in a great degree what is practicable." 

See Democratic-Republican Party; Polit- 
ical Theories of American Publicists, 
Early. 

References: - H. Adams, Hist, of the U. 8. 
(1890), I, chs. vii-ix; C. E. Merriam, Hist, of 
Am. Pol. Theories (1903), ch. iv. 

Allen Johnson. 

JEFFERSONIAN SIMPLICITY. An expres- 
sion denoting the dislike and disregard for 
display, pomp and ceremony, both social and 
official, which characterized Jefferson {see) 
during his presidency and which, from that day 



to this, has been used to denote principles of 
democratic equality and simplicity. See 
Democratic-Republican Party ; Jefferson, 
Thomas. 0. C. H. 

JEOPARDY. The clause found in the Fifth 
Amendment of the Federal Constitution relat- 
ing to procedure in criminal cases, that no per- 
son shall "be subject for the same offense to be 
twice put in jeopardy of life or limb," is mere- 
ly a partial statement of a common law prin- 
ciple that no one shall be twice tried for the 
same offense; and while that clause is practi- 
cally applicable only to crimes punishable by 
death, the provisions in state constitutions are 
usually broader in scope so as to cover all 
cases of criminal punishment. 

The rule of procedure which is generally rec- 
ognized irrespective of specific constitutional 
provisions is, that when the accused has been 
put on trial under a valid indictment in a 
court having jurisdiction of the case and a 
jury has been impanelled and sworn to try the 
case and give a verdict, jeopardy attaches and 
he can not be again put on trial for the same 
crime or any included crime of which he might 
have been convicted in that prosecution, unless 
the jury has been discharged by the court 
without a verdict being rendered on account of 
some fault of the defendant, or by reason of 
some fact which renders it reasonably imprac- 
tical for the trial to proceed, not due to the 
fault of the prosecution, such as sickness of the 
judge or juror, or inability of the jury to agree. 

A verdict of not guilty is conclusive and the 
defendant must be discharged. The defendant 
may, however, appeal from a conviction, and 
if there is a reversal on account of errors com- 
mitted on the trial or the insufficiency of the 
evidence, he may be required to submit to a 
new trial, his appeal being regarded as a waiv- 
er of former jeopardy. But it is not neces- 
sary that there be either a legal conviction or a 
legal acquittal to constitute former jeopardy. 
The principle is broader than that involved in 
a prior adjudication, for a proceeding in a 
civil case is conclusive on the rights of the 
parties only after judgment has been finally 
rendered, while jeopardy is complete when the 
court proceeds with a jury to ascertain the de- 
fendant's guilt. 

As the criminal jurisdiction of the federal 
court extends only to offenses committed 
against the United States and no prosecution 
for such offenses can be entertained in the 
state courts, it follows that there can be no 
question of former jeopardy as between a fed- 
eral court and a state court. 

Emlin McClain. 

JEWISH QUESTIONS IN DIPLOMACY. 

The Jews are notable in the history of the 
world for preserving their race, religion and 
identity, though distributed among many na- 
tions. Throughout the middle ages their civil 



65 



251 



JINGOES— JOHNSON, ANDREW 



status was that of inferiors before the law, 
and they were subject to many restrictions, 
such as the obligation to live in a ghetto. 

In almost all western countries the Jews 
have now precisely the same status, rights, and 
opportunity for citizenship as members of 
other religious confessions. In some eastern 
countries and in Russia, however, they are sub- 
jected by law to restrictions as to residence, 
property holding, calling, education, etc. The 
discriminations against Jews within the coun- 
tries of their adoption have attracted the at- 
tention of the civilized world, and have led to 
several protests from the American Government 
or parts of it. In December, 1904, President 
Roosevelt, in his annual message, commented 
on the massacres of the Jews in Kisheneff and 
other Russian cities. July 17, 1902, Secretary 
Hay sent a circular despatch to our ministers 
in Europe, protesting against the discrimina- 
tions against Jews in Roumania. These can 
hardly be considered acts of state policy or 
in any way binding on the people of the Unit- 
ed States {see Intervention). 

Many Jews have emigrated from Russia and 
some of the Balkan states to America and have 
there been naturalized and acquired citizenship. 
The Russian government requires the consent 
of the administrative authorities before a per- 
son can emigrate; and when Jews return from 
America they are subject to arrest and punish- 
ment for leaving without permission, and the 
government will not recognize their citizenship 
in the United States. 

However unfriendly this may be, the nations 
are not yet committed to the doctrine that an 
individual has the right to change his allegi- 
ance at his will; and the United States does 
not, either in Russia or in other countries, in- 
sist that naturalization in the United States 
relieves a person from obligations which rested 
upon him when he left his native country, 
unless there is a formal treaty to that effect. 
Nor can the United States deny the right of 
Russia to expel or refuse to admit American 
citizens who were born as Russian citizens. 

The principle of refusing to admit Jews of 
Russian birth is, however, extended by the 
Russian government to members of the Jewish 
race, born in the United States arid in no wise 
connected with Russian citizenship. The pass- 
ports of such persons the Russian government 
has steadfastly refused to acknowledge, and 
they have commonly been expelled from the 
country if they set foot in it. 

Resentment has long been felt in the United 
States against this practice of treating Jews 
from the United States on a different footing 
from other persons: the public has made little 
effort to distinguish between native Russians 
not naturalized in the United States and sub- 
ject in all respects to Russian laws on their 
return; naturalized citizens of Russian birth; 
and American citizens who have never owed 
allegiance to Russia. Under a treaty of 1832 



the inhabitants of each country were to be 
"permitted to sojourn and reside in all parts 
of said territory." December 17, 1911, some- 
what hurried by a resolution of the House of 
Representatives, President Taft gave the re- 
quisite year's notice that the treaty of 1832 
should be abrogated. On its expiration the 
two countries were left without any commer- 
cial agreement. 

During the negotiations for peace among 
the Balkan States in Bucharest in 1913 the 
State Department sent a request that in the 
treaty an article be inserted providing for the 
enjoyment of civil right by the people of all 
religions. No action was taken by the con- 
ference. 

See Alien; Citizenship in the United 
States; Declaration of Intention to be 
Naturalized; Domicile and Residence; 
Religious Liberty. 

References: Am. Year Book, 1911, 67, 98, 
750; Jewish Hist. Soc, Publications, No. 15 
( 1911 ) . Albert Bushnell Hart. 

JINGOES. Those who advocate a warlike 
policy in dealing with foreign powers and 
glory in their country's preparedness for war. 
The term is of British origin, appearing in a 
song in 1874: 

"We don't want to fight, 
But by jingo, if we do, 
We've got the ships, we've got the men, 
We've got the money too," 

and first applied to the supporters of Lord 
Beaconsfield's policy of sending the British 
fleet to resist Russian advance in 1878. 

O. C. H. 

JOHNNY REB. A nickname bestowed dur- 
ing the Civil War, upon the Confederate sol- 
diers by the soldiers of the Federal army. 

O. C. H. 

JOHNSON, ANDREW. Andrew Johnson 
(1808-1875), seventeenth President of the 
United States, was born at Raleigh, N. C, De- 
cember 29, 1808. In 1826 he removed to Ten- 
nessee, and from 1835 to 1839 was a member 
of the state house of representatives, and in 
1841 of the senate. In 1843 he was elected 
to Congress as a Democrat, retaining his seat 
for ten years, and giving his support to the 
annexation of Texas and the Compromise of 
1850. From 1852 to 1857 he was governor of 
Tennessee, and was then elected United States 
Senator. His pronounced Union views, not- 
withstanding his Democratic state-rights prin- 
ciples in general, had already alienated him 
from the slave-holding element in Tennessee; 
and in 1861 he vigorously denounced secession 
and its leaders. In March, 1862, he was ap- 
pointed military governor of Tennessee, where 
he displayed energy and ability in the defence 
of the state and the reorganization of its gov- 
ernment. In June, 1864, he was nominated for 



252 



JOHNSON MEN— JOURNALS OF LEGISLATIVE BODIES 



the vice-presidency by the Republicans, as a 
concession to the Union element of the South; 
and succeeded to the presidency on the assas- 
sination of Lincoln, April 15, 1865. His strug- 
gle with Congress over reconstruction is part 
of the history of the United States from 1865 
to 1869. Articles of impeachment were adopt- 
ed by the House March 2-3, 1868, but the 
trial, which lasted until May, resulted in ac- 
quittal. In 1875 he was elected United States 
Senator, and served during the extra session of 
that year, but died July 30, near Carter's Sta- 
tion, Tenn. See Impeachment; Reconstruc- 
tion. References: D. M. DeWitt, Impeachment 
and Trial of Andrew Johnson (1903) ; W. A. 
Dunning, Reconstruction (1907) ; F. Bancroft, 
William H. Seward (1900); Gideon Welles, 
Diary (1911), II, III. W. MacD. 

JOHNSON MEN. See Conservatives. 



JOINT RESOLUTION. A joint resolution 
is a form of subsidiary legislation frequently 
employed in this country for administrative 
purposes or for expressing the legislative will 
upon matters of a temporary, local or private 
character. But the constitutions of many states 
prohibit the enactment of laws except by bill, 
and where such restrictions exist the joint reso- 
lution may not be employed for purposes of 
general legislation. In practically all the 
states, however, it is used for such purposes 
as the appointment of commissions, making 
small appropriations, the administration of 
state property, making provision for exhibi- 
tions and commemorative observances, memori- 
alizing Congress to pass certain bills, express- 
ing the thanks of the legislature, declaring the 
policy of the state, and for dealing with many 
other incidental matters. According to the 
practices of Congress and most of the state 
legislatures, joint resolutions take the same 
course of procedure as is observed in the pas- 
sage of bills, and are submitted to the execu- 
tive for his approval or disapproval. In a 
few, however, this rule is not followed and 
they may be passed and put into force without 
reference to a committee, without the custom- 
ary three readings and without the approval 
of the executive. The enacting clause of a 
joint resolution usually reads: "Be it Re- 
solved by the Legislature (or General Assem- 
bly)," etc. The rules of Congress and of many 
of the state legislatures make a distinction be- 
tween joint and concurrent resolutions, the 
latter being employed to express the sense of 
the legislature upon matters which concern 
it alone, and hence they are not submitted to 
the executive for his approval. Such are reso- 
lutions fixing a time for adjournment, the 
adoption of joint rules, the printing of docu- 
ments, and other matters affecting the internal 
order, procedure or business of the legislature. 
See Concurrent Resolution; Resolutions 
in Congress. References: A. C. Hinds, Prece- 

253 



dents of the House of Rep. (1889), § 453; P. 
S. Reinsch, Am. Legislatures and Legislative 
Methods (1903), 134-136; C. L. Jones, Statute 
Law Making (1912), ch. xiii. J. W. G. 

JOURNALS OF LEGISLATIVE BODIES. 

The journal of a legislative body is a chrono- 
logical record of its daily proceedings. So 
great is the importance of keeping and pre- 
serving such a record that the Constitution of 
the United States ( Art. I, Sec. v, If 3 ) and the 
constitutions of all the states except that of 
Massachusetts require each house to keep a 
journal and to publish the same. In Vermont 
publication is required when one-third of the 
members demand it, and in Connecticut when 
one-fifth so demand. In the other states no 
limitations or conditions are specified. In 
some, publication is required to made "from 
time to time," in some as soon as convenient 
after the close of the session, and in some 
weekly. In a considerable number of states, 
publication is not required of such parts of 
the journal as may, in the judgment of the 
house, require secrecy. 

The Constitution of the United States and 
those of many states require that the yeas and 
nays on any question shall, upon the demand 
of a certain number of members, usually 
one-fifth, be entered upon the journal. Votes 
on measures passed over the executive veto 
are also usually required to be so entered. 
In a few state constitutions it is also 
provided that any member may dissent from 
or protest against any act or proceeding 
which he may deem injurious to the public 
and have his reasons therefor entered on the 
journal. At the beginning of each day's ses- 
sion, it is customary for the clerk to read the 
journal of the proceedings of the previous day, 
at which time it is corrected and approved. 
A rule of the United States Senate provides 
that the journal shall be read "to the end that 
any mistake may be corrected." The rules of 
the House of Representatives provide that the 
Speaker shall cause the journal to be read, 
"having previously examined and approved the 
same." In case errors have been found, he 
directs that the same be corrected and the 
proper entry made. It is a commonly recog- 
nized right of a legislative body to direct that 
an entry in the journal be expunged, that is, 
erased or obliterated. This is usually done by 
actual erasure of the objectionable passages, 
but in a notable instance in the United States 
Senate it was done by drawing black lines 
around the same and writing the words "ex- 
punged" across it. Concerning the right of 
the courts to go behind an authenticated act 
of the legislature and examine the journal to 
ascertain whether the constitutional require- 
ments have been complied with in passing the 
act there is a wide difference of opinion but 
the trend of judicial decision is rather against 
the claim, the theory being that the formal 



JUDGE ADVOCATE GENERAL— JUDGES, FEDERAL 



attestation of the presiding officers is better 
evidence than the record kept by the clerk, 
a subordinate employee of the legislature. 

See Expunging Resolution; Jackson, An- 
drew, Censure of. 

References: T. M. Cooley, Constitutional 
Limitations (7th ed., 1903), 193-195; A. C. 
Hinds, Digest of Rules and Practices (1908), 
520-522; P. S. Reinsch, Am. State Legislatures 
and Legis. Methods (1907), 142-147. 

James W. Garner. 

JUDGE ADVOCATE GENERAL. This title 
belongs to both services and therefore requires 
separate treatment for the Army and Navy. 

Army. — The department of which this officer 
is the head includes eleven officers holding rank 
above captain as a permanent staff; and as 
many acting judge advocates as there are mil- 
itary divisions, who rank as captains while 
on this detail. The proceedings of all courts- 
martial, courts of inquiry, and military com- 
missions are revised and recorded in the office 
of the judge advocate general in Washington. 
While an officer holding this title served in 
the Army during each of the wars in which 
it was engaged, it was not until July 17, 1862, 
that his duties were denned by law and he was 
given the permanent rank of a brigadier- 
general. 

Navy. — Congress provided, June 8, 1880, 
that this place should be filled by an officer of 
the Navy or Marine Corps, appointed by the 
President and holding while in office the rank 
and title of captain or colonel, according to 
the branch of the service to which he belonged. 
His duties in regard to the proceedings of 
courts-martial are similar to those of the judge 
advocate general of the Army, and he is also 
charged with the interpretation of regulations 
and the supervision of naval prisons. No per- 
manent corps of judge advocates is provided 
for the Navy; but a solicitor is appointed to 
report upon questions of law. 

See Court of Inquiry; Courts Martial; 
Martial Law; Military Law. 

References: U. S. War Department, Annual 
Reports, 1912, I, 489-503; Military Laws of 
the U. 8. (1908), ch. xvii; U. S. Navy De- 
partment, Navy Regulation ( 1909 ) , 16, 21, 
423, Annual Reports, 1912, 99-110. 

C. G. Calkins. 

JUDGE MADE LAW. The law established 
by judicial precedents, the decisions of courts. 
The phrase is sometimes used to indicate such 
decisions of the courts as distort or add to 
the true meaning or intent of statutes, or un- 
duly restrict or enlarge their application. Ref- 
erence: J. C. Gray, Nature and Sources of the 
Law (1909), 513, 550. H. M. B. 

JUDGES, FEDERAL. Appointments.— The 
judges of the Supreme Court and of such in- 
ferior courts as Congress may establish under 



the judiciary article of the Constitution are 
appointed on nomination by the President by 
and with the advice and consent of the Senate 
(Art. II, Sec. ii, If 2), and hold their offices 
during good behavior, receiving for their serv- 
ices a compensation payable at stated times, 
which compensation may be increased but can- 
not be diminished during their continuance in 
office (Art. Ill, Sec. i). No qualifications are 
prescribed save that the judges of the district 
courts must be residents of the districts from 
which ^ they are appointed; but the appoint- 
ments have always been made by selection from 
those qualified to practice at the bar. The 
constitutional provisions as to tenure are not 
applicable to judges of other courts than those 
provided for in the judiciary article, such as 
judges of territorial courts; but the provision 
for life appointment has usually been made in 
establishing other federal courts, such as the 
court of claims. 

Removals. — Judges of the federal courts pro- 
vided for in the judiciary article can only be 
removed from office by conviction on impeach- 
ment (Art. I, Sec. ii, ^ 5, Sec. iii, % 6, Art. II. 
Sec. iv). Six federal judges have been im- 
peached, the last in 1912, and of these, three 
were convicted. Proposals were made in the 
constitutional convention and renewed in Con- 
gress at an early day by way of securing 
amendment to the Constitution, for removal of 
judges on address to the President by the 
Senate and House of Representatives. But the 
proceeding by impeachment was considered 
preferable and has been retained (see Impeach- 
ment). Judges of inferior courts may, how- 
ever, in effect be removed by legislation dis- 
continuing the existence of such courts, as 
was done when the newly created circuit courts 
were abolished in 1802 (see Courts, Federal). 

Character of Federal Judges. — The purpose 
of the framers of the Constitution to secure a 
judiciary of high character and ability, un- 
approachable by corrupting influences and free 
from partisanship, has been successfully accom- 
plished. Life tenure and security of compen- 
sation have removed the federal bench as far 
as possible from temptation to entertain any 
other considerations in the decision of cases 
than those which prompt them to a faithful 
and impartial administration of the law. The 
infrequency of appointments renders it prac- 
tically impossible for the executive to control 
the decisions of the courts on any particular 
question; and while they have the peculiar 
prerogative of declaring statutes to be uncon- 
stitutional (see Courts and Unconstitution- 
al Legislation ) , which involves the exercise 
of an important function in interpretation and 
application of the Constitution and statutes, 
this prerogative has not been exercised on par- 
tisan considerations. It has been charged that 
in one instance appointments to vacancies were 
made for the purpose of changing the conclu- 
sions of the court in a pending case (see Legal 



254 



JUDGES OF ELECTIONS— JUDICIAL POWER, THEORY OF 



Tender Controversy) ; but this charge has 
been successfully controverted by those who 
were in a situation to speak of the motives 
which influenced the President in making such 
appointments. But one impeachment has been 
predicated upon personal corruption and the 
other two convictions on impeachment were on 
grounds respectively of treason and mental in- 
capacity. The legal ability, personal fitness, 
and judicial impartiality of the members of 
the federal judiciary as a whole have entitled 
their decisions to respect and secured for the 
federal courts the general confidence of the 
people. 

See Courts, Federal; Courts, Federal, Ju- 
risdiction of; Executive and Judiciary; 
Judiciary and Congress; Judiciary and Ju- 
dicial Reform. 

References: W. W. Willoughby, Constitu- 
tional Law (1910), II, 970-973; J. R. Tucker, 
Constitution of the U. 8. (1899), I, 391; J. 
Bryce, Am. Commonwealth (4th ed., 1910), I, 
chs. xxii-xxiv, II. ch. cii; H. L. Carson, Hist, 
of the Supreme Court of the U. 8. (1905). 
Emlin McClain. 

JUDGES OF ELECTIONS. Judges of elec- 
tions used to be appointed by voters present 
when the polls were opened, but in many states 
are now designated by state supervisors of elec- 
tions, by county judges or by official party 
committees. There are usually four judges and 
two clerks in each precinct, not more than two 
of the judges and one of the clerks to be of 
the same political party. The presiding judge 
will usually be of the political party in control 
of the state. If a vacancy occurs the voters 
present at an election, may fill it. These elec- 
tion officers have charge of all elections occur- 
ring within the year. Often the election 
judges are small political henchmen. In a few 
states, there are movements for reform in the 
selection of election judges. See Ballot; 
Election System. Reference: Election laws 
of the different states. T. N. H. 

JUDGES, STATE. See State Judiciary. 

JUDGMENTS, INTERSTATE RECOGNI- 
TION OF. By force of the first section of Ar- 
ticle IV of the Federal Constitution, and of 
statutes of Congress passed in pursuance there- 
of, judgments obtained in the courts of one 
state must be given full faith and credit in 
the courts of every other state of the Union. 
By this is not meant that these judgments shall 
become immediately operative and enf orcible 
outside of the jurisdictions within which they 
are originally rendered, but that when set up 
and authenticated in other states by the par- 
ties beneficially affected by them, their correct- 
ness shall not be denied, and that the appropri- 
ate writs for their enforcement, as far as 
the courts, in which their enforcement is asked, 
have jurisdiction of the parties or of the prop- 



erties concerned, shall be issued. When, then, 
an authenticated foreign judgment of another 
state of the Union is made the basis of a suit 
the only defense that may be made is that 
known as nul tiel record, under which the 
jurisdiction of the court which originally ren- 
dered the judgment may be questioned. And 
of course, the jurisdiction of the court where 
enforcement is sought may be denied. 

It is a general principle of law that a court 
may act only in cases where it has obtained 
jurisdiction of the parties thereto. This is 
obtained over the defendant by serving upon 
him notice of the bringing of the suit. Where 
actual personal service of the defendant is not 
possible, constructive service by publication or 
by mail is permitted, but only if the suit is 
to affect property within the territorial juris- 
diction of the court. Hence it follows that 
judgments obtained in one state against a de- 
fendant, with specific reference to certain of 
his property located within the state, cannot 
furnish a basis for a suit in another state. 
Such a judgment is described as in rem. If, 
however, the suit be one which warrants a 
judgment in personam, that is, directly against 
the defendant, charging him with a certain 
liability, actual service upon him must be had; 
and, where judgment against him is obtained, 
it may be enforced wherever he may be found, 
and, if it be a pecuniary one, by proceedings 
in rem against property which he may have, 
wherever situated, in which latter case con- 
structive service upon him of the bringing of 
the suit upon the judgment will suffice. 

There is no constitutional obligation upon 
one state to enforce in any way the criminal 
judgments of other states. 

See Faith and Credit; International 
Law, Private; Interstate Law and Rela- 
tions. 

References: F. Wharton, Conflict of Laws 
(3d ed., 1905) ; D. K. Watson, Constitution of 
the U. 8. (1910) ; W. W. Willoughby, Consti- 
tutional Law of the U. 8. (1910) ; D. Rorer, 
Am. Interstate Law (2d ed., 1893), 123-157. 
W. W. Willoughby. 

JUDICIAL POWER, THEORY OF. Defini- 
tion. — The judicial power has been defined as 
the authority vested in the courts and judges, 
as distinguished from the executive and legis- 
lative power (Gilbert vs. Priest, 65 Barb. N. 
Y. 448). The legislative function consists 
mainly in prescribing rights and duties and in 
laying down rules of action; it is the principal 
function of the executive to see that legislative 
commands are enforced, while the judiciary in- 
terprets their meaning and applies them in 
particular cases in which rights are in contro- 
versy. Some writers, however, maintain that 
in reality there are but two classes of govern- 
mental powers: those which have to do with 
the formation and expression of the will of the 
state, and those which are concerned with the 



255 



JUDICIAL POWER, THEORY OF 



execution of that will. Thus says DuCrocq 
(Traite de Droit Administratif, I, 29) : "The 
mind can conceive of but two powers; that 
which makes the laws and that which exe- 
cutes." Those who adopt this view treat the 
judicial power as a particular phase or mani- 
festation of the executive power, since it is in 
reality concerned with the application and en- 
forcement of the legislative will. 

Separation of Powers. — In practice, however, 
all governments are organized on the principle 
that the judicial power is not a part of the 
executive function, but that it is fundamentally 
different in character and should be exercised, 
for the most part, by separate and distinct 
organs. Nevertheless, it has been found im- 
possible in practice to draw an exact line of 
demarcation between legislative, executive and 
judicial functions, and it is safe to say that 
there is no government in which all powers 
of a judicial character are exercised exclusive- 
ly by the courts and none in which the courts 
are restricted to the exercise of purely judicial 
functions (see Separation of Powers). 

Courts make rules of practice, appoint offi- 
cers, grant licenses, order elections, assign 
judges to their courts, approve acts of admin- 
istrative authorities and perform various other 
functions of a legislative or administrative 
character. What the judicial power embraces 
in a particular state must, therefore, be ascer- 
tained from an examination of the constitu- 
tion and the decisions of the courts of that 
state. Under the Constitution of the United 
States (Art. Ill, Sec. ii, If 1), the functions of 
the federal courts are almost exclusively judi- 
cial in character. They cannot be required to 
give the executive advice, to render extra-ju- 
dicial opinions in cases not properly brought 
before them, or to act as commissioners in the 
determination of pension claims or similar pro- 
ceedings. Some of the state constitutions dis- 
tribute^the executive, legislative and judicial 
powers among the three departments without 
absolutely prohibiting any one from exercising 
power properly belonging to either of the 
others, thus leaving the relations to be de- 
termined mainly by the decisions of the courts. 
Under such a provision, the legislature of 
Connecticut for a long time occasionally gave 
equitable relief to carry out the provisions of 
wills in respect to- charitable bequests, inter- 
fered repeatedly in probate proceedings, set 
aside judgments and released sureties in judi- 
cial recognizances (Baldwin, The American 
Judiciary, 20). Where, however, the distribut- 
ing clause of the constitution forbids the ex- 
ercise by one department of powers properly 
belonging to another and the provision is not 
qualified by a subsequent provision, legislative 
or administrative functions cannot be devolved 
upon the courts by statute. The judicial func- 
tion is retrospective in character while that of 
the legislature looks to the future. The legis- 
lature makes the laws but cannot pass judg- 



ments or issue decrees under the guise of legis- 
lation. 

Historically the judicial power is the oldest 
of the three. In rude form it was exercised 
among the ancients when custom was the only 
law recognized. 

Hamilton prophesied that the judiciary in 
the. United States would prove the weakest of 
the three departments and the least dangerous 
to the others. Unlike the executive, which dis- 
penses the honors and holds the sword of the 
community, and unlike the legislature, which 
not only commands the purse but prescribes the 
rules by which the rights and duties of every 
citizen are to be regulated, the judiciary, he 
said, has no influence over either the sword or 
purse, and no direction either of the strength 
or of the wealth of society; in short, it has 
neither force nor will but only judgment and 
must naturally depend upon the executive arm 
for the enforcement of its judgments (Federal- 
ist No. 78). Through its power to judge of 
the constitutionality of the acts of the legis- 
lature, however, it has in some respects proved 
the strongest of the three departments and its 
power has been still further increased by the 
practice of the legislature of making it the 
depository of many quasi- executive and legis- 
lative functions (see Courts and Unconstitu- 
tional Legislation). 

Judicial Control over the Administration.— 
In the United States an important domain of 
the judicial power consists in the control exer- 
cised by the courts over the administration 
through the issue of writs. In the case of the 
President of the United States they have de- 
clined, however, to issue processes against him 
or in any way to control his action except in 
so far as they may do so by refusing to give 
the sanction of law to his acts or orders when 
they are without legal warrant. But over his 
subordinates the courts exercise frequent con- 
trol and the orders of the President cannot be 
pleaded by his subordinates in defense of acts 
done by them in violation of the laws. In some 
of the states the supreme court has claimed 
and exercised the power of issuing writs 
against the governor to compel him to perform 
a purely ministerial duty but the preponder- 
ance of practice is against the claim. 

Extent of the Judicial Power. — In all coun- 
tries the judicial power includes the right to 
determine what the law is when its meaning 
is drawn in question. In the exercise of this 
power, the judges endeavor to give effect to the 
presumable intention of the law maker, as 
well as to discover the hidden meaning of the 
law. This is not "making the law," but "find- 
ing it." They think over again the thought 
which the legislature was trying to express, as 
Windschied has remarked. The Roman jurists 
went even further and undertook to "think 
out the thought which the legislator was try- 
ing to think," that is, what he would have 
enacted had he known what future conditions 



256 



JUDICIAL SYSTEM IN EUROPE 



would be [Monroe Smith, "Judge-made Con- 
stitutional Law," in Van Norden's Magazine, 
II (1907), 25]. Through the process of inter- 
pretation and construction, through the exten- 
sion of old principles to new conditions and 
circumstances, and through the adoption of 
new principles to meet new requirements, the 
courts have in many countries developed or 
created whole branches of "judge-made" law. 
In this way, the Roman jurists developed an 
immense body of private law from the meager 
fabric of the Twelve Tables, and similarly, in 
England and America, the judges have built 
up a large body of the law. Almost the whole 
body of jurisprudence embraced under the head 
of "Conflict of Laws," {see International 
Law, Private), for example, is the work of 
the courts. Where constitutions and laws are 
rigid, flexibility must be supplied by the minds 
of the judges if the legal system is to grow 
and expand to meet the changing necessities 
of society. 

See Courts, Federal, Jurisdiction of; Ex- 
ecutive and Judiciary; Judiciary and Con- 
gress; Law, Administrative; Law, Consti- 
tutional ; Political Questions. 

References: S. E. Baldwin, The Am. JudicU 
ary (1905), ch. ii; J. Bryce, Studies in Hist, 
and Jurisprudence (1901), 197; T. M. Cooley, 
Principles of Constitutional Law (3d ed., 
1898), ch. vii; A. V. Dicey, Law and Public 
Opinion in England ( 1905 ) , § 10 ; A. Esmein, 
Droit Constitutional (4th ed., 1910), Pt. I, 
Title II, ch. iii, § 3; F. J. Gooonow, Principles 
of the Administrative Law of the U. 8. ( 1905 ) , 
378-381, 418-440; H. Sidgwick, Elements of 
Politics (1897), ch. xxiv; A. St. Girons, La 
Separation des Pouvoirs (1881), Bk. I, ch. i; 
W. H. Taft, Present Day Problems (1908), 
290-332. James W. Garner. 

JUDICIAL SYSTEM IN EUROPE. Of all 

branches of European public law this subject 
has received the scantiest attention from Eng- 
lish and American writers, due to the fact 
that in most continental countries the judi- 
ciary has no constitutional basis but rests on 
mere statutory enactment, as also to its con- 
nection with a legal system differing widely 
from the English common law. European 
courts are arranged in hierarchies through 
which appeals may be carried; they are col- 
legial in organization and are often divided 
into chambers or senates among which cases 
are distributed, sessions in plenum being occa- 
sionally necessary to avoid conflicting deci- 
sions. The higher courts are often very large, 
the German Reichsgericht consisting of ninety- 
eight, the French court of cassation of forty- 
nine justices. The highest courts of appeal in 
Latin countries are courts of cassation rather 
than true courts of last resort, their function 
being merely to pass on alleged errors in law 
in the decisions of lower courts, to quash when 
necessary the judgments of these inferior tri- 



bunals, and to order new trials. They never 
themselves render a final decision in a case. 
Judges are elected only in exceptional cases in 
Europe; the ordinary courts are almost uni- 
versally filled by appointive magistrates. (In 
France courts of commerce and of arbitration 
in labor disputes are chosen by appropriate 
electorates.) The tenure of judges is almost 
always for life or good behavior, Switzerland 
being the only European country which limits 
the term of the judges of its highest court. 
The independence of the judiciary is generally 
further secured by vesting in the courts them- 
selves the disciplinary authority, with power of 
removal after a regular trial upon conviction 
of offences defined by law. In some countries, 
however, and especially in Italy, judicial inde- 
pendence is seriously invaded by the executive, 
through the practice of transferring judges 
from more to less desirable posts. 

The most striking feature of the judicial 
systems of continental countries is the special 
class of administrative tribunals, completely 
separate and distinct from the ordinary courts, 
which determine all controversies of an ad- 
ministrative character, cases between private 
individuals and public officials, as well as dis- 
putes between administrative authorities them- 
selves. The courts of continental countries 
are not only deprived of that control over 
the executive which they enjoy in England and 
America, but they also lack the special pre- 
rogative, which in Anglo-Saxon countries with 
written constitutions is generally attributed to 
the judiciary, of declaring legislative enact- 
ments null because in violation of superior 
constitutional prescriptions. Generally speak- 
ing courts may not exercise their right of in- 
terpretation in such a way as to invalidate 
a statute. There are a few exceptions. The 
German Reichsgericht has declared the legis- 
lative acts of the member-states void when con- 
flicting with the imperial constitution or laws, 
but it has never extended this power over im- 
perial statutes which may have been repugnant 
to the imperial constitution. In three of the 
Swiss cantons the courts are given the power 
to set aside cantonal legislative acts on grounds 
of unconstitutionality, but the Swiss federal 
constitution requires the federal tribunal to 
enforce all acts passed by the federal legisla- 
ture. This legislative freedom from judicial 
restraint reduces the constitutional limitations 
upon the law-making power to mere "maxims 
of political morality, which derive whatever 
strength they possess from being formally in- 
scribed in the constitution and from the re- 
sulting support of public opinion." The courts 
are not the ultimate interpreters of the con- 
stitution, and in consequence their decisions 
do not embody so important a source of con- 
stitutional law as is the case in the United 
States. 

The participation of a lay element (jury or 
assessors) in a trial is a principle not inherent 



257 



JUDICIAL SYSTEM OF GREAT BRITAIN 



in continental systems of jurisprudence. It 
has been introduced in a very limited degree 
in most of the countries of western Europe, 
but is still something of an exotic growth 
whose future cannot be predicted with confi- 
dence. The use of the jury is everywhere 
confined to criminal cases, and even here it is 
not so universally used, nor does it play so 
important a part in the trial as in common- 
law countries. Criminal trials have a far 
more inquisitorial character than with us, the 
safe-guards which we deem essential not being 
observed in anything like the same degree. 
Ordinarily a mere majority of the jury is com- 
petent to render a decision. 

See Courts and Tribunals, Administra- 
tive; Law, Administrative. 

References: J. W. Garner, Introduction to 
Pol. Sci. (1910), ch. xvii, "German Judiciary" 
in Pol. Sci. Quart., XVII (1902), 490-514, 
XVIII (1903), 512-530; J. B. Simonet, Droit 
Public (4th ed., 1902), 110-173; A. Esmein, 
Elements de Droit Constitutionnel (4th ed., 
1906), 400-439; B. E. Howard, The German 
Empire (1906), ch. ix, "Trial by Jury in Ger- 
many" in Pol. Sci. Quart., XIX (1904), 650- 
672; J. K. Bluntschli, Allgemeines Staatsrecht 
(6th ed., 1885), Bk. V; O. G. Villard, "The 
German Court" in Am. Hist. Assoc, Annual 
Reports (1895), 489. 

Walter James Shepard. 

JUDICIAL SYSTEM OF GREAT BRITAIN. 

The judicial system of Great Britain ranges 
from the court of the justice of the peace, in 
which a single magistrate can administer sum- 
mary justice, to the High Court of Justice, 
the House of Lords sitting as a court of appeal, 
and the judicial committee of the Privy Coun- 
cil — the court of appeal for cases arising in 
India and the oversea dominions. The local 
courts for the summary administration of crim- 
inal justice are constituted of magistrates 
sitting in petty sessions. In the larger towns 
the jurisdiction of the courts is limited to cases 
arising within the borough. Rural England 
is mapped out into 750 petty sessional divi- 
sions. In these divisions the magistrates as- 
semble once or twice a month in petty sessions 
for the administration of summary justice or 
as courts of first instance for more serious 
cases which are remitted either to quarter 
sessions or to the assizes. The county magis- 
trates are appointed by the Lord Chancellor 
on the recommendation of the Lord Lieutenant 
of the county aided, since 1911, by an advisory 
committee. In London and the larger cities 
many of the cases which in smaller communi- 
ties are dealt with by magistrates in petty 
session go before stipendiaries who hold court 
daily. 

Cases in which the magistrates in petty ses- 
sion can act only as a court of first instance 
go, according to seriousness, either to quarter 
sessions, or to the assizes which are held in 



every county four times a year, and at which 
the judges are of the high court. A recorder's 
court exists in many of the cities. The re- 
corder is appointed by the Home Office. Juries 
are part of a recorder's court; and in these 
courts as at quarter sessions and assizes, only 
barristers, taking briefs from solicitors, have 
the right to audience. Only criminal cases come 
before recorders' courts. Cases not dealt with 
in recorders' courts and not of sufficient im- 
portance to go to assizes go to quarter sessions. 
Quarter sessions are constituted of magistrates 
who are of the petty sessional divisions of the 
hundred for which the court is constituted. 
Grand and petit juries serve at quarter ses- 
sions. Except as regards licensing appeals, 
and cases arising out of the closing of high- 
ways, only criminal cases are tried in quarter 
sessions. The court is one of high jurisdic- 
tion. It can try all crimes except capital of- 
fences, crimes for which a person not previously 
convicted may suffer penal servitude for life, 
and some of the more serious misdemeanors — 
perjury, forgery, bribery, and libel. These 
graver cases go to the assizes where both crim- 
inal and civil cases are taken. Civil business 
at the assizes is of much the same character 
as in the court of King's Bench in London. 
For less important civil cases there are the 
county courts. Judges of these courts travel 
from town to town, sit with juries when neces- 
sary, and have jurisdiction over a wide range 
of cases, including cases under the employers 
and workmen and workmen's compensation 
acts. Stipendiaries administer summary jus- 
tice in the metropolis and act as courts of 
first instance in the more serious cases which 
go to the Middlesex or Surrey sessions — an- 
swering to quarter sesions — or to the central 
criminal court. There judges of the high court 
hold a session once a month, and the recorder 
of the City of London also presides at one of 
the central criminal courts. Judges at assizes, 
chairmen at quarter sessions and recorders 
can, in criminal cases after conviction, reserve 
a question of law but not of fact for the court 
of Crown cases reserved; but there was no ap- 
peal against conviction on indictment until 
1908 when the Criminal Appeal Act came into 
operation. 

The high court in London consists of three 
divisions: Court of Chancery, over which the 
Lord Chief Justice presides ; King's Bench ; and 
Probate, Admiralty and Divorce. The judges 
of all these divisions, save the Lord Chancellor, 
are appointed by letters patent under the Great 
Seal on the advice of the Lord Chancellor. They 
hold office during good behavior, but may be 
dismissed on address by both Houses of Parlia- 
ment. Cases may go from the high court to 
the court of appeal and thence to the House of 
Lords. Indian and colonial appeals go to the 
judicial committee of the Privy Council, which 
also hears appeals on the cases arising in Eng- 
land out of the Church Discipline Acts. 






258 



JUDICIARY ACTS— JUDICIARY AND CONGRESS 



See Judicial Power, Theory of; Judicial 
System in Europe. 

References: W. R. Anson, Law and Custom 
of the Constitution (4th ed., 1909), II, Pt. 
2, ch. x; F. W. Maitland, Justice and 
Police (1885), chs. viii, ix. 

Edward Porritt. 



JUDICIARY ACTS. The acts of Congress 
providing for federal courts inferior to the Su- 
preme Court and regulating the procedure of 
the federal courts are usually spoken of as the 
Judiciary Acts. The first and most important 
was passed in 1789. See Courts, Federal. 

E. McC. 



JUDICIARY AND CONGRESS 



Power over Organization. — The powers of 
Congress in respect to the federal judiciary 
may be grouped under four heads: (1) power 
over its organization; (2) power in respect to 
jurisdiction; (3) power to regulate procedure; 
and (4) power to remove the judges by im- 
peachment proceedings. 

The Constitution declares that the judicial 
power of the United States shall be vested in 
one Supreme Court and in such inferior courts 
as the Congress may from time to time ordain 
and establish (Art. Ill, Sec. i). In a sense, the 
Supreme Court is thus created by the Constitu- 
tion while the inferior courts depend for their 
existence upon the will of Congress. In reality, 
however, the existence of the Supreme Court 
is virtually dependent upon Congress, quite 
as much as that of the inferior courts, since 
Congress must provide for the number of judg- 
es and other officers essential to the existence 
of the court, as well as appropriate money 
for the salaries of the justices. Even when 
the court has once been created and the sala- 
ries fixed, its existence is not fully secure 
against the action of Congress, notwithstand- 
ing the constitutional provision fixing the ten- 
ure of the judges at good behavior and forbid- 
ding the reduction of their compensation, since 
Congress might at any time enact that when a 
vacancy occurs on the bench the particular 
judgeship should be abolished and in this way 
it might gradually disestablish the Court. 
- The judiciary act of 1789 provided for the 
organization of the federal judiciary by creat- 
ing a Supreme Court to be held by a chief jus- 
tice and five associates, three circuit courts and 
thirteen district courts, though no regular cir- 
cuit judges were provided for (see Courts, Fed- 
eral). 

By a strict party vote in 1801, during the 
last days of the administration of John Adams, 
Congress provided for sixteen circuit judges, 
and President Adams immediately made the 
necessary appointments to the judgeships thus 
created, before retiring from office. The act 
itself, as well as the circumstances under which 
the appointments were made, was the subject 
of strong criticism by members of the incom- 
ing Republican Congress and a bill to repeal 
the act was immediately introduced and passed, 
and thus the new judges were legislated out of 
office. There were doubts as to the constitu- 



259 



tionality of the repealing act but the question 
was never tested before the Supreme Court. 

With the increase of litigation in the Su- 
preme Court it became practically impossible 
for the justices of that court to do any con- 
siderable amount of circuit court work, and so, 
in 1869, Congress provided for the appointment 
of nine circuit court judges, one for each cir- 
cuit, each justice of the Supreme Court being 
required to attend at least one term of the 
circuit court in the circuit assigned to him, as 
often as once in two years. In the course of 
time, the business of the Supreme Court at 
Washington still further increased so that by 
1890 it w T as several years behind with its dock- 
et. To relieve the Court of this congestion and 
provide a means for expediting appeals from 
the inferior courts, Congress in 1891 created a 
court of appeals for each of the nine circuits. 
The justice of the Supreme Court assigned to 
each circuit, the circuit judges, and the dis- 
trict judges were empowered to hold the court 
In the course of time it came about that sub- 
stantially all the circuit court work was per- 
formed by the district judges, yet there was 
still maintained in each circuit the organiza- 
tion and machinery of a circuit court with the 
resulting expense and confusion to litigants 
and attorneys. To remove these rather un- 
satisfactory conditions and to introduce great- 
er simplicity into the organization of the fed- 
eral judiciary, Congress by an act approved 
March 3, 1911, abolished the circuit courts, 
and conferred their original jurisdiction on 
the district judges. 

Power in Respect to the Jurisdiction of the 
Federal Courts. — The subjects to which the ju- 
dicial power of the United States shall extend 
being prescribed by the Constitution itself 
(Art. Ill, Sec. ii), the only power left to Con- 
gress, in regard thereto, was to apportion the 
judicial power thus conferred among the sev- 
eral courts which had been established. Con- 
gress cannot, of course, confer original juris- 
diction on the Supreme Court in any cases not 
specifically authorized by the Constitution 
{see Marbury vs. Madison), nor can it require 
any federal court or judge to hear and deter- 
mine cases which are not judicial in character. 
Thus it cannot require them to act as commis- 
sioners for the adjudication of pension or other 
claims nor give opinions on questions not 



JUDICIARY AND JUDICIAL REFORM 



properly brought before the court in the regular 
course of judicial proceedings. 

Power over Judicial Procedure. — The power 
of Congress to frame rules of procedure for the 
federal courts is undoubted and the power has, 
to a limited extent, been exercised. These rules 
may be found in the several chapters of the 
judiciary act as codified and revised in 1911. 
A good example of the kind is found in an act 
passed in 1911, designed to diminish the evil 
of reversals for technical errors and otherwise 
improve the administration of justice in the 
federal courts. This act provides that no judg- 
ment shall be set aside, or reversed or new 
trial granted by any court of the United States 
on the ground of misdirection of the jury or 
the improper admission or rejection of evi- 
dence, or for error as to any matter of plead- 
ing or practice, unless in the opinion of the 
court to which application is made, after an 
examination of the entire cause, it shall appear 
that the error complained of has injuriously 
affected the substantial rights of the parties. 
( See Legal Procedure, Proposed Reform of ) . 
For the most part, however, the federal courts 
are left to frame their own rules of practice, 
which cannot be said of the courts of some 
of the states, where elaborate practice acts 
have been framed by the legislature. 

Power of Congress to Remove the Federal 
Judges. — The Constitution provides for the re- 
moval of federal judges upon impeachment 
(see) proceedings, for the offenses of treason, 
bribery and other high crimes or misdemeanors 
(Art. II, Sec. iv). It provides that impeach- 



ment charges must be preferred by the House 
of Representatives and tried by the Senate. 
There have been six cases of the impeachment 
of federal judges: Pickering in 1803, Chase 
in 1806, Peck in 1830, Humphreys in 1862, 
Swayne in 1909 and Archbold in 1912. Chase 
was a justice of the Supreme Court, the oth- 
ers were district judges. Pickering, Humph- 
reys and Archbold were convicted and removed 
from the bench, Chase Peck and Swayne were 
acquitted. 

The federal courts, of course, have no power 
of control over Congress except in so far as 
they may declare its acts invalid on the ground 
of inconsistency with the Constitution {see 
Courts and Unconstitutional Legislation ) . 
Hamilton declared {Federalist No. 78) that the 
federal judiciary had the least power to "an- 
noy or injure" the other departments and that 
it would prove the least dangerous to them, 
since it had no influence over the sword or 
purse, no direction of the strength or wealth 
of society, but only judgment. 

See Courts, Federal; Courts, Federal, Ju- 
risdiction of; Separation of Powers. 

References: S. E. Baldwin, The Am. Judi- 
ciary (1905), ch. ix; J. W. Burgess, Pol. Sci. 
and Constitutional Law (1891), II, 320; T. M. 
Cooley, Principles of Constitutional Law (3d 
ed., 1898), ch. vi; G. T. Curtis, Jurisdiction of 
the U. S. Courts (1896); C. A. Beard, Read- 
ings in Am. Government and Politics (1911), 
ch. xv; P. S. Reinsch, Readings on Am. Federal 
Government (1909), ch. xiv; Am. Year Book, 
1912, 231-232. James W. Garner. 



JUDICIARY AND JUDICIAL REFORM 



Organization of the Judiciary. — The judicial 
power, unlike the legislative and executive pow- 
ers, is not vested in an assembly nor in a 
single person but in a body of magistrates who 
exercise their authority either singly or as tri- 
bunals. In all countries the highest courts, and 
not infrequently those of an intermediate char- 
acter, are organized on the collegial principle, 
that is, they are held by a bench of judges 
rather than by a single magistrate. Standing 
at the top of the judicial hierarchy is usually 
to.be found a supreme court whose territorial 
jurisdiction is coextensive with the geographi- 
cal area of the state and whose power includes 
the determination of legal controversies of 
national concern. Sometimes, though rarely, 
instead of a single court of final authority, 
we find several supreme tribunals in the same 
state with equal and coordinate jurisdiction 
as is the case in Italy where there are five 
courts of cassation with distinct areas of ter- 
ritorial jurisdiction. 

In countries having the federal system of 
government, the judicial power is usually di- 
vided between two separate and distinct classes 



of courts; those organized for the exercise of 
the judicial power in respect to questions of 
national concern and those of the several com- 
ponent members of the federation organized 
for the determination of legal controversies 
of a local character, though this is not the case 
in Germany where there is a common judicial 
organization for the whole empire. In the 
United States, each state has its own separate 
and distinct judicial system and procedure 
framed according to its own notions of its 
local needs and conditions, and were it not for 
the common law basis which underlies the 
legal system of the country as a whole, we 
should have an extraordinary variety of ju- 
dicial organization and procedure throughout 
the country. 

Mode of Selection of the Judges. — In the 
United States all federal judges are appointed 
by the President by and with the advice and 
consent of the Senate but those of the states 
are, for the most part elected by the people. 
The early practice was election by the legisla- 
ture or appointment by the governor. Election 
by the legislature has been found objectionable 



260 



JUDICIARY AND JUDICIAL REFORM 



because the election is often determined by- 
party caucuses and it frequently leads to a 
parcelling out of the judgeships among the 
different sections of the state. It has also been 
criticised as being in conflict with the principle 
of the separation of powers and with tending 
to make the judiciary a dependency of the leg- 
islature. Originally the most common method 
of choice, it has been abandoned in all the 
states except five (Connecticut, Rhode Island, 
Vermont, South Carolina and Virginia). Ap- 
pointment by the executive has likewise been 
criticised because it tends to the selection of 
political favorites of the governor. In only five 
states are the judges now appointed by the 
governor (Delaware, New Jersey, Massachu- 
setts, New Hampshire and Maine ) . In all 
the other states, the higher judges are elected 
by the people. 

Choice by the people has been criticised by 
some on the ground that it tends to the election 
of judges who are weak and timid ana lacking 
in independence. By making it necessary for 
judicial candidates to engage in political con- 
tests it conduces to the election of politicians 
rather than jurists, and by making the reelec- 
tion of judges depend upon popular approval, 
it creates a temptation on their part to shape 
their judicial decisions so as to meet the ap- 
proval of those who are not always qualified 
to form impartial judgments upon judicial con- 
duct, especially in the decision of cases in- 
volving intricate questions of law. Finally, 
the method of popular election tends to repel 
able men from seeking judicial stations — men 
who, as Chancellor Kent remarked, are likely 
to have "too much reservedness of manners and 
severity of morals to secure an election resting 
on universal suffrage." Notwithstanding the 
evils inherent in the method of executive ap- 
pointment, it has commended itself to most 
political writers and is the method followed in 
nearly all countries other than the United 
States. Such a system tends to remove the 
judicial office from the arena of party politics, 
'minimizes the temptation of the judges to 
popular subserviency and increases the inde- 
pendence and dignity of the judiciary. 

The Judicial Tenure. — In regard to the terms 
of the judges, as in regard to the mode of 
election, there is a great variety of opinion 
and practice in the United States. Most of 
the early state constitutions established the 
good behavior term for the higher judges and 
this tenure was prescribed by the national 
Constitution for all the federal judges, superior 
and inferior alike. But with the advance of 
the democratic movement, short terms were 
substituted for the good behavior tenure until 
to-day there are but three states in which 
the higher judges serve for good behavior 
(Massachusetts, New Hampshire and Rhode 
Island). The terms of the higher judges in 
the remaining states now range from two 
years, which is the tenure in Vermont to 21 



years in Pennsylvania, the average being about 
six years. Outside the United States, the good 
behavior tenure is universal except in Mexico 
and Switzerland where judges are chosen for 
six years. The good behavior tenure like the 
method of executive appointment, has much to 
commend it and it has received the approval of 
the majority of political writers and publicists. 
Hamilton declared it to be "certainly one of 
the most valuable of the modern improvements 
in the practice of government" and the "best 
expedient which can be devised to secure a 
steady, upright and impartial administration 
of the laws." 

Position of the American Judiciary. — The 
power which the American courts have assumed 
of declaring statutes null and void when they 
are found to conflict with the Constitution — a 
power which, from the beginning, has been 
acquiesced in almost without question — has 
increased immensely the importance of the ju- 
diciary and given it a political influence which 
the courts of no other country enjoy (see 
Courts and Unconstitutional Legislation ) . 
Through their power to interpret the unwritten 
law, they build up and develop large bodies of 
"judge made law" thus supplementing the 
work of the legislature. 

More than either of the other departments 
of government, the judiciary, and especially 
the federal judiciary, has commanded popular 
confidence and respect. The federal courts, 
partly because of the permanency of tenure 
of the judges, and partly because of the greater 
importance of their jurisdiction — both of which 
facts serve to attract to the federal bench 
legal talent and distinction — have generally 
stood higher than the state courts in the public 
estimation. 

Proposed Reforms in Judicial Organization 
and Procedure. — Recently there has been much 
discussion of how the efficiency of the courts 
and especially of the state courts may be in- 
creased. Wide spread complaints have been 
made not only by laymen but by members of 
the bar themselves, that the processes of the 
courts are unnecessarily slow and cumbersome, 
and that miscarriages of justice are all too 
frequent. As compared with the efficiency of 
the English courts, which dispose of their cases 
with unusual dispatch, and which administer 
justice without regard to harmless errors or 
technicalities, the courts of most of the Ameri- 
can states are at a great disadvantage. In 
the first place it is claimed that the organiza- 
tion of the American judiciary is not such as 
to secure the greatest efficiency. There is no 
provision, as in England, for the grouping or 
assignment of judges to courts, where they are 
most needed or for the trial of cases for which 
they are best fitted. In the second place there 
is a great loss of time in American courts re- 
sulting from the practice of requiring the 
judges to perform a vast amount of clerical 
and routine work which in England is done 



261 



JUDICIARY, STATE— JURISDICTION 



by assistants. In the third place, the courts in 
the United States are practically headless. The 
chief justice is merely a presiding officer with 
no power of administrative control over the 
business of the court such as the chief judge 
of an English court possesses. (An interesting 
discussion of this matter will be found in an 
article by Kales, "Comparative Study of the 
English and Cook County, Illinois, Judicial 
Establishments," Illinois Law Review, IV, 
303-326.) It has also been widely contended, 
especially by the bench and bar, that the Amer- 
ican judge should be vested with larger power 
in the conduct of the trial, such as the English 
judges now possess. 

The participation of the American judge in 
the trial is little more than that of a moder- 
ator. His rulings upon questions concerning 
the admission of evidence are subject to review 
by the higher courts; he cannot, in criminal 
cases, comment on the weight of testimony or 
sum up the evidence for the enlightenment of 
the jury; and in some states he is not even the 
judge of the law applicable to the case, that 
important function being reserved for the jury. 
The system by which the judges are elected in 
most of our states, the lack of a permanent 
tenure and the comparatively small compensa- 
tion allowed are additional reasons advanced 
for the inefficiency of the American courts as 
compared with those of England. The system 
of procedure now in force in most of the states 
is also responsible for much of the widespread 
criticism. The practice of reversing the de- 
cisions of the lower courts and the granting 
of new trials for formal defects in indictments 
or for errors of procedure, has led to many 
deplorable miscarriages of justice and a conse- 
quent lowering of the popular respect for the 
courts as instrumentalities for the administra- 
tion of justice. 

See Courts and Unconstitutional Legis- 
lation; Executive and Judiciary; Judiciary 
and Congress; Legal Procedure, Proposed 
Reform or. 

References: S. E. Baldwin, The American 
Judiciary (1905) ; The Federalist, Nos. 78, 79; 
J. W. Garner, Introduction to Pol. Sci. 
(1910), ch. xvii; J. Kent, Commentaries on 
Am. Law (12th ed., 1873), Lect. 14; H. Sidg- 
wick, Elements of Politics (1897), ch. xxiv; J. 
Story, Commentaries on the Constitution 
(4th ed, 1873), ch. xxiv; W. Wilson, Constitu- 
tional Government in the U. 8. ( 1908 ) , ch. vi ; 
W. H. Taft, Present Day Problems (1908), 
290-332; P. S. Reinsch, Readings on Am. State 
Gov. (1911), 172-221. 

James W. Garner. 

JUDICIARY, STATE. See State Judiciary. 

JUNKET. A term originally signifying a 
feast or banquet or a pleasure expedition, 
which in its political signification is applied 
to a trip under the auspices of a legislative 



body undertaken ostensibly for public purpose, 
but often a mere pleasure trip at the govern- 
ment's expense. O. C. H. 

JURISDICTION. With reference to a sov- 
ereign power the term jurisdiction is usually 
employed to designate the territorial scope of 
the exercise of its authority; with reference 
to a court it usually designates either the ter- 
ritorial limits within which its power may be 
exercised or the extent of the power which it 
may exercise as to any particular case or con- 
troversy. 

In the Federal Constitution the territorial 
jurisdiction of the states is referred to in 
the provision that "No new state shall be 
formed or erected within the jurisdiction of 
any other state" (Art. IV, Sec. iii, H .1) ; and 
the territorial jurisdiction of the Federal Gov- 
ernment is by the Thirteenth Amendment re- 
lating to slavery or involuntary servitude in- 
dicated to include not only the states but all 
places over which it may exercise its sovereign 
power, and in the Fourteenth Amendment the 
jurisdiction of the United States, territorially, 
is made the basis for the determination of 
citizenship by birth. In one sense, at least, 
the jurisdiction of the United States includes 
places not within its territorial limits, as when 
it is said that such jurisdiction extends to 
American vessels on the high seas and the es- 
tablishment of an ambassador in a foreign 
country. The United States is also given ex- 
clusive jurisdiction over places ceded to it by 
the states for forts, arsenals, dockyards, and 
other needful buildings, and also over the Dis- 
trict of Columbia (Art. I, Sec. viii, If 17). 

The provisions of the Federal Constitution 
for a system of courts to exercise the judicial 
power of the United States defines in a general 
way the scope of their jurisdiction as to sub- 
ject matter; and Congress in creating courts 
inferior to the Supreme Court has specified the 
classes of cases as to which such judicial power 
may be exercised (see Courts, Federal, Juris- 
diction of). Likewise, in the various states, 
courts are provided for in their constitutions, 
the scope of whose powers is defined by the 
constitution itself or by statute. 

As to courts, the term jurisdiction has 
varied application. They are divided into 
courts of general jurisdiction and courts of 
limited jurisdiction, the former class including 
those which have all judicial power subject 
only to particular constitutional and statutory 
limitations, and the second class those tribunals 
which exercise only such particular or limited 
powers as are expressly conferred upon them. 
Courts are also divided into those of original 
jurisdiction, having authority to entertain and 
decide in the first instance cases and contro- 
versies, and courts of appellate jurisdiction, 
which have authority to review the decisions 
of inferior courts and tribunals. The jurisdic- 
tion of courts may also be spoken of as civil 



262 



JURISDICTION OVER FEDERAL SITES— JURISDICTION OVER WATERS 



or criminal and as legal or equitable, the dis- 
tinction being as to the nature of the subject 
matter with which the court may deal, or of 
the forms of procedure which it may employ. 
As between the federal and state courts a 
distinction is made between cases of exclusive 
and those of concurrent jurisdiction. 

Any action of a court in a case over which 
it has no jurisdiction is of no validity and may 
be disregarded. But the decision of the court 
within the scope of its jurisdiction is entitled 
to recognition everywhere as a final determina- 
tion of the case submitted to it, and by special 
provision of the Federal Constitution the ju- 
dicial proceedings of every state court having 
jurisdiction must be given full faith and credit 
in every other state ( Art. IV, Sec. i ) . 

Reference: W. F. Bailey, Jurisdiction 
(1899). Emlin McClain. 

JURISDICTION OVER FEDERAL SITES. 
Pre-Constitutional. — In colonial times the com- 
plete territorial jurisdiction of the colonial 
governments was limited: (1) by the Indian 
holdings (see Indians, Constitutional 
Status of) ; (2) by crown lands not subject 
to grants by the colonial government; (3) for 
a short time by the Proclamation of 1763 
(see), which restricted jurisdiction westward. 

A similar division of authority appeared 
early in the Revolution in the rival claims of 
the Continental Congress and the states to the 
western lands; and it was adjusted by cessions 
by all the states in interest. From 1784 on, 
the United States was in possession of terri- 
tory over which no state had jurisdiction. In 
1912 no such territories were left in the main 
continental area. 

Constitutional Provisions. — A clause in the 
Constitution assigned to the Federal Govern- 
ment "exclusive Legislation in all cases what- 
soever, over such District (not exceeding ten 
Miles square) as may, by Cession of particu- 
lar States, and the Acceptance of Congress, 
"become the Seat of the government of the 
United States, and to exercise like Authority 
over all Places purchased by the Consent of 
the Legislature of the State in which the same 
shall be, for the Erection of Forts, Magazines, 
Arsenals, dock- Yards, and other needful Build- 
ings" (Art. I, Sec. viii, H 17). In addition the 
Constitution gives authority "to regulate com- 
merce . . . with the Indian Tribes" (Art. 
I, Sec. viii, ^ 3) and "to dispose of and make 
all needful rules and Regulations respecting the 
territory and other property belonging to the 
United States" (Art. IV, Sec. iii, If 2). Under 
these clauses the powers already exercised un- 
der the Confederation over Indian laws, and 
over territorial governments were confirmed. 

Occupation. — Notwithstanding the complete 
authority thus conferred over all sites for 
federal buildings and institutions, after the 
legislature had once consented, places pur- 
chased are not completely islands of federal 



jurisdiction within the states in the same sense 
that the District of Columbia and Indian res- 
ervations are withdrawn from state jurisdic- 
tion. The United States owns about 1350 plots 
of land occupied principally by buildings, most 
of them used jointly by postal, judicial, and 
fiscal officials of the United States. In addition 
there are about 160 military and naval forts, 
posts, stations, and yards, and three federal 
penitentiaries. 

The Federal Government will not contract 
to pay for any land until the formal consent 
of the state legislature has been obtained. 
Such consents, however, commonly reserve the 
rights to serve process, that is to follow per- 
sons accused of crime, witnesses and criminals 
into the federal precincts, so that they may 
not become cities of refuge. Offenses occurring 
within those buildings, leaving out of account 
infractions of military law (see) are triable 
only before the United States courts ; but those 
courts apply the criminal law and procedure 
of the state within which the site lies. 

Difficulties. — Some efforts have been made 
to condemn pieces of government land for 
state or municipal purposes, such as streets, 
or parks. The general principle is that the 
Federal Government is not subject to condem- 
nation of its lands by state authority; nor the 
state government by national authority. 

The only serious constitutional question 
arising out of the jurisdiction over sites is the 
Fort Sumter episode (see Coercion of States; 
Rebellion; South Carolina) in 1861. The 
federal troops were retained in Fort Sumter 
partly on the ground that it was under ex- 
clusive federal jurisdiction, having been ceded 
by the state government; the South Carolina 
contention was that it had been ceded only so 
long as South Carolina should remain in the 
Union; and that it must be presumed that 'it 
had not been ceded in order to give the Federal 
Government means to blockade the harbor. 

See Concurrent Powers; Domicile and 
Residence; Eminent Domain; Indian Res- 
ervations; Military Occupation; Police 
Power; Public Lands and Public Land 
Policy; Territory, Constitutional Ques- 
tions of. 

Reference: C. E. Hay, Jr., Compiler, U. 8. 
Military Reservations (War Department, 
1904). Albert Bushnell Hart. 

JURISDICTION OVER WATERS. The ju- 

risdiction over coast waters is by general 
consent, and often by conventional agreement, 
extended to three miles from the low water 
mark. This limit is based on the theory of 
Bynkershoek (1702) who proposed that the 
right of jurisdiction should extend as far as 
it could be exercised effectively which, through 
the range of cannon at that time, was about 
three marine miles. Somewhat more extended 
jurisdiction is exercised for sanitary, police 
and customs purposes. 



263 



JURISPRUDENCE 



The right of innocent passage through coast 
waters is usually regarded as open to all in 
time of peace; and offences which take place 
on board vessels within the territorial waters 
of a state are considered within the juris- 
diction of the state whose flag the vessel 
flies, unless the act affects some party outside 
the vessel or disturbs the peace of the state 
in whose jurisdiction the vessel may be. 

The jurisdiction over straits, rivers, or nar- 
row waters, six miles or less in width, lying 
between two states, in absence of conventional 
agreement is held to extend to the middle of 
the navigable channel. 

There is much divergence in opinion as to 
jurisdiction over gulfs and bays. It is admit- 
ted that when the opening to the sea is not 
more than six miles in width the general ju- 
risdiction is in the state or states within whose 
territory the waters are. The jurisdiction over 
inland seas is similar. 

The jurisdiction over rivers in absence of 
conventional agreement is: (1) as regards 
rivers wholly within a state, exclusive in that 
state; (2) as to rivers partly within a state, 



exclusive as to the part within the state; (3) 
as to rivers flowing between states, each state 
has jurisdiction to the middle of the river, 
or if navigable, to the middle of the channel 
(see Navigation of International Rivers). 
The Supreme Court of the United States, in 
1905, said in regard to a ferryboat plying be- 
tween Tennessee and Arkansas, that: 

A state may, in the exercise of its police powers, 
exact a license fee as a condition to sell intoxi- 
cating liquors over the bar on board of a steam- 
boat while within the boundaries of the State, 
notwithstanding such boat is navigating the Mis- 
sissippi and engaged in interstate commerce. Such 
a license fee does not in any way violate the 
freedom of the navigation of the Mississippi River 
as guaranteed by treaties and statutes. 

See Blockade; High Seas; Lakes, Juris- 
diction and Navigation of; Mare Clausum; 
Ports, Jurisdiction in; Right' of Visit; 
Three-Mile Limit; Vessels; Water Bound- 
aries. 

References: Fopino vs. Speed, 199 U. S. 501; 
L. Oppenheim, Int. Law (1912), I, 239-273; 
G. G. Wilson, Int. Laio (1910), 97-120; North 
Atlantic Coast Fisheries Arbitration, Report, 
1910. George G. Wilson. 



JURISPRUDENCE 



The Science of Law. — Jurisprudence is the 
science of law, using the term law in its 
juridical sense, as denoting the body of princi- 
ples recognized or enforced by public or regu- 
lar tribunals in the administration of justice 
(see). As law is a means toward the ad- 
ministration of justice, jurisprudence is to 
that extent the science of justice; not of 
justice in general, however, but of justice ap- 
plied to the relations of men with each other, 
of men with the state or society, and of states 
with each other, so far as it may be so applied 
by tribunals in organized societies. The prob- 
lems of jurisprudence are: (1) the nature 
of law; (2) the scope of effective legal action 
in adjusting human relations and regulating 
human acts; (3) the modes of effective law 
making, or, as it is put usually, the sources 
from which legal rules are drawn and the 
forms in which they are expressed; (4) appli- 
cation and enforcement of law. Its materials 
are drawn, on the one hand, from philosophy, 
ethics, economics, politics and sociology, and, 
on the other, from legal history, comparative 
law, and dogmatic study of particular legal 
systems. Anglo-American jurists, almost with- 
out exception, have pursued either the analy- 
tical or the historical method. Hence the 
criticism frequently made by economists and 
sociologists, that legal science neglects unduly 
the former class of materials, is not without 
foundation. But it is equally true that lay 
critics seldom appreciate the importance of 
the other class nor take account of the in- 
herent difficulties in the administration of 



justice according to law which legal history 
and comparative law bring home to the jurist. 
Interpretations of Jurisprudence. — There 
have been four ways of interpreting legal his- 
tory, and hence four ways of approaching juris- 
prudence. (1) The idealistic view traces the 
development of the idea of justice as an ethical 
and moral phenomenon and its manifestation 
in the principles applied by the courts. It 
seeks the metaphysical or philosophical basis 
of justice and right as ideas. Upon the former 
it Wilds legal history, upon the latter, juris- 
prudence. This was the standpoint of the 
philosophical jurists in the nineteenth century. 
(2) The political view assumes that a move- 
ment from subjection to freedom, from status 
to contract, is the key to both legal and social 
development. It sees the end of all law in 
liberty and conceives of jurisprudence as the 
science of civil liberty. As Lorimer puts it, 
"the proximate object of jurisprudence, the 
object which it seeks as a separate science, 
is liberty." This view has prevailed almost 
exclusively in England and America under the 
influence of Sir Henry Maine. (3) The biolog- 
ical or ethnological view arose in connection 
with the rise of comparative law under the 
influence of the older sociological jurists, to 
whom biology appeared all-sufficient to furnish 
laws for the super-organic as well as the 
organic. Accordingly, those who took this 
view looked chiefly to the ethnological en- 
vironment of laws and found in the surround- 
ings and characteristics of the races of men 
among whom laws exist the determining fac- 



264 



JURISPRUDENCE 



tors in juridical progress and in legal insti- 
tutions. It was much in vogue in the last 
half of the nineteenth century while the 
social-philosophical school of jurists was for- 
mative. (4) The economic view has been 
urged chiefly in America. Brooks Adams, its 
leading exponent, asserts that the idea of 
justice has had nothing to do with the actual 
course of legal development. He maintains, to 
quote his own words, that "the rules of law 
are established by the self-interest of the 
dominant class, so far as it can impose its 
will upon those that are weaker." 

There is much truth in each of the forego- 
ing interpretations. But the first and fourth 
have more warrant in the history of legal 
systems than the other two. Three influences 
appear to have been of chief importance in 
determining the actual content of legal sys- 
tems: (1) The ideal of an absolute, eternal 
justice to which jurists and judges have 
sought to make the rules enforced in the 
tribunals approximate so far as possible. This 
has been the controlling influence in the classi- 
cal periods, the periods of growth, of both of 
the two great legal systems — in the period of 
the jus naturale in Roman law, and the period 
of the school of natural law on the continent 
in the seventeenth and eighteenth centuries; 
in the period of the rise of the court of chan- 
cery and development of equity in England and 
the period of American common law, when the 
traditional principles of English case law 
were made over to meet the requirements of 
America in the first three quarters of the 
nineteenth century. (2) Juristic tradition, 
that is, traditional principles and traditional 
modes of reasoning therefrom. This is the 
chief influence in determining the bulk of 
the rules actually in force in any legal system 
at any given time. ( 3 ) The self-interest of the 
dominant class in the community for the 
time being. 

The first and second of these influences affect 
and, for the most part, determine the tradition- 
al or historical element in legal systems, i. e., 
case law or judge-made law and doctrine or 
jurist-made law. The third affects chiefly and 
to a large extent determines the imperative 
element in legal systems, that part which is 
made consciously, *. e., legislation. For this 
reason it has played the least part in legal 
development. In the long run, as criteria for 
the decision of controversies between man and 
man, more or less arbitrary expressions of 
will cannot prevail over reasoned attempts to 
attain an ideal justice based upon the experi- 
ence of past litigation. So far as legislation 
gives improved form to the judicial and juris- 
tic experience of the past, it succeeds in be- 
coming a permanent part of the legal system. 
So far as it is enacted without regard to the 
principles among which it must take its place 
in the general body of the law, it has usually 
failed of lasting effect. Hence legislation 



which is purely imperative in character, which 
has authority rather than reason and judicial 
experience for its basis, has proved to have but 
little effect upon the course of the law. 

Schools of Jurists. (1) Analytical. — In gen- 
eral, jurists may be grouped in four schools : 

(1) analytical; (2) historical; (3) philo- 
sophical; (4) sociological. The analytical 
jurist pursues a comparative study of the 
purposes, methods and ideas common to de- 
veloped systems of law, by analysis of such 
systems and of their doctrines and insti- 
tutions in their matured forms. This method 
is appropriate only to developed legal systems 
and as the growing point in a matured 
system comes to be more and more in legis- 
lation, the analytical theory of law has always 
been imperative or positive. In England, the 
supremacy of parliament has led jurists to 
adopt this theory. In Germany, the rise of 
legislation under the empire and the enact- 
ment of the code, while not leading to an 
analytical school, have given an analytical turn 
to historical and philosophical jurists. Briefly, 
the characteristics of the analytical jurists 
are: (1) they look to developed systems only; 

(2) they regard law as something made con- 
sciously. As Munroe Smith puts it, they 
conceive of law as "a product of conscious and 
increasingly determinate human will;" (3) 
they lay stress upon the force and constraint 
behind legal precepts; to them law is a body 
of rules; (4) they take statutes to be the 
typical form of law; (5) their philosophy is 
utilitarian or teleological. The founder of this 
school is John Austin (1790-1859; Province 
of Jurisprudence Determined, 1832). 

(2) Historical. — The historical jurist pur- 
sues a historical study of the origin and de- 
velopment of law, legal systems, and particu- 
lar doctrines and institutions. He thinks of 
law as something that is found, not made, con- 
ceiving that principles of human action or of 
social action are found by experience and are 
gradually developed and expressed in rules. 
He is skeptical with respect to legislation, 
holding that ambitious schemes of legislation 
seek to achieve the impossible by making at 
one stroke what may only be found and de- 
veloped by judicial and juristic experience. 
In comparison with the other schools, the 
characteristics of the historical jurists may be 
said to be: (1) they look to the past of law 
rather than to the present; (2) they regard 
the law as something that is not and in the 
long run cannot be made consciously; (3) they 
lay stress chiefly upon the social pressure be- 
hind legal precepts; (4) they look upon 
custom, or those customary modes of decision 
that make up a body of juristic tradition or 
of case law, as the type ; ( 5 ) for the most part 
they have been Hegelians in their views with 
respect to the philosophy of law. This school 
prevailed in Germany during the nineteenth 
century and in the comparative form given to 



265 



JURISPRUDENCE 



it by Sir Henry Maine (1822-1888; Ancient 
Law, 1861) has had almost undisputed domi- 
nance in American teaching of legal science. 
The founder of the school is F. C. von Savigny 
(1779-1861; Vom Beruf unsrer Zeit fur Ge- 
setzgebung und Rechtswissenschaft, 1814). 

(3) Philosophical. — The philosophical jurist 
seeks the philosophical and ethical bases of 
law, legal systems and particular doctrines 
and institutions, and criticizes them with re- 
spect to such bases. To him, as to the his- 
torical jurist, law is found rather than 
made; but he holds that principles of right 
and justice are found and developed into rules. 
Hence in comparison with the analytical 
school, the philosophical jurist and the histori- 
cal jurist are at one on many points. The 
chief differences are: (1) The philosophical 
jurist is more inclined to consider the ideal 
future of law than its past or its present; 
but this is not true of recent philosophical 
jurists, who deem it their duty to work out 
a philosophy of the law that is. (2) While 
agreeing that law is found, not made, he has 
no objection to the development of a principle 
by legislation when found. Indeed, on the 
whole, philosophical jurists have favored legis- 
lation, and codification was a chief tenet of the 
law-of-nature school in the eighteenth century. 
(3) He considers sanction of little importance, 
laying stress chiefly upon the ethical and moral 
aspects of legal precepts. Philosophical juris- 
prudence was the dominant type everywhere 
until the rise of the historical school in Ger- 
many at the beginning of the nineteenth cen- 
tury and the rise of the analytical school in 
England about the middle of that century. 
It has prevailed in France and Italy at all 
times. It has had three phases, represented 
by the law-of-nature school of the seven- 
teenth and eighteenth centuries (founder, Hugo 
Grotius, De Jure Belli ac Pacis, 1625 ) , the 
metaphysical school of the nineteenth cen- 
tury (beginning, on the whole with Kant's 
Metaphysiche Anfangsgriinde der Rechtslehree 
1787), and the social philosophical school of 
the twentieth century. 

The first group is represented to-day by 
Rousseauists in France and in America, by 
publicists of the older type and, to 
some extent, by Anglo-American lawyers 
bred on the introductory chapters of Black- 
stone. They hold that law is simply declara- 
tory of principles which inhere in human 
nature and are discoverable by abstract reason. 
This theory, universally accepted when the 
Federal Constitution was adopted, is to be seen 
in our bills of rights (see) and in the decisions 
which settled for the courts the scope and 
character of their provisions. The second 
group has modern representatives in Scotland, 
Italy, France and possibly Germany. Its 
method is to deduce a whole system from 
some assumed first principle, and to test or 
account for legal systems, institutions and 



doctrines thereby. Thus, Boistel (Cours de 
Philosophie de Droit, 1899), who is one of the 
best recent representatives, deduces a whole 
system from a principle of respect for per- 
sonality. The social-philosophical group, to 
which almost all recent philosophical jurists 
are to be assigned, shows three types: the 
social utilitarians, whose tendency is analyt- 
ical and sociological; the Neo-Kantians, whose 
tendency is philosophical and sociological; 
and the Neo-Hegelians, whose tendency is his- 
torical and sociological. These three groups 
represent different phases of a reaction from 
the historical jurisprudence which prevailed 
during the nineteenth century. 

(4) Sociological. — A radical change began 
when the social utilitarians turned their atten- 
tion from the nature of law to its purpose. 
The founder of this group, R. von Jhering 
(1818-1892, Der Ziveck im Recht, 1877-18-83) 
insisted upon the importance of regarding law 
as a means rather than as an end and sought 
to oppose to the "jurisprudence of concep- 
tions," which the Romanists had brought about 
through the historical school, a "jurisprudence 
of realities" in which legal precepts should 
be worked out and should be tested by their 
results — by their practical application and not 
soley by logical deduction from the principles 
discovered by historical study of Roman and 
Germanic law. Like the analytical jurists, 
they conceive of law as something that is 
made consciously and they hold that the ends 
for which it is made must be accorded chief 
importance. The Neo-Kantians put the prime 
emphasis on justice in each concrete case. 
Therefore, a just abstract rule had been the 
aim. They urge that rules are to be regarded 
as guides to just results in each case rather 
than as inflexible molds into which every case 
is to be fitted. They have started the problem 
of application of rules, which is a burning 
question in recent juristic literature. The Neo- 
Hegelians of whom Kohler is the leader (Lehr- 
buch der Rechtsphilosophie, 1910), insist upon 
more power of development and adaptation in 
the legal system. Their fundamental position 
is that law reflects the culture (in the German 
sense) of a people. Accordingly they hold that 
law must be kept in an intimate relation to 
social development and urge a social inter- 
pretation of legal precepts in place of the 
current technical juristic interpretation. Thus 
in general, under the influence of the social- 
philosophical schools, application and enforce- 
ment have become the central problems. 
Through them, recent jurists have been led 
to investigate the nature of the legal order, 
toward which law is an end, rather than the 
nature of law itself. 

The sociological school is still formative and 
in diversity of view its adherents but re- 
flect the diversities that exist among sociolo- 
gists. This, however, is no more a ground 
for denying the existence of such a school than 



266 



JURISPRUDENCE 



differences among sociologists are ground for 
denying, that there are sociologists. The 
earlier types of sociological jurist stood for 
the biological or ethnological view of juris- 
prudence and gave disproportionate attention 
to the institutions of primitive peoples. In 
consequence the social-philosophical jurists, 
who applied themselves to problems of the 
present law, have contributed more to a socio- 
logical jurisprudence than the professed so- 
ciologists. The most important contributions 
have been made by the Italian sociological 
criminalists. But they wrought in the era of 
the biological sociology, and their work exhibits 
strikingly the defects of that phase of social 
science. Unhappily many assume that their 
interpretation must stand always for sociolog- 
ical jurisprudence. Next in importance has 
been the contribution of the workers in so- 
called ethnological jurisprudence who have 
overthrown the favorite proposition of the 
historical jurists, that law is a product of the 
genius of a people. Indeed, analytical jurists 
had shown that this could be true only of 
what has been called the political element in 
legal systems and that it had no validity for 
the technical element, i. e., that part which 
takes the form of juristic working over of 
traditional juristic materials. But compara- 
tive study of primitive legal systems has shown 
much more than this. "Over and above nation 
and race," says Fehr, "there must be conditions 
of producing law which have universal force. 
The fundamental forms of the spiritual social 
life, from which all law springs forth, are more 
independent of race and nation than the his- 
torical school admits. The similarity of the 
law in cases of extreme dissimilarity of race 
can only be explained by a common human 
basis. . . . It is not possible to deduce all 
law from the special national character of a 
people." More recently sociological jurists 
have turned their attention to the social his- 
tory of law (SozialrechtsgescMchte) , that is, 
the development of social life with respect to 
its relation to legal norms. 

But the latest and most significant movement 
builds upon the work of the social-philosoph- 
ical jurists and insists upon taking social 
interests into account as the interests secured 
by legal precepts, calls for social interpreta- 
tion of legal doctrines and principles, and 
urges that legal rules be applied in a social 
manner. He who interprets the law, says 
Kohler, is not to seek simply the intent of 
the law-maker. The latter thought the 
thoughts of his time and place. The legal 
precept represents the intention of society, and 
took from the law-maker simply its form and 
style. He wrote this with reference to a code. 
But in a system of unwritten law, such as 
our own, we have equally to remember that 
analysis of and deduction from decisions, with- 
out taking account of the social conditions 
that speak through them, must lead to a legal 



66 



267 



system out of all touch with the community 
to which it is to be applied. Not a little in 
the constitutional law of the United States 
may be cited by way of illustration. 

Comparing the sociological jurists with the 
older schools, we may say: (1) Formerly they 
looked chiefly and too exclusively to the law 
of primitive peoples. Today, they consider 
the present law, but more with respect to its 
workings than to its contents. (2) They re- 
gard law as something which to a large and 
growing extent depends upon human choice, 
but not necessarily upon a legislative or arbi- 
trary choice. On the other hand they show a 
preference for juristic or magisterial choice 
of the precept or interpretation that best 
furthers the ends of law. (3) They lay stress 
upon the social purposes which law subserves 
rather than upon sanction. (4) They have no 
necessary preference for any form of law but 
urge that legal precepts are to be regarded 
more as guides and less as inflexible molds. 
(5) Their philosophical views are very di- 
verse. At first they were positivists. Recent- 
ly, they have adhered to some one of the groups 
of the social-philosophical school, from which 
indeed the sociological school, at present, in 
essential points, is not easily distinguishable. 

Application of Law. — In England and Amer- 
ica jurists are still concerned chiefly with the 
problem of the nature and sources of law. 
The problem of application of law has received 
but scant attention. Nevertheless it is a 
problem of the first rank in our own legal 
system. Three modes of applying legal norms 
exist in all systems. One method is to en- 
deavor to find the proper dogmatic pigeon-hole 
for each cause, to put the case in hand into 
it by a purely logical process and to formu- 
late the result in a judgment. The stand- 
point of those who apply this method is essen- 
tially analytical, and it may be called analyt- 
ical application of the law. Like the analyt- 
ical theory of law, it is a concomitant of legis- 
lation, and so has come into vogue in Europe 
with the adoption of modern codes. It is 
especially adapted to the security of property 
and so has accorded with the importance which 
Anglo-American law attributed to proprietary 
interests in the nineteenth century. 

Another method proceeds upon the conception 
that any legal precept or doctrine is but a 
continuation and development of pre-existing 
law. Those who adhere to this method hold 
that all exposition must begin with an elabor- 
ate inquiry into the pre-existing law and into 
the history of the competing juristic theories 
among which those who laid down the rule 
had to choose. After this inquiry, however, 
the method is much the same as the analytical 
method. The latter proceeds on the idea that 
the rule to be applied is a command of the 
sovereign, to be regarded in and of itself. 
The former proceeds on the view that it is a 
development of the juristic theory of the past. 



JURY COMMISSIONS— JURY, GRAND 



By either method, however, when the rule is 
interpreted and its content is ascertained the 
process of application is purely logical. This 
second method may be called one of historical 
application of law. 

A third method has been advocated in con- 
tinental Europe in recent years. Those who 
contend for this method start from the idea 
that the essential thing is a reasonable and 
just solution of the individual controversy. 
They contend for individualized application. 
They urge that application of law is more than 
a mechanical process, that logic is not an all- 
sufficient instrument, and that the rule is to 
be fitted to the cause, not the cause to the rule. 
This theory of what has been called equitable 
application of law is a modern development 
under the influence of sociological thought. It 
has no exponents in America, although the 
method itself is coming to be applied subcon- 
sciously more and more by many of our courts. 
The result is a crude individualization in ap- 
plication of law which is unhappy in its results. 
Undoubtedly Anglo-American jurists must 
think upon this problem as well as jurists 
elsewhere. 

See Equity; Justice; Police Power; 
Rights and Remedies; and under Law. 

References: M. Smith, Jurisprudence (1908) ; 
J. C. Gray, The Nature and Sources of Law 

(1909) ; W. J. Brown, The Austinian Theory 
of Law (1906) ; J. W. Salmond, Jurisprudence 

(2d ed., 1907) ; for the philosophical and socio- 
logical views, R. Stammler, Die Lehre von dem 
richtigen Rechte (1902), Wirthschaft und 
Recht (2d ed., 1906); A. Menger, Ueber die 
sozialen Aufgaben der Rechtswissenschaft, (2d. 
ed., 1905) ; F. Berolzheimer, System der Rechts 
und Wirthschaftsphilosophie (1905), II; J. 
Kohler, Lehrbuch der Recht sphilosophie 

(1910) ; R. Bierling, Juristische Prinzipien- 
lehre (1911), IV; H. U. Kantorowicz, Rechts- 
wissenschaft und Soziologie (1911) ; H. Rolin, 
Prolegomenes a la Science du Droit (1911) ; R. 
Demogue, Les Notions fondamentales du Droit 
Trine (1911). Roscoe Pound. 

JURY COMMISSIONS. Jury commissions 
are selected by the courts usually, and are 
frequently bipartisan, made up of two members 
of each party. There is nothing compelling 
the commission to place any particular name 
in the lists for jury service. Jurors may be 
selected from special venire, under the direc- 
tion of the court. See Jury, Petit. 
Reference: S. E. Baldwin, Am. Judiciary, 
(1905), 192. T. N. H. 

JURY, GRAND. In the early history of 
English law provision was found for the select- 
ing from the free-holders of the county of a 
body of persons not exceeding twenty-four in 
number who should be summoned and sworn to 
inquire into matters of public concern and 
especially as to the commission of crimes, and 



report to the King's court that prosecutions 
might be instituted against them in the King's 
name. This body of persons was first called 
"le graunde inquest" and subsequently came to 
be known as the grand jury. Statutory pro- 
vision for the summoning of such a body was 
first made during the reign of Edward III 
(1368). This institution was no doubt a de- 
velopment of the system of inquests under royal 
authority introduced into England by the Nor- 
mans (see Jury, Petit), but in its distinctive 
characteristics it was not of Norman origin, 
nor was it in existence among the Anglo-Sax- 
ons prior to the Norman period. 

As it existed in England at the time the 
colonies became independent and continued to 
be recognized in the states, the grand jury 
consisted, and still consists, in the absence of 
constitutional or statutory modification, of a 
body of persons not less than thirteen nor 
more than twenty-three in number, duly select- 
ed and sworn, under the authority of a court 
having authority to inquire as to the commis- 
sion of crimes within the territorial jurisdic- 
tion of the court and to make presentment 
thereof by indictment. 

The right of exemption from trial for a 
capital or otherwise infamous offense, other- 
wise than on presentment of indictment of a 
grand jury, is guarnateed as to the federal 
courts by the Constitution (Amendment V), 
and in the states there are similar consti- 
tutional guaranties as to the state courts. 
An infamous offense, as the term is used in 
the Federal Constitution, means a crime the 
punishment of which may be penitentiary im- 
prisonment. Under state constitutions the 
guaranty extends to charges of felony and 
sometimes to lesser offenses. 

Constitutional guaranties of the right to be 
tried for crime only on indictment by a 
grand jury imply a common law grand jury 
of whose number at least twelve concur in the 
finding of the indictment, but by provisions 
in state constitutions a smaller number of 
grand jurors than required by the common law 
and the concurrence of a smaller number than 
twelve in the finding of the indictment may 
be authorized. 

Due process of law in criminal cases, while 
it implies some formal charge of a crime for 
which the accused is to be put on trial and 
the opportunity to meet such charge in a regu- 
lar judicial proceeding after proper notice 
and with opportunity to defend, does not neces- 
sarily imply that such charge be made by the 
indictment of a grand jury; therefore the 
guaranty of due process of law in the Four- 
teenth Amendment as against state action does 
not prevent the modification or entire abolition 
of the common law grand jury by the states. 

The general preservation, however, of the 
grand jury system is to be explained not only 
by reference to its history but also by con- 
sideration of the fact that it affords a de- 



268 



JURY, PETIT 



sirable safeguard against the unwarranted 
ignominy of being put on public trial for an 
offense which there is no reasonable ground to 
believe the accused has committed. The course 
of procedure in the selection of a grand jury 
and in the conduct of its investigations is 
directed towards this end. The persons select- 
ed are to be those who would be qualified to 
sit on a trial jury. The grand jury is to 
investigate the cases of those who have been 
arrested and held under preliminary informa- 
tion on oath by private accusers; and it may 
also investigate cases of supposed crime of 
which it has knowledge or to which its atten- 
tion may be called by the public prosecuting 
officer. Its proceedings are secret and its 
members are sworn not to subsequently divulge 
them. An indictment can be found only on the 
testimony of witnesses examined under oath 
and the grand jury may give to the accused an 
opportunity to explain by his own testimony 
or that of witnesses called by him the circum- 
stances which seem to be incriminating. The 
charge of crime is formulated in an indictment 
which is returned to the court if the re- 
quisite number of grand jurors concur there- 
in; otherwise the indictment or charge is 
ignored. It is usual to provide that minutes 
of the testimony of the witnesses examined be 
kept and returned with the indictment to the 
court. 

By statutes, grand juries are usually re- 
quired on the direction of the court to inquire 
into certain matters of public concern, such 
as the conduct of public officials, in order 
that proper proceedings in court with reference 
thereto may be taken; but in general they do 
not make report in such matters unless crimi- 
nal conduct has been discovered. 

Reference: G. J. Edwards, The Grand Jury 
(1906). Emlin McClain. 

JURY, PETIT. Constitutional Provisions. 

— Trial by jury involves the determina- 
tion in a court of law of issues of fact by a 
body of persons chosen for the purpose called 
specifically a petit jury as distinguished from 
a grand jury, which is a body of persons chosen 
to conduct a preliminary investigation as to 
the commission of crime (see Jury, Grand). 
Jury trial as an institution was early developed 
in England and in its essential characteristics 
is peculiar to the English system of law. It 
is popularly supposed to have been guaranteed 
in Magna Charta, but as now understood it 
was not in existence at that time and was not 
referred to, or anticipated in the famous pro- 
vision as to "lawful judgment of his peers" 
or "the law of the land." But prior to the 
settlement of America it had become an in- 
stitution of such definite character and such 
well recognized use in courts of law, that it 
is essentially recognized and guaranteed in 
all of our state constitutions as well as in the 
Federal Constitution (Art. Ill, Sec. ii, H 3). 



It is perhaps the most important institution 
which has been accepted without substantial 
modification from England. 

Our constitutional provisions relate essen- 
tially to the preservation of jury trial as it 
existed in England and the colonies at the time 
of independence and are typically represented 
by the provisions in the Federal Constitution 
that "trial of all crimes . . . shall be by 
jury;" that "in all criminal prosecutions, the 
accused shall enjoy the right to a speedy and 
public trial by an impartial jury" (Sixth 
Amendment) ; and that "in suits at common 
law where the value in controversy shall 
exceed twenty dollars the right of trial by jury 
shall be preserved." (Seventh Amendment). 
These provisions of the Federal Constitution 
are applicable only to trials in the federal 
courts. The guarantee of due process of law 
(see Due Process of Law) in the Fourteenth 
Amendment as against infringement by the 
states does not necessarily preserve trial by 
jury in the state courts, unless it may be in 
criminal cases, for in some classes of judicial 
proceedings, such, for instance, as trials of 
cases in equity or in admiralty, juries were 
not essential nor usual. And the provision as 
to due process of law has not been interpreted 
as necessitating the preservation of jury trial 
in the states even in cases at law which were 
usually so tried at the time of the adoption 
of the Fourteenth Amendment. 

Characteristics. — The essential features of 
trial by jury are: (1) the selection for the 
particular case to be tried of a number of 
persons, usually twelve, citizens of the state 
and residents of the county, possessing quali- 
fications specified by law who are sworn to 
hear the evidence and return a verdict in 
that case; (2) the trial of the issues of fact 
in the case before this body of persons under 
the direction of a judge, who decides upon 
the admissibility of the evidence offered in 
accordance with rules of law and gives direc- 
tions to the jury as to the principles of law 
applicable to the evidence received; (3) a con- 
sultation of the members of the jury as J;o 
the evidence received by the court considered 
with reference to the principles of law an- 
nounced by the judge in his instructions; (4) 
the return of a general verdict in the affirma- 
tive or negative as the result of a unanimous 
agreement of the jury; and (5) the acceptance 
of such verdict by the court as a final deter- 
mination on the issues of fact submitted in the 
case. 

Selection and Qualifications of Jurors. — The 
method of selection of the jurors for the trial 
of the case is determined by rules of procedure 
usually fixed by statute, and their necessary 
qualifications are likewise thus fixed by the 
court, the object being to secure persons who 
can hear and understand the evidence as pre- 
sented and, without bias, prejudice or favorit- 
ism, ascertain the truth as to the facts. 



269 



JUS SANGUINIS— JUSTICE 



Functions of Judge and Jury. — The jury de- 
termines the questions of fact submitted to 
it by the court on the evidence received under 
the directions of the court as to the law appli- 
cable to the case and returns a general verdict 
in the case as thus presented for its determi- 
nation. After an acquittal in a criminal case 
the accused cannot be again put on trial for 
the same crime and the verdict is therefore 
final although contrary to the principles of 
law announced by the court or contrary to the 
evidence received (see Jeopardy). But in 
civil cases and in criminal cases in which a 
verdict of guilty is returned the court may 
determine as matter of law whether the evi- 
dence received furnishes any support to the 
verdict as returned and may set aside the 
verdict and grant a new trial on account of 
lack of any evidence to support the finding of 
the jury or on account of passion or prejudice 
manifested in the jury's verdict or on account 
of misconduct of the jurors in their relations 
to the case. On a review in an appellate court 
by appeal {see) or writ of error {see) the 
determination by the jury of a question of fact 
properly submitted as to which the evidence is 
in conflict, is conclusive and can not be in- 
vestigated for the purpose of redetermining 
the correctness of the jury's conclusions. This 
principle is embodied in the provision of the 
Federal Constitution that "no fact tried by 
jury shall be otherwise reexamined in any 
court of the United States than according to 
the rules of the common law" (Seventh 
Amendment). 

Number of Jurors: Unanimity of Verdict — 
A common law jury consists of twelve men 
accepted as possessing the proper qualifications 
to try the case. The number is one fixed by 
custom so well settled before the adoption of 
our constitutions that jury trial as guaranteed 
in them necessarily means a trial by jury of 
twelve. But there may be provisions for jury 
trial in cases in which the right of jury trial 
is not constitutionally guaranteed and the 
number of jurors in such cases may be regulat- 
ed by statute and a trial by a less number au- 
thorized. Furthermore, as already suggested, 
there is nothing in the Federal Constitution to 
necessitate the preservation of jury trial in the 
state courts and by the provisions of a state 
constitution the number of jurors may be regu- 
lated. The common law rule requiring unanim- 
ity of verdict is also subject to modification 
for state courts in state constitutions, and in 
some states a verdict acquiesced in by a speci- 
fied number of the jurors less than all is 
authorized. 

See Immunity; Trials. 

References: J. Story, Commentaries on the 
Constitution (5th ed., 1891), §§ 1763-1773, 
1778-1782; H. C. Lodge, Ed., The Federalist, 
No. 83 (1888); H. C. Black, American Con- 
stitutional Law (3d ed., 1910), 618-630, 682; 
W. Forsyth, History of Trial oy Jury ( 1852 ) ; 



J. Proffat, Jury Trial (1877) ; Lesser, History 
of Jury System (1894) ; J. B. Thayer, Prelimi- 
nary Treatise on Evidence (1896), containing 
articles appearing in Harvard Law Rev., V, 
1891-2, 45, 249, 295, 357; J. E. R. Stephens, 
"Growth of Trial by Jury in England" in 
Harvard Law Rev., X, 1896-7, 150; as per- 
tinent cases, see Capital Traction Co. vs. Hoff 
(1899), 174 U. S. 1; Maxwell vs. Dow (1900), 
176 U. S. 581. Emlin McClain. 

JUS SANGUINIS. Law of the blood. A 
term commonly used to indicate that national- 
ity of the child follows that of the parents. 

G. G. W. 

JUS SOLI. Law of the locality. The term 
commonly used to indicate that nationality is 
determined by place of birth. See Jus San- 
guinis. G. G. W. 

JUSTICE. It is difficult to formulate a 
satisfactory definition of justice. Perhaps the 
best way to obtain a conception of it is to 
consider its relation to the words most closely 
associated with it, law and morals. There is 
no doubt that the measure of just conduct is 
in many cases its conformity to positive law; 
for law presupposes ideas of justice in some 
form or other; and justice is the ostensible 
goal aimed at in the development of law both 
by legislatures and by courts. Moreover, our 
notion of justice furnishes us with a standard 
whereby to judge law. In popular speech the 
obtaining of justice is synonymous with ob- 
taining our legal rights; and, furthermore, 
"courts of justice" and "courts of law" are 
used as interchangeable terms. Leading writ- 
ers have, indeed, declared that no law can be 
unjust. But reflection shows us that justice 
and law are by no means commensurate. The 
administration of justice is the function of 
the state. Law is secondary to this function. 
It [law] consists of fixed principles in accord- 
ance with which such function is exercised. "It 
consists of the preestablished and authoritative 
rules which judges apply in the administra- 
tion of justice, to the exclusion of their own 
free will and discretion." "The law is the 
theory of things, as received and acted on 
within the courts of justice, and this theory 
may or may not conform to the reality of 
things outside." "The law, if it is to be a 
workable system, must needs be blind to many 
things, and the legal theory of things must be 
simpler and less elaborate than the reality. 
Partly by deliberate design, therefore, and part- 
ly by the errors and accidents of historical 
development, law and fact, legal theory and the 
truth of things, are far from complete 
coincidence." "Legal justice may conflict 
with natural justice" (Salmond). For 
instance, a debtor, on whose debt the statute of 
limitations has run is under no legal duty to 
pay his creditor; yet, if he refused to do so, 



270 



JUSTICE, DEPARTMENT OF 



his conduct might he considered immoral and 
unjust. Likewise there is no obligation in law 
upon one who makes a gratuitous oral promise 
to perform it. Yet his neglect to do so might 
well stamp him as immoral and unjust. Nor 
can we call all violators of law unjust, but 
only violators of some laws. The violators of 
the Fugitive Slave Law were not law observers, 
but might well have been acting justly. 

Nor can we say on close analysis that the 
words just and moral are commensurate. If 
the sole survivor of a ship cast on a desert is- 
land is also the owner of her cargo of cham- 
pagne, it may not be unjust for him to spend 
his time in drinking up the cargo but it is 
certainly his moral duty not to do so. Justice 
is existent only in respect to that part of the 
conduct of an individual in which others are 
concerned. It is "a tendency of the will and 
mode of conduct which refrains from disturb- 
ing the lives and interests of others, and, as 
far as possible, hinders such interference on 
the part of others" ( Paulsen ) . The interests 
of others which one ought to refrain from dis- 
turbing and to prevent others from disturbing 
are: his life and body, his family, his prop- 
erty, his honor, and his freedom. Infringe- 
ment of these interests is injustice. Regard 
for these interests, performance of the duties 
not to infringe them, is justice. 

See Equity; Jurisprudence ; and under 
Law. 

References: J. W. Salmond, Jurisprudence 
(3d ed., 1910), ch. ii; H. Sidgwick, The 
Methods of Ethics (6th ed., 1901), Bk. Ill, ch. 
v; J. C. Carter, Law, Its Origin, Growth and 
Function (1907); F. Paulsen, Ethics (Thilly's 
translation, 1899 ) , ch. ix. Joseph Warren. 

JUSTICE, DEPARTMENT OF. Organiza- 
tion. — In 1870, Congress created the Depart- 
ment of Justice, at the head of which it placed 
the Attorney General, who had been a member 
of the President's Cabinet since the office was 
created in the judiciary act of 1789. The 
supervision over the accounts of the United 
States courts was taken from the Department 
of the Interior. The various law officers of 
the government, distributed among the various 
departments, were placed under the jurisdic- 
tion of the Attorney General, thereby securing 
uniformity in the construction and administra- 
tion of the laws, which theretofore had been 
lacking. The act of 1870 also created the of- 
fice of solicitor general, whose duty it is to 
assist the Attorney General, and, in his ab- 
sence or incapacity, to act in his stead. The 
solicitor general, subject to the direction of his 
chief, conducts and argues in the various 
courts in Washington cases in which the United 
States is a party; he prepares opinions ren- 
dered to the President and heads of depart- 
ments, and directs law officers of the govern- 
ment throughout the country; he receives a 
salary of $10,000, or $2,000 less than the head 



271 



of the department. There is an assistant to 
the Attorney General who has special charge 
of matters arising under federal anti-trust and 
interstate commerce laws, and who draws 
$7,000 annual pay. \ 

Division of Work. — The seven assistant at- 
torneys general, each of whom draws a salary 
of $5,000, assist in the argument of cases in 
the supreme court; aid in the preparation of 
legal opinions; defend suits in the court of 
claims; conduct the defense in Indian depreda- 
tion claims; and attend to the government in- 
terests in matters of reappraisement and classi- 
fication of imported goods. A division of pub- 
lic lands is charged with the enforcement of 
public-lands laws, including suits to set aside 
conveyances of allotted lands. The legal af- 
fairs of the Departments of War and the 
Navy are conducted by the judge advocates gen- 
eral (see), who are not under the department 
of justice; but each of the other departments 
has a legal officer who is under the jurisdiction 
of the Attorney General. The Department of 
the Interior has an assistant attorney general 
who deals with appeals from the general land 
office, hears oral arguments or receives briefs, 
and prepares opinions to be signed by the as- 
sistant secretaries of the department. The 
solicitor of the Department of State advises 
the Secretary on matters of international and 
municipal law, passes upon claims of citizens 
against other governments or of foreigners 
against the United States, and upon applica- 
tions for extradition. The solicitor of the 
Treasury deals directly with marshals and 
clerks of courts in matters relating to frauds 
on the revenues; examines titles to lands pur- 
chased for life-saving station sites, and issues 
warrants against delinquent treasury officials. 
The solicitor of internal revenue has charge 
of compromise cases and other legal matters 
relating to that bureau. The assistant at- 
torney general for the Post Office Department 
and the solicitors of the Departments of Com- 
merce and of Labor perform duties assigned by 
the heads of those departments. Each of these 
officers draws an annual salary of $5000; and 
he has an office in the department to which he 
is assigned. 

The Department of Justice employs a staff 
of 29 attorneys who receive salaries ranging 
from $5000 to $2000; law clerks, a pardons 
attorney, a superintendent of prisons, and a 
large staff of examiners. There are also the 
usual offices for handling the administrative 
business within the department. 

Jurisdiction over United States Courts. — 
While the judiciary of the United States is in- 
dependent, and the judges are in no sense re- 
sponsible to the Attorney General; yet the dis- 
trict attorneys, clerks and marshals of the 
United States courts are under the jurisdiction 
of the Department of Justice, and a large por- 
tion of their duties relates to suits brought 
by the United States. The direction of the 



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272 



JUSTICE OF THE PEACE— JUVENILE REFORMATORIES 



action of district attorneys, however, must re- 
late to specific cases; it cannot be general in 
its nature, the object being to maintain the 
independence of the courts. 

See Attorney General; Cabinet of the 
President; Executive and Congress; Execu- 
tive Departments. 

References: J. A. Fairlie, National Adminis- 
tration of the U. S. (1905) ; H. B. Learned, 
The President's Cabinet (1911); M. L. Hins- 
dale, The Cabinet of the President (1911) ; 
Congressional Directory, year by year. 

Charles Moore. 

JUSTICE OF THE PEACE. English.— A ju- 
dicial officer vested with authority to prevent 
breaches of the peace, jurisdiction in minor 
cases and power to commit for trial for more 
serious offenses. The origin of the office in 
England is dated from 1326 when, by a stat- 
ute of Edward III (c. 16), certain persons 
in each county were "assigned to keep the 
peace." By a later statute (34 Edw. Ill, 
c. 1-1360) judicial powers were conferred; 
and from time to time their powers were 
extended not only as judicial officers but 
also as agencies of local administration, in the 
relief of the poor, the maintenance of high- 
ways, the imposition of parochial rates, and 
other local affairs. From the time of the 
Tudors the justices acted as the state's "man 
of all work" with a multifarious variety of 
powers and duties both judicial and adminis- 
trative. Single justices acted as committing 
magistrates. In petty sessions of two or more 
they tried minor criminal cases, granted tavern 
licenses and regulated wages. The quarter 
sessions of the justices in each county acted 
as a higher court of criminal jurisdiction and 
as an administrative board for the county. 
With the creation of elected county councils 
in England in 1888, most of their adminis- 
trative functions have been taken from the 
justices. Until recently justices of the peace 
in England were required to be property owners 
and were regularly chosen from the landed 
gentry, serving without compensation, and 
exercising a patriarchal or semifeudal author- 
ity in the rural districts. 

Colonial. — Justices of the peace were early 
introduced in the American colonies. They 
were appointed by the governors and at first 
were vested, as in England, with both judicial 
and administrative powers. During the colon- 



ial period their administrative functions were 
for the most part transferred to elective offi- 
cials. 

State. — In the first state constitutions short 
terms of appointment for justices and selec- 
tion by the legislature were introduced; and 
gradually popular election became the estab- 
lished method of selection. Property quali- 
fications have disappeared. At the same time 
the collective judicial powers of justices have 
been lost, while in minor matters the juris- 
diction of single justices has been extended 
to civil as well as criminal cases. 

In Massachusetts, Maine and Rhode 
Island, justices of the peace are still appointed 
by the governors; and in these states the ordi- 
nary justices are little more than committing 
magistrates and have no judicial power. In 
Maryland, North and South Carolina and 
Alabama justices are also appointed; but in 
other states they are elected for short terms 
by towns, townships or county precincts. In 
criminal cases justices of the peace usually 
have summary jurisdiction to try petty misde- 
meanors and to commit those accused of felon- 
ies or other serious crimes for trial before 
a higher court. Jurisdiction in civil cases 
was first granted in regard to actions in con- 
tract; but now usually applies also to certain 
cases of tort. It does not apply to cases where 
title to real estate is involved nor to proceed- 
ings in equity; and is limited to cases involv- 
ing not more than a fixed maximum, which 
varies from $100 to $300 in the several states. 
In Tennessee, however, their civil jurisdiction 
is more extensive, including some cases where 
as much as $1,000 is involved, and also some 
equity powers. 

Justices of the peace also retain some ad- 
ministrative powers in a number of states. 
In Kentucky, Tennessee and Arkansas they 
constitute the county court {see) which acts 
as the administrative board for county affairs. 
Generally in the southern states, the justices 
are the chief public officials in the rural dis- 
tricts. In New York, Michigan and Illinois 
they act as members of the town boards. 

References: C. A. Beard, Office of Justice of 
the Peace in England (1904) ; J. A. Fairlie, 
Local Government in Counties, Towns and 
Villages (1906). John A. Fairlie. 

JUVENILE REFORMATORIES. See Re- 
formatories, Juvenile. 



273 



KANSAS 



K 



KANSAS 



Early History. — The first white settlements 
in Kansas) grew up around trading posts, 
Indian missions of various denominations, 
and the federal forts. By 1853 there were, 
in all, some 1400 whites, who, in that year, 
elected a delegate to Congress, Rev. Thomas 
Johnson. He was refused admission because 
there was as yet no territorial organization 
though a bill for such organization was then 
before the House committee on territories. 
Before another year was out the whole Kan- 
sas-Nebraska question was the chief topic in 
American politics (see Kansas-Nebraska 
Bill). Between 1855 and 1858 three consti- 
tutions were drawn up in Kansas, at Topeka, 
Lecompton, and Leavenworth respectively and 
all failed of passage in Congress. The fourth 
constitution (the third free constitution) was 
adopted at Wyandotte (now Kansas City, 
Kansas) in July, 1859. It was consciously 
framed upon the Ohio model and was adopted 
by popular vote in October 1859. This consti- 
tution was finally accepted early in 1861, and 
on February 9, Governor Robinson and the 
officers elected under the constitution in the 
preceding December took charge of the civil 
government of Kansas. 

Constitution. — The constitution of 1861, with 
comparatively few amendments, has remained 
the fundamental law down to the present time. 
Under it the usual provisions for governmental 
machinery were made. But it was unique 
among American state constitutions in provid- 
ing that all bills were to originate in the 
lower house and the Senate had merely the 
opportunity of amendment or rejection. The 
suffrage was extended to white male citizens 
of the United States resident in the state six 
months, and to those of foreign birth who 
had declared intention. Corporations, banks, 
cities and villages were to be created under 
general law but a banking law required a 
referendum vote before going into effect. The 
homestead exemption provision was submitted 
to the people as a separate proposition and was 
carried easily. The more important amend- 
ments follow: 1864, bills to originate in either 
house; 1880, prohibition of the manufacture 
and sale of intoxicating liquors except for medi- 
cinal and scientific purposes; 1900, the su- 
preme court increased from three to seven 
members; 1904, the governor given power to 



veto items of appropriation bills subject to re- 
passage by two-thirds of legislature; 1912, 
women given the suffrage in state elections. 

Prohibition. — Of all constitutional provisions 
probably the one declaring for state Wide pro- 
hibition has most often been under fire. The 
law passed to enforce this provision was im- 
mediately attacked in the courts. In 1881 
Justice Brewer decided that the law was con- 
stitutional and that under it probate judges 
could issue licenses to druggists. He declared 
further that the legislature could restrict such 
sale of liquor if it saw fit. Subsequently it 
passed a law regulating such sale. Notwith- 
standing this legislation the liquor traffic con- 
tinued to thrive until the stringent statute of 
1909, and its conscientious enforcement put an 
end to much of the traffic. That law de- 
clared that no person should make or sell 
liquor for any purpose whatsoever. At times 
there has seemed to be considerable sentiment 
for the resubmission of the prohibition amend- 
ment, first by one political party and then by 
another. Thus, in 1890 original package [see) 
shops were opened and the law set at de- 
fiance. Soon came the establishment of the 
Republican Resubmission League which, re- 
ceiving no encouragement from the Republi- 
can governor, joined with the Democrats to 
nominate a state ticket. Ex-governor Robin- 
son headed this ticket and polled 71,357 votes 
out of 280,000 in the subsequent election. In 
1898 the Democratic platform demanded re- 
submission, and the Republican ticket re- 
ceived a substantial majority. 

Political Parties. — In politics Kansas has, 
during most of its history, been a strong Re- 
publican state. Down to 1883 the state ad- 
ministrations and Kansas members of Congress 
were uniformly Republican. In that year G. 
W. Glick (Democrat) defeated St. John (Re- 
publican) for reelection to the governorship 
The feeling against third term officers and 
St. John's stalwart stand for prohibition con- 
spired to give Glick the victory though the 
other Republican candidates were elected. In 
1885 the Republicans returned all their candi- 
dates and remained in complete control of the 
state until the Populist (see Populist Party) 
risings of 1890. Kansas, the center of the 
People's party movement, was willing to go 
all the way in testing the party and did so 



274 



KANSAS 



from 1890 to 1898, except for the two years 
1894-96 when the state swung back into Re- 
publican ranks. In 1890, though the Republi- 
cans captured all but one of the state offices, 
Kansas sent to Congress one Populist and four 
Fusion members besides electing a Populist 
legislature and consequently a Populist United 
States Senator. In 1892, the Populists again 
elected the entire state ticket, all the presi- 
dential electors, and six congressmen. Though 
defeated in the hard times' years, 1894, the 
Populist-Democratic fusion ticket was com- 
pletely successful in 1896; Bryan electors were 
chosen, and a Populist, W. A. Harris, was sent 
to the United States Senate by a legislature in 



attempts to further popular participation in 
the state government, the other devoted to 
the solution of economic questions. In 1907 
commission government laws (amended in 
1909) provided a method whereby cities of 
the first and second class might adopt the 
commission form {see). First class cities are 
entitled to non-partisan nominations, initia- 
tive {see) and referendum {see), the recall 
{see) and a merit system {see). No provision 
is made for the recall or the merit system in 
the second class cities, and second class cities 
under 10,000 population are not entitled to 
non-partisan nominations. Thirty-seven cities, 
including all of the larger cities of the state, 



W A 




Boundaries of the State of Kansas, Showing Territorial Changes 



which there were ninety Populists. In 1898 
Kansas again became Republican, and remained 
so until 1912. In the election of 1912 the state 
gave 10 electoral votes to the Democrats, chose 
a Democratic governor, and sent 5 Democratic 
congressmen to Washington. Kansas is even 
more zealous now than it has been in the past 
in advancing reform movements, and the ma- 
jority of the present political leaders are urg- 
ing a closer relation between government and 
people. 

Woman Suffrage. — As early as 1867 a con- 
stitutional amendment giving to women the 
right to vote was submitted to the people and 
defeated. In 1882 the Republican state con- 
vention asked for the submission of such an 
amendment but the legislature took no action. 
In 1887 the right to vote in all municipal and 
school district elections and on bond issues 
for school purposes was granted to women by 
state law. In 1895 another amendment giving 
women state-wide suffrage was submitted to 
popular vote and again it was defeated. In 
1911 an amendment giving women state suf- 
frage was referred by the legislature to the 
voters, and at the general election of 1912 the 
proposition carried. 

Recent Legislation. — Recent years have seen 
the passage of two groups of laws, one of which 



are operating under the commission form with 
most satisfactory results. In 1908 a primary 
election law was passed which, together with 
the amendment of 1909, gave the power of 
nominating state and local officers, and United 
States senators, to the people {see Primaries, 
Direct). The law does not apply to school 
district elections or to those in second class 
cities under 10,000. Party committeemen, also, 
are nominated in the regular primaries. The 
legislature of 1911 made further provision for 
nominating United States Senators {see) by the 
Oregon {see) method, but the clause in the 
original law making a majority of districts 
necessary to such nomination was retained. 
Among other laws which failed to pass in 1911 
was the resolution submitting an initiative 
and referendum amendment to the people for 
ratification. Both parties had pledged them- 
selves to such a law but failed to come to- 
gether on the proposition in the legislature. 
The legislature of 1913 also adjourned with- 
out agreeing on such a resolution. It will 
doubtless continue an issue in state politics 
until the people have opportunity to vote upon 
such an amendment. 

An example of the second group of laws 
mentioned is the Bank Guarantee Law of 
1909 which was declared constitutional by the 



275 



KANSAS-NEBRASKA BILL— KANSAS STRUGGLE 



federal Supreme Court in 1911 (Assaria State 
Bank vs. Dolley, 219 U. 8. 121). Under it any 
bank with a specified surplus may share in 
the guarantee fund by complying with the 
terms laid down. The legislature of 1911 made 
of the old Railroad Commission a Public Utili- 
ties Commission which is expected to regulate 
public utilities in general instead of confining 
itself to the transportation companies. This 
legislature also enacted the so-called "Blue 
Sky Law," the first legislation which attempts 
to guard investors against promoting schemes 
and hazardous stock enterprises. 

Population. — Kansas has grown steadily in 
population since its admission. Its largest 
increase came in the decade 1870-80, and was 
no doubt partially due to the large influx of 
negroes in 1879. This "Negro Exodus," as 
it is called, was the result of the advice to 
go west given to southern negroes by a negro 
convention held in Nashville, May 7, 1879; 
40,000 negroes, chiefly from Tennessee, Missis- 
sippi and Louisiana came to Kansas in that 
year. Many took farms under the Homestead 
Law. The numerical increase in population is 
as follows: 1860, 107,206; 1870,, 364,399; 1880, 
996,096; 1890, 1,427,096; 1900, 1,470,495; 1910, 
1,690,949. Twenty-nine and two-tenths per 
cent of the total population for 1910 lived in 
cities of 2,500 or more; and 45.7 per cent in 
incorporated territory. The rate of increase 
between 1800 and 1900 in cities of 2,500 or 
more was 39 per cent; the rate outside of such 
cities was but 7.3 per cent. 

See Commission System of City Govern- 
ment; Kansas-Nebraska Bill. 

References: L. W. Spring, Kansas (1885) ; 
D. W. Wilder, Annals of Kansas (1886); F. 
W. Blackmar, Charles Robinson (1902) ; R. M. 
Perdue, "Sources of the Constitution of Kan- 
sas" in Kansas Hist. Soc, Collections, VII 
(1902) ; F. G. Bates "Commission Government 
in Kansas" in Am. Pol. Sci. Assoc, Proceedings, 
1910; C. Becker, "Kansas" in Essays in Am. 
History by various authors and dedicated to 
F. J. Turner (1910). 

Clarence Addison Dykstra. 

KANSAS-NEBRASKA BILL. The Kansas- 
Nebraska Act, approved May 30, 1854, cre- 
ated two territorial governments in the 
region north of the 37th parallel, between 
Missouri and the Rocky Mountains. Although 
slavery had been excluded from this region 
under the Missouri Compromise, this Act de- 
clared that the Compromise of 1850 had es- 
tablished a new principle for the settlement of 
the question of slavery in future territories 
which "superseded" or was "inconsistent with" 
the earlier compromise. The latter was there- 
fore declared "inoperative and void." The "true 
intent" of the Act was to leave the people of 
these territories free to legalize or to prohibit 
slavery, in accordance with the principle of 
"popular sovereignty" (see). The omission to 



state at what time the people might properly 
decide this question immediately precipitated 
the "Kansas Struggle" (see). 

The appearance of this measure in 1854 
took the North by surprise, for there it had 
been generally understood that the "final settle- 
ment" of 1850 did not apply to territory 
covered by the Missouri Compromise. By ap- 
parently opening new areas to slavery the 
Act stirred up a prolonged renewal of the 
slavery agitation, characterized throughout the 
North by bitter denunciations of the Act and 
its sponsor, Senator Stephen A. Douglas (see). 
Historians differ widely in explaining the 
genesis of this Act and Douglas's motives in 
championing it. In national politics, the Act 
hastened the dissolution of the Whig party, 
the disruption of the Democratic party and 
the formation of the Republican party, and 
"set in motion the train of political changes 
which led straight to Civil War." 

See Compromise of 1850; Missouri Compro- 
mise; Non-Interference with Slavery; Sla- 
very Controversy. 

References: J. F. Rhodes, Hist, of the U. 8. 
from the Compromise of 1850 ( 1899 ) , I, ch. v ; 
H. E. von Hoist, Constitutional and Political 
Hist, of the U. 8. (1885), IV; P. O. Ray, The 
Repeal of the Missouri Compromise ( 1909 ) . 

P. Orman Ray. 

KANSAS STRUGGLE. The Kansas strug- 
gle, 1854-1858, was a contest between pro- 
slavery and anti-slavery settlers, the latter 
assisted by northern emigrant aid societies, 
to determine whether Kansas should enter the 
Union with or without slavery. Armed bands 
from Missouri, by invading the territory and 
illegally participating in elections, enabled the 
pro-slavery party to elect its delegate to 
Congress (November, 1854), and the first terri- 
torial legislature (March, 1855), which im- 
mediately enacted a drastic pro-slavery 
penal code. The anti-slavery party, denying 
the legality of this legislature, adopted the To- 
peka or "free-state" constitution, (December, 
1855), elected "state" officers and a legisla- 
ture (January, 1856), and memoralized Con- 
gress for admission as a free state (March, 
1856). These rival governments existed for 
over two years, the pro-slavery government 
being recognized by the federal administration. 
Repeated collisions between armed bands led 
to the appointment of a congressional com- 
mittee to investigate Kansas affairs (March, 
1856), and the interposition of federal troops. 

The Lecompton constitution (see Anti-Le- 
compton Democrats) establishing slavery 
as a permanent institution, was declared 
adopted (December 21, 1857) by the pro- 
slavery party which thereupon sought ad- 
mission as a slave state. Meanwhile, the 
"free-state" party, augmented by new arrivals, 
captured the territorial legislature (October 
5, 1857) and ordered the resubmission of the 



276 



KEARNEYISM— KENTUCKY 



entire Lecompton constitution. This resulted 
in its rejection (January 4, 1858), pro-slavery 
men not voting. This constitution was again, 
by order of Congress, resubmitted under the 
provisions of the English Bill, and again over- 
whelmingly rejected (August 2, 1858). Kan- 
sas now remained in the permanent control of 
the "free-state" party. 

See Kansas; Kansas-Nebraska Bill; Sla- 
very Controversy. 

References: Special committee appointed to 
investigate the troubles in Kansas, "Report" 
in House Reports, 34 Cong., 1 Sess., II, No. 
200 (1855) ; L. F. Spring, Kansas (1906) ; J. 
F. Rhodes, Hist, of the U. 8. from the Com- 
promise of 1850 (1899), II, 45-302; F. H. 
Hodder, "Some Aspects of the English Bill for 
the Admission of Kansas," in Am. Historical 
Assoc. Report, 1906, I, 199-210; bibliography 
in Channing, Hart and Turner, (hiide to Am. 
Hist. (1912), § 226. P. Orman Ray. 

KEARNEYISM. A term signifying the pol- 
icy of driving out Chinese laborers by violent 
measures if necessary; the policy of a "work- 
ing-man's" party in San Francisco during the 
Anti-Chinese agitation 1877-1880, led by Den- 
nis Kearney, who continually reiterated to the 
crowds assembled on the "sand lots" the 
edict, "The Chinese must go." See Cali- 
fornia; Chinese Immigration and Exclu- 
sion. O. C. H. 

KEEWATIN. Keewatin is an administra- 
tive district of the Dominion of Canada (see), 
comprising the territory lying northward of 
the provinces of Ontario and Manitoba and 
westward of Hudson Bay. It has an area of 
516,571 square miles, and a population of about 
10,000, chiefly Esquimaux and half-breeds. It 
was organized as a district by an act of the 
Canadian Parliament in 1876, but has never 
been given a separate administration. The 
lieutenant-governor of the province of Mani- 
toba is ex officio administrator of Keewatin. 
See Canadian Provinces. W. B. M. 

KELLY, JOHN. John Kelly (1821-1886) 
was born at New York City, April 21, 1821. 
He entered politics in 1854 as an alderman, and 
the same year was elected to Congress as a 
Democrat, retaining his seat until 1859, when 
he was elected sheriff of the city and county of 
New York. He became one of the leaders of 
Tammany Hall, and a bitter enemy of Tweed, 



and from 1865 to 1867 he was for a second 
time sheriff; the legitimate emoluments of the 
office during the two terms, were about $800,- 
000. From 1868 to 1871 he travelled abroad; 
and then reorganized Tammany Hall, aided 
Tilden and others in the overthrow of the 
Tweed Ring, and made himself the Democratic 
boss of the city. From 1876 to 1879 he was 
city comptroller, and for a time supported 
Tilden. In 1879, by running as an independ- 
ent candidate for governor, he brought about 
the election of Cornell, the Republican candi- 
date. He died at New York City, June 1, 1886. 
As a boss he relied for support upon citizens 
who were satisfied with a respectable public 
service at any cost, and who approved of any 
party machine that was not openly dishonest. 
See Boss and Boss System of Party Organ- 
ization. Reference: De A. S. Alexander, Pol. 
Hist, of New York, II, III (1906). 

W. MacD. 

KENT, JAMES. James Kent (1763-1847) 
was born at Fredericksburgh, N. Y., July 31, 
1763. In 1785 he was admitted to the bar, 
and began practice at Poughkeepsie.. He was 
a Federalist member of the legislature in 1790 
and 1792, but met defeat as a candidate for 
Congress in 1793. He had already attained 
eminence as a lawyer, and in 1793 removed 
to New York City, where for five years he was 
professor of law at Columbia. In 1796 he 
was appointed a master in chancery, at the 
same time representing New York City in the 
legislature; in 1797 he became recorder, and 
in 1798 a justice of the state supreme court. 
As a judge he devoted himself to the system- 
atic exposition and development of law, at 
a time when American jurisprudence was yet 
in its infancy, and established the custom of 
full written opinions in important cases. In 
1804 he became chief justice of the state su- 
preme court, and in 1814 chancellor, retaining 
the latter office until his statutory retirement 
for age in 1823. He was a member of the 
constitutional convention of 1822. He died at 
New York City, December 12, 1847. Of his 
numerous law books, the best known is his 
Commentaries on American Law (N. Y., 4 vols. 
1826-30; 14th ed. by J. M. Gould, Boston, 
4 vols. 1896). See Law, Constitutional, 
American. References: W. Kent, Memoirs 
and Letters of James Kent (1898) ; C. Z. Lin- 
coln, Constitutional Hist, of N. Y. (1906), I, 
II. W. MacD. 



KENTUCKY 



Early History.— The first attempt to estab- 
lish a government in the Kentucky region was 
made by Richard Henderson and a body of 
land speculators known as the Transylvania 
Company. Under their direction, Daniel 
Boone cut his famous "Wilderness road" and 



277 



built his fort at Boonesborough (April, 1775). 
In the interest of the propriety claims of the 
Transylvania Company which were menaced 
by popular discontent, a memorial was soon 
sent to the Continental Congress asking "that 
Transylvania be added to the number of the 



KENTUCKY 



United Colonies." The request was, however, 
rejected mainly through the efforts of Patrick 
Henry. The Kentucky settlers, under the 
leadership of George Rogers Clark, soon pre- 
vailed upon the Virginia Assembly to annul 
the claims of the Transylvania Company, and 
to establish the county of Kentucky which, 
on December 7, 1776, was reorganized as a 
political unit of the Virginia commonwealth 
with the right to be represented in the Vir- 
ginia assembly. The boundaries of Kentucky 
county were much the same as those of the 
present state. (See Transylvania). 



senators provided in the first constitution was 
soon found to be distasteful, and, in July, 1799, 
a convention assembled to revise the constitu- 
tion. The result of its work was a new con- 
stitution which provided for the election of the 
governor and lieutenant-governor and the sen- 
ate by the direct vote of the people. This con- 
stitution went into operation on June 1, 1800, 
and remained unchanged until May 7, 1850, 
when a third constitution was adopted. The 
chief change secured by the third constitution, 
proclaimed June 11, 1850, was the abolition of 
life tenure of judges, clerks of courts, etc. 




BOUNDAKIES OF THE STATE OF KENTUCKY 



Soon after the Revolution, the Kentucky 
people were deep in the discussion of a plan 
for separating from Virginia and securing the 
admission of Kentucky into the Union. A 
representative assembly met December 27, 
1784, and approved the plan, providing for a 
second convention to carry it into execution. 
Although Virginia readily gave her assent, it 
required eight additional conventions to com- 
plete the process; and Kentucky was not regu- 
larly admitted until June 1, 1792. The con- 
stitution, which was drafted by the last of 
these conventions (April 1792), was extreme- 
ly democratic in character, providing iew 
checks upon the popular will. It provided for 
manhood suffrage, then almost, if not wholly, 
unknown in political constitutions; but in 
strange contrast with this liberal suffrage, the 
choice of the state senate and the governor was 
not given to the voters directly, but through 
the medium of a college of electors. 

Resolutions of 1798 and 1799.— In 1798, 
Kentucky felt herself called upon to issue a 
protest against the Alien and Sedition Acts 
(see) recently enacted by the Federal Govern- 
ment. The result was "The Kentucky Resolu- 
tions of 1798 and 1799," the original source 
from which the milliners of later date claimed 
to have drawn their dangerous doctrine {see 
Virginia and Kentucky Resolutions). 

Second and Third Constitutions. — The indi- 
rect method of electing the governor and state 



278 



Present Constitution. — The present or fourth 
constitution of Kentucky was adopted in 1891. 
It provides for the three departments, legis- 
lative, executive, and judicial, each being ex- 
pressly "confined to a separate body of magis- 
tracy." The legislative branch consists of a 
senate whose members are elected for four 
years, and a house of representatives chosen 
for two years. Senators must have attained 
the age of thirty years; representatives, twen- 
ty-four. Senators must have resided within 
the state for six years next preceding their 
election; representatives two years. Senators 
must have resided for one year next preceding 
their election in the district from which they 
are chosen; and representatives one year "in 
the county, town, or city" which they repre- 
sent. The salaries of senators and representa- 
tives are fixed by law at five dollars for each 
day of actual legislative session, and fifteen 
cents a mile for necessary traveling expenses. 
These salaries may be changed by law, but no 
change may become effective during the session 
at which it is made. A legislative session may 
not continue for more than sixty days, Sun- 
days and legal holidays not being counted. 

The supreme executive power is vested in 
the "Governor of the Commonwealth of Ken- 
tucky," elected for four years by the qualified 
voters of the state, the highest number of votes 
being sufficient for election. He is ineligible 
for the four years immediately succeeding his 



KENTUCKY 



term of office. He must be at least thirty 
years of age, and must have been a citizen and 
a resident of Kentucky for at least six years 
next preceding his election. His compensa- 
tion is "to be fixed by law" and at present is 
$6,500 per annum. His appointing power is 
surprisingly small, most of the offices which 
are generally left to the governor's appoint- 
ment being filled by election. He has power to 
fill vacancies in all offices for the state at large, 
or for districts larger than a. county; but the 
treasurer, auditor of public accounts, register 
of the land office, commissioner of agriculture, 
labor and statistics, secretary of state, at- 
torney general, and superintendent of public 
instruction are elected by the qualified voters 
of the state at the same time the governor is 
elected, and for the same term of four years. 
Like the governor himself, they are ineligible 
for reelection for the four years succeeding 
the term for which they were elected. 

The judicial system of Kentucky is compara- 
tively simple. (1) A court of appeals com- 
posed of seven judges elected for eight years 
and having appellate jurisdiction only. The 
senior judge of this court is chief justice of 
the state. (2) Circuit courts composed of 
judges elected for six years. Criminal cases 
are "under the exclusive jurisdiction of some 
one branch" of this court. (3) Each county 
in the state has a "county court" consisting of 
one judge commissioned by the governor. (4) 
Each county is subdivided into districts in 
each of which one justice of the peace is elect- 
ed each fourth year. 

There is a quarterly court established in 
each county (presided over by the county 
judge ) , for the trial of civil cases involving 
sums not exceeding $200. A police court may 
be established in each city or town in the state, 
with jurisdiction in cases of violation of mu- 
nicipal ordinances, etc., and with such crimi- 
nal jurisdiction as justices of the peace enjoy. 
These courts further act as examining courts 
in felony cases. By a recent statute, each 
county court is also constituted a "juvenile 
court" with jurisdiction over neglected, depend- 
ent or delinquent children. The county judge 
presides over this court also. 

Suffrage. — The suffrage is granted by the 
constitution to every male citizen of the 
United States, of the age of twenty-one years, 
who has resided in the state one year, and in 
the county six months, and in the precinct 
in which he offers to vote sixty days, next pre- 
ceding the election, certain classes, such as 
insane, idiots, and criminals convicted of trea- 
son, felony, bribery, being excepted. 

Local Option. — "The constitution provides 
for local option elections on the liquor ques- 
tion in counties, cities, towns, and precincts." 
The most interesting features of Kentucky pol- 
itics during the last decade have grown out 
of the county unit as a means of resisting the 
political encroachment of liquor interests. 



279 



Political Affiliations. — In political affilia- 
tions Kentucky has generally followed the 
fortunes of the Democratic party. The first 
nine governors were members of Jefferson's 
Democratic-Republican party. The tenth 
(1828-1832) was a National Republican; her 
eleventh and twelfth were Democrats. All 
of her governors from 1836 to 1850 belonged to 
the Whig party of which the great Kentucky 
citizen, Henry Clay, was leader and founder. 
From 1850 to 1855 Kentucky was under Demo- 
cratic administration. In 1855 Charles S. 
Morehead, a member of the new American par- 
ty, was elected governor; but, since 1859, the 
governorship has been constantly in the hands 
of the Democrats with the exception of two 
terms— 1895-1899 and 1907-1909— when Re- 
publicans held the office. In December, 1899, 
William S. Taylor, a Republican, was inaugur- 
ated governor of Kentucky, but his election 
was contested by his Democratic rival, Wil- 
liam Goebel, who received the certificate of 
election. 

Goebel was shot while the contest was in 
progress, and his lieutenant-governor, J. C. W. 
Beckham, served as governor for the remainder 
of the term, as well as for the term which 
followed, the constitutional provision prohibit- 
ing a governor of Kentucky to succeed him- 
self having been construed to apply to two 
successive full terms and not to a full term 
succeeding part of a term. 

With the exception of the election of 1789 
when Kentucky was not a member of the Union 
and that of 1792 when there was no Democrat- 
ic party, Kentucky cast her electoral vote for 
Democratic candidates in every election until 
1824, when she sustained Clay, the Whig can- 
didate; but in 1828 she again sustained the 
Democratic ticket. In the elections from 1832 
to 1852 inclusive, her electoral votes were giv- 
en to Whig candidates; but in 1856 she re- 
turned to the Democratic fold. In 1860, Ken- 
tucky sustained the Constitutional Union tick- 
et in the vain hope of preventing Civil War; 
but since that contest her electoral votes have 
always been given to the Democratic candi- 
dates, with the single exception of the elec- 
tion of 1896 when twelve of the thirteen elec- 
toral votes of the state were given to the Re- 
publican candidate. 

Population. — The population of the state in 
1790 was 73,677; in 1820 it was 564,317; in 
1860, it was 1,155,684; in 1900, it was 2,147,- 
174; in 1910, it was 2,289,905. 

See Constitutions, State, Amendment of; 
Constitutions, State, Characteeistics of; 
State Governments, Characteristics of. 

References: J. Filson, Discovery, Settlement 
and Present State of Kentucky (1784) ; N. S. 
Shaler, Kentucky (1885); J. M. Brown, The 
Political Beginnings of Kentucky (1889) ; H. 
Marshall, The Hist, of Kentucky (1812, 
1824 ) ; M. Butler, History of Kentucky ( 2d 
ed., 1836 ) ; L. Collins, The Hist, of Kentucky 



KID-GLOVE POLITICS— KNAPP, MARTIN" AUGUSTINE 



(1882) ; bibliography in R. M. McElroy, Ken- 
tucky in the Nation's History (1909) ; F. N. 
Thorpe, Federal and State Constitutions 
(1909), III, 1263-1358. 

Robert McNutt McElroy. 

KID-GLOVE POLITICS. A term of derision 
applied by machine politicians to the methods 
of men of high rank with clean political prin- 
ciples and methods when they enter politics 
to overthrow the "practical" politicians. 

0. G. H. 

KINDERGARTEN. The introduction of the 
Froebellian kindergarten into America was due 
to Elizabeth Palmer Peabody, who, after study- 
ing the work in Germany, succeeded in estab- 
lishing several, by private means, in Boston 
about 1868. The kindergarten as a part of 
the public school system in the United States 
is to be credited to Dr. W. T. Harris who as 
superintendent of schools in St. Louis, in 1873, 
established the first kindergarten as an in- 
tegral part of the system. The experiment 
proved a success from the beginning. In the 
next year three more schools were added and 
the number has grown in St. Louis alone to 
considerably over one hundred. 

The example of St. Louis was followed in 
other cities; but in most of them the kinder- 
gartens were maintained for a time entirely 
by private means, as for instance in Boston 
where Mrs. Quincy A. Shaw supported the 
entire free kindergarten system for eleven years 
until 1889, when the city adopted it. 

In 1909, 536 cities in the United States, re- 
ported free public kindergartens with 173,911 
pupils. 

The attendance is voluntary. The teachers 
have special training and are a part of the 
regular teaching corps. 

See Education, Recent Tendencies in; 
Schools, Primary. 

References: S. E. Blow, "Kindergarten Educ." 
in N. M. Butler, Education in the U. 8. ( 1900 ) , 
I, ch., ii; E. G. Dexter, Hist, of Education in 
the U. 8. ( 1906 ) ; R. G. Boone, Education in 
the U. 8. (1889). George E. Fellows. 

KING CAN DO NO WRONG. A phrase, 
which according to Blackstone, indicates the 
absolute perfection attributed to the king in 
his political capacity. According to this fiction, 
for it was little else, whatever unlawful or 
unjust acts were done by the government were 
not imputable to the king, nor was he answer- 
able therefor. Conversely the king's preroga- 
tive "extends not to do any injury: it is cre- 
ated for the benefit of the people, and therefore 
cannot be exerted to their prejudice." Ref- 
erence: Wm. Blackstone, Commentaries (Coo- 
ley's ed., 1899), Bk. I, 246. H. M. B. 



KING CAUCUS. See Caucus, Legislative, 
for Nominations. 



KING, RUFUS. Rufus King (1755-1827) 
was born at Scarborough, Maine, March 24, 
1755. In 1780 he was admitted to the bar, and 
in 1783 was a member of the Massachusetts 
general court. From 1784 to 1786 he was a 
member of Congress, and in 1785 offered a res- 
olution to exclude slavery from the Northwest 
Territory. In 1787 he was one of the Massa- 
chusetts delegates to the Federal Convention, 
and subsequently, as a member of the Massa- 
chusetts convention, contributed much to the 
ratification of the Constitution. In 1788 he 
gave up the practice of law, and engaged in 
business in New York City. From 1789 to 
1796 he was a United States Senator from New 
York. He supported the Jay treaty, and, in 
connection with Hamilton, published a series 
of letters in defence of it, over the signature 
of Camillus. In 1796 he resigned his seat in 
the Senate to become minister to England, a 
post which he retained until 1803. He was 
the Federalist candidate for Vice-President in 
1804 and 1808, receiving on the first occasion 
14 electoral votes, and on the second 47. From 
1813 to 1825 he was again a member of the 
Senate. In 1816 the Federalists nominated 
him for President, and he received 34 electoral 
votes. He died at New York City, April 29, 
1827. See Great Britain, Diplomatic Rela- 
tions with. References: C. R. King, Life and 
Correspondence of Rufus King (1894-1900) ; 
De A. S. Alexander, Pol. Hist, of N. Y., I 
(1906). W. MacD. 

KING'S PROVINCE. In 1664-5 royal com- 
missioners came to Rhode Island to investigate 
conflicting land claims, especially in the Narra- 
gansett country claimed by Massachusetts and 
Connecticut. The commissioners named this 
territory "King's Province" and delegated ju- 
risdiction to the governor, deputy governor and 
assistants of Rhode Island. A commission was 
appointed in 1685 to govern Massachusetts, 
New Hampshire, Maine and King's Province, 
with Joseph Dudley as president. He visited 
the province, settled disputes, and established 
an efficient government. Soon after, the terri- 
tory was incorporated with that of Rhode Is- 
land {see). References: S. G. Arnold, Hist, of 
8tate of Rhode Island (1859), I; Mass. Hist. 
Soc, Collections, First Series (reprinted, 
1835), V, 246-248; Rhode Island Colonial Rec- 
ords (1857), II, 93-94; Connecticut Public 
Records (1895), II, 526-541. M. W. J. 

KITCHEN CABINET. The coterie of poli- 
ticians and personal friends from whom Presi- 
dent Jackson {see) sought advice on important 
public questions rather than from the members 
of the official cabinet. See Cabinet of the 
President. O. C. H. 

KNAPP, MARTIN AUGUSTINE. Martin 
A. Knapp (1843- ) was born at Spafford, 

N. Y., November 6, 1843. In 1869 he was ad- 



280 



KNIFING— KNOX, PHILANDER CHASE 



mitted to the bar, and from 1877 to 1883 was 
corporation counsel for Syracuse. In 1891 he 
was appointed a member of the Interstate Com- 
merce Commission, was reappointed in 1897 
and 1902, and was chairman from 1898. In 
1911, on the organization of the Commerce 
Court created by the act of June 18, 1910^ he 
was made the presiding judge, which office he 
held until the abolition of the court in 1913. 
See Inteestate Commerce Commission. Ref- 
erence: Interstate Commerce Commission, An- 
nual Reports, 1891-1910. W. MacD. 

KNIFING. A term applied to the underhand 
antagonism of a regular party man against 
the nominee of his party whom, for the sake 
of regularity, he ostensibly supports. The term 
appeared in the New York Nation as early as 
1888. O. C. H. 

KNIGHTS OF THE GOLDEN CIRCLE. 

This was a secret political and semi-military 
order during the Civil War. It was first organ- 
ized in 1854 by Dr. George L. Bickley of 
Cincinnati and was intended to engage in fili- 
bustering {see). At the outbreak of the Civil 
War, it became an advocate of the southern 
cause. It was especially strong in Missouri, 
Illinois, Indiana, and Ohio but lodges were re- 
ported in Michigan, Iowa, New Jersey, Mary- 
land, Pennsylvania, and California. Both sides 
estimated it approximately as follows: 40,000 
in Ohio, 120,000 in Indiana, 125,000 in Illinois, 
100,000 in Missouri, 20,000 in Michigan, be- 
sides numbers in other states. Probably the 
membership never totaled one-fourth of these 
estimates. Local disorder was often attributed 
to the lodges. Numerous grand jury investiga- 
tions influenced the leaders to dissolve the or- 
der in 1863. It was superseded by the "Order 
of American Knights," which, with a larger 
membership, gave more attention to military 
organization but was not more effective than 
the older order. In 1864 the society was given 
the name of the "Order of the Sons of Liberty" 
and Clement L. Vallandigham (see) became 
"grand commander." The only general move- 
ment which gave any promise of success was 
the so-called "Northwest Conspiracy of 1864" — 
an effort to establish a northwest confederacy 
to foster a revolution. Negotiations were car- 
ried on with Confederate agents in Canada; 
the plan, however, utterly failed. The leaders 
were arrested; six of them were sentenced to 
be hanged; seven to life imprisonment; others 
received shorter terms. The order was lacking 
in leadership; the majority of the members 
probably considered the lodges to be little more 
than Democratic clubs and had no intention of 
armed opposition. It was at no time a real 
menace. References: W. D. Foulke, Life of 
Oliver P. Morton (1899) ; House Executive 
Docs., 39 Cong., 2 Sess., No. 50 (1866-7), case 
of George St. Leger Grenfell ; B. Pitman, Ed., 
The Trials for Treason at Indianapolis, Disclos- 



ing the Plans for Establishing a Northwestern 
Confederacy (1865), the official record of the 
trials. M. F. 

KNOW-NOTHING PARTY. A name popu- 
larly applied to the American party (see). 
Secret societies based upon opposition to Ro- 
man Catholics and naturalized aliens as voters 
and office-holders appeared in New York soon 
after 1840. The most important of these so- 
cieties, the Order of the Star-Spangled Banner, 
was founded in 1850; but its existence did not 
become generally known until 1853. As the 
members, when interrogated, professed igno- 
rance of the purposes or organization of the 
society, they were dubbed "Know-Nothings. " 
The influence of the order was shown in mu- 
nicipal elections in New York and Philadelphia 
in 1854, in local outbreaks against Roman 
Catholics, and in the appearance of similar 
organizations in Massachusetts, Connecticut, 
New Jersey, Maryland, and Ohio. In June, 
1854, a general convention of the order, at- 
tended by delegates from thirteen states, met 
at New York City, organized as a grand coun- 
cil, and adopted a constitution and ritual. The 
break-up of the old political parties after the 
passage of the Kansas-Nebraska Act contrib- 
uted greatly to Know-Nothing success, and in 
the state elections of 1854 the party vote, es- 
pecially in Massachusetts, New York, and 
Pennsylvania, was of national significance. 
See American Party; A. P. A. Party. 
Reference: L. D. Scisco, Political Nativism in 
New York State (1901), chs. iii-vi. 

W. MacD. 

KNOX, PHILANDER CHASE. Philander C. 

Knox (1853- ) was born at Brownsville, 
Pa., May 6, 1853. In 1875 he was ad- 
mitted to the bar, and began practice at Pitts- 
burg. In 1876 he was appointed assistant 
United States district attorney for the western 
district of Pennsylvania. He resigned the of- 
fice in 1877 to engage in private practice, and 
became prominent as a corporation lawyer. In 
1901 he was appointed Attorney General of 
the United States, and held the office until 
June, 1904, when he was elected a United 
States Senator from Pennsylvania. In 1909 he 
became Secretary of State in the cabinet of 
President Taft which office he held till 1913. 
In 1910 he submitted to the great powers pro- 
posals for the extension of the jurisdiction of 
the international prize court at The Hague; 
but his proposed neutralization of railways 
in Manchuria, in the interest of peace between 
Russia and China, though approved by Ger- 
many, was rejected by Great Britain, France, 
Russia, and Japan. References: E. F. Bald- 
win, "President Taft's Cabinet" in Outlook, 
XCI (1909), 691-702; W. E. Clark, "How 
Knox became Secretarv of State" in World's 
Work, XVII (1909), 11433-11434. 

W. MacD. 



281 



KOSSUTH EPISODE— KU KLUX KLAN 



KOSSUTH EPISODE. Louis Kossuth, Hun- 
garian patriot, by his speech of March 3, 1848, 
roused the Magyars to political revolution in 
Hungary; Hungarian independence was pro- 
claimed April 14, and Kossuth was made dicta- 
tor. Russia sent troops at the request of 
Emperor Francis Joseph. The Magyars were 
subdued, and the leaders fled to Turkey, where, 
under agreement, they were detained one year. 
The people of the United States sympathized 
with Kossuth, and while desiring to avoid in- 
tervention in European affairs, the Government 
requested Turkey to make no further agree- 
ments, and offered a warship to bring Kossuth 
and his companions to the United States. 
With the consent of the Sultan they em- 
barked September 10, 1851, on a journey 
marked by revolutionary demonstrations at the 
ports of call in the Mediterranean, particularly 
at Marseilles. Not allowed to pass through 
France, Kossuth sailed from Gibraltar via 
England and arrived in New York, December 
4, 1851. He was later received by the Senate 
and House and shown distinguished considera- 
tion. Kossuth manifested marked dissatisfac- 
tion that the United States did not take ag- 
gressive action in behalf of the cause for which 
he labored, but sober second thought had con- 
vinced the authorities and people that their 
offer of hospitality to political refugees might 
lead to undesirable European complications. 
The attitude of the United States towards the 
Hungarian revolution was the subject of a pro- 
test by the Austrian charge (see Huelsemann 
Episode). See Austria-Hungary, Diplomatic 
Relations with; Intervention; Neutrality, 
Principles of. References: L. Kossuth, Mem- 
oirs of my Exile (1880) ; J. B. Moore, Digest 
of Int. Law (1906), VI, 905; J. D. Richard- 
son, Messages and Papers (1896), V, 119; J. 
F. Rhodes, Hist, of the U. 8. (1899), I, 205 
et seq. G. G. W. 

KOSZTA INCIDENT. Martin Koszta, a 
Hungarian, after the revolutionary movement 
of 1848-49 sought refuge in Turkey and subse- 
quently came to the United States. Here on 
July 31, 1852, he declared in regular manner 
his intention to become a citizen of the United 
States. After about two years residence in 
America he went to Smyrna, where the Amer- 
ican diplomatic representative granted him a 
tezkereh, a kind of safe-conduct. Later he was 
seized, by men suspected of being employed 
by the Austrian consulate, thrown overboard in 
the harbor and taken on board the Austrian 
war vessel Huszar. The American representa- 
tive demanded Koszta's release: when it was 
not granted, aid was requested from the Amer- 
ican sloop-of-war St. Louis whose commander 
threatened to use force to secure Koszta. To 
avoid conflict, Koszta was turned over to the 
French consul and later was allowed to return 
to the United States. Secretary Marcy stated 
that: "This right to protect persons having a 



domicile, though not native-born or natural- 
ized citizens, rests on the firm foundation of 
justice." 

In the case of Simon Tousig, an Austrian 
by birth, in 1854, Secretary Marcy stated that 
the United States protection would not be 
granted since "Tousig voluntarily returned to 
Austria and placed himself within the reach 
of her municipal laws." This differentiated 
Tousig's case from Koszta's, as Koszta was 
within Turkish jurisdiction when seized. A 
United States law of 1907 recognizes the prin- 
ciple of protection in allowing the Secretary 
of State at his discretion to issue passports 
limited to six months to persons who have 
declared their intention to become citizens of 
the United States. These are not good in the 
state of prior allegiance. 

See Austria-Hungary, Diplomatic Rela- 
tions with; Centralization; Declaration 
of Intention to be Naturalized; Protec- 
tion to American Citizens Abroad. 

References: J. B. Moore, Digest of Int. Law 
(1906), III, 820-854; W. E. Hall, Int. Law 
(1909), 238; J. F. Rhodes, Hist, of the U. S. 
I (1899), 416; House Exec. Docs., 33 Cong., 1 
Sess., II, No. 91 (1854). 

George G. Wilson. 

KU KLUX KLAN. The Ku Klux Klan was 
one of the secret revolutionary organizations 
of southern whites, whose objects were to 
oppose what the founders believed to be the 
chief objects of the congressional plan of re- 
construction. The name of this organization 
was also applied in popular usage to all of the 
secret political orders existing in the South 
from 1865 to 1877, some of which were known 
locally as the Pale Faces, the Knights of the 
White Camelia, the Invisible Empire, the Or- 
der of the White Rose, and the Constitutional 
Union Guards. For the origins of these bodies 
one must go back to the ante-bellum period 
when southern society, resting upon negro 
slavery, was organized on a semi-military ba- 
sis. The Ku Klux Klan (the name was a de- 
liberate corruption of the Greek word for 
circle) began in Tennessee as a young men's 
fun-making club, and its methods were found 
to be so well adapted to the work in hand — 
that of frightening the negroes into order and 
good behavior — that it very quickly became a 
body of regulators. Other orders began in a 
similar way and soon all were known under 
the general term — Ku Klux Klan. The move- 
ment started in 1865 and it began to disappear 
in 1866 as order was gradually restored, but 
the inauguration of the reconstruction legisla- 
tion in 1867-1868 resulted in the revival of 
the movement on a larger and more serious 
scale. The causes of this widespread Ku Klux 
Klan movement were many: the disorder re- 
sulting from the war; the desire to repress 
the negroes now strongly organized into the 
secret political organization called the Union 



282 



KU KLUX KLAN 



League; to make the negro work better; to 
keep him from voting; and to terrify or drive 
out the "carpet-baggers" (see) and "scala- 
wags" (see) who were held responsible for 
the bad government in the South. 

It was the novel methods used that gave 
to the secret orders their peculiar character 
and their effectiveness. At first they only 
frightened the negroes by playing upon their 
superstitions and for a year or two this was 
successful. Later the klansmen frequently re- 
sorted to whipping and sometimes to shooting 
or hanging. As a rule, however, the mere 
warning to the negroes by the disguised band 
was sufficient. 

As the reconstruction governments fell, the 
secret orders gradually ceased operations, and 
by 1874 they were confined to communities like 
Louisiana still under control of the reconstruc- 
tion government where they became an open 
insurrectionary body called the White League. 



The Ku Klux Klan and other orders, which 
were generally supported by public opinion in 
the South, were influential in restoring order 
after the Civil War, in preventing negro out- 
breaks during the transition period between 
slavery and freedom, in restraining the excess- 
es of the carpet-bag negro government and in 
shaping the revolutionary movement which fi- 
nally restored the southern communities to the 
control of the whites. Their lawless practices, 
however, resulted in a weakened respect for 
the law and its administration, the effects of 
which were felt in the South for a generation 
after the orders were disbanded. 

See Reconstruction. 

References: J. C. Lester and D. L. Wilson, 
Ku Klux Klan ( 1905 ) ; W. L. Fleming, Civil 
War and Reconstruction in Alabama (1905), 
Documentary History of Reconstruction 
( 1907 ) , II ; Don, Civil War and Reconstruction 
in Florida (1913). Walter F. Fleming. 



67 



283 



LABOR, ALIEN— LABOR AND WAGES, THEORY OF 



LABOR, ALIEN. Many states have laws 
limiting employment on public work by citi- 
zens. Such laws have been generally held to 
be a violation of the Fourteenth Amendment to 
the Federal Constitution. A New York law 
which prohibited the use of stone on public 
works, except that dressed within the state, 
was held unconstitutional as an interference 
with interstate commerce. The federal law 
prohibiting the importation of alien contract 
labor (see) has been upheld and enforced. See 
Alien ; Immigration ; Labor and Wages, The- 
ory of; Labor Contracts; Labor, Protection 
to; Pauper Labor. References: B. Brand- 
enburg, Imported Americans (1904) ; John 
Mitchell, "Protect the Workmen" in Immigra- 
tion Restriction League, Publication No. 53 
( 1909 ) ; H. L. Summer, Labor Problems ( 1905 ) , 
68-112; E. G. Balch, Our manic Fellow-Citi- 
zens (1910) ; J. R. Commons, Races and Im- 
migrants in America (1907), 135-159; J. W. 
Jenks and W. J. Lauck, Immigration Problem 
(1912), 182-196; P. F. Hall, Immigration 
(1906), 121-138; I. A. Hourwich, Econ. As- 
pects of Immigration (1911), Immigration and 
Labor (1912); F. J. Warne, The Immigrant 
Invasion (1913) ; U. S. Immigration Commis- 
sion, Reports; Commissioner General of Immi- 
gration, Annual Reports. C. F. G. 

LABOR AND WAGES, THEORY OF. Low 

Wages and Distribution of Laborers. — It is 
an old observation that when two men are 
looking for one job wages are low, but when 
two jobs are looking for one man wages are 
high. This observation, while correct beyond 
the possibility of question, does not explain 
why there are not always jobs enough to go 
around. Another observation which may 
throw some light upon this question is, that 
at the very time when in certain places or in 
certain kinds of work there are not jobs 
enough to go around, in other places and in 
other kinds of work there are not men enough 
of the right kind and quality to go around 
and fill the jobs. This is particularly true in 
the case of independent business men who are 
needed to start the new enterprises which 
would give employment to the men now out of 
employment. 

This means, of course, a bad distribution of 
men. At a given time and place the distribu- 
tion of men, or rather of talents and capacities, 
does not conform to the distribution of jobs, or 
of opportunities for work. This makes it in- 
evitable that those men who are of a kind to 



outnumber the jobs for which they are fitted 
shall be poorly paid, whereas those men who 
are not numerous enough for the jobs for which 
they are fitted shall be highly paid. The only 
cure for this situation is to redistribute the 
men, or, rather, talents among men; that is 
to say, to train more men to fill those occupa- 
tions for which men are scarce. That will 
leave fewer men to fill those occupations where 
men are over-abundant and, at the same time, 
it will create more jobs for them. If the num- 
ber of men who know how to start and run new 
productive enterprises could be doubled, there 
would be more such enterprises started. This 
would increase the demand for the lower grades 
of skill. 

Reason, Physical rather than Economic. — It 
is a physical rather than an economic fact that 
a man must be poorly paid, if there happen to 
be two men to fill every vacancy in the 
kind of work for which he is fitted. 
His actual physical productivity is very 
low when there are not enough for the other 
kinds of labor or the other factors of produc- 
tion to combine with him. This may be illus- 
trated by the case of gunpowder, which re- 
quires for its manufacture three ingredients: 
charcoal, sulphur, and saltpetre, in fairly 
definite proportions. If there should be more 
charcoal than will combine properly with the 
existing supply of saltpetre, then each unit of 
charcoal must command a low price (assuming 
that there are no other uses to which it can 
be put). Under these circumstances, an addi- 
tional unit of charcoal would add very little 
to the production of gunpowder; or the loss 
of a unit of charcoal would subtract very little 
from that production. On the other hand, 
under the same conditions, the addition of a 
unit of saltpetre would add considerably to the 
production of gunpowder, and the loss of a 
unit would subtract considerably from that 
production. Under these conditions, it would 
be inevitable that the manufacturers of gun- 
powder should offer good prices for saltpetre 
and low prices for charcoal. The difficulty is 
not with the law of value, but with the dis- 
tribution of ingredients. 

Similarly, if there are several kinds of labor 
required for the production of a given article, 
and there should happen to be more of one 
kind of labor than could be combined satisfac- 
torily with the existing supply of some other 
kind, the same result would follow. A few 
more laborers of the one kind would be like 
an addition to the supply of charcoal in the 



284 



LABOR BUREAUS 



above illustration. That is, they would add 
very little to the total product, or a few less 
would subtract very little; whereas a few more 
laborers, say managers, of the scarce kind 
would be like an addition to the supply of salt- 
petre. That is, they would add a great deal to, 
and a few less would subtract a great deal 
from, the product. It would be inevitable that 
the former should be poorly paid, and the latter 
well paid. Here, again, the difficulty is not 
with the law of value, but with the physical 
distribution of men. 

It would, of course, require a miracle to 
transform charcoal into saltpetre. Yet if such 
a miracle could be performed, it would tend 
to equalize the value of the two ingredients. 
It does not take a miracle to transform an 
unskilled worker whose class may be super- 
abundant into a skilled worker or a skilled 
manager whose class may be scarce. This 
could be done in a good many individual cases, 
by superior educational opportunities; and if 
it were done the situation would be relieved. 
There is no other relief which goes to the 
root of the matter. All others merely cover 
up symptoms rather than serve to eradicate 
causes. 

Labor and Capital. — Carry this principal a 
step farther. For efficient production, it is not 
only necessary that there should be several diff- 
erent kinds of contemporary labor combined in 
the same industry, but that there should be a 
combination of present and past labor — past 
labor accumulated in the form of tools, build- 
ings, and equipment. There must also be the 
proper proportion here, otherwise there is a 
bad distribution. If there is too much present 
labor to combine well with the existing accu- 
mulation of tools and equipment, then the for- 
mer will command a low price and the latter 
a high price. 

Furthermore, land is also necessary as one 
of the ingredients in every industrial enter- 
prise; and there must be a proper proportion 
not only between different kinds of contempo- 
rary labor, and between present labor and tools, 
but between labor and tools on the one hand, 
and land on the other. Otherwise, there is, 
again, a bad distribution of the factors of 
production, which leads necessarily to a bad 
distribution of incomes. To attempt to cure 
the bad distribution of incomes without re- 
lieving first the disproportion among the fac- 
tors of production is, again, to treat symptoms 
rather than causes. 

The law of supply and demand, which every- 
where governs value, is thus seen to be some- 
thing more than a mere formula. It rests upon 
a law of proportions among complementary 
goods and cooperating factors of production. 
The law of wages is governed by the physical 
laws which govern the values of all productive 
agents. 

See Cost, Economic; Price, Economic 
Theory of; Supply and Demand; Wages. 



References: T. N. Carver, The Distribution 
of Wealth (1904), chs. i, iv; F. W. Taussig, 
Principles of Economics (1911), ch. xliv; J. 
B. Clark, The Distribution of Wealth (1889) ; 
A. Marshall, Principles of Economics (6th ed., 
1910), V; P. H. Wicksteed, The Common 
Sense of Pol. Econ., Including a Study of the 
Human Basis of Economic Law (1910). 

T. N. Carver. 

LABOR BUREAUS. Establishment.— The 
need of accurate information as a basis for 
legislation regarding the relations of employers 
and employees has led many American states 
to establish bureaus of labor and labor statis- 
tics. The first bureau was established in 
Massachusetts in 1869, for the purpose of in- 
vestigating the conditions of the working class- 
es. Other states have followed, until in 1913 
there were 41 state and territorial bureaus be- 
sides the federal bureau, established in 1884. 
The French Government in 1891, established 
the first permanent labor bureau in any for- 
eign country; 16 other countries have followed. 
The American bureaus were created largely as 
a result of the efforts of organized labor, sup- 
plemented by those of business men whose in- 
terests demanded accurate information as to 
labor conditions, and by those interested in so- 
cial and economic questions. 

Functions. — The functions of a labor bureau 
include: (1) assistance in ameliorating such 
conditions of the working classes as demand 
immediate relief, by thorough investigations 
which shall result in a body of information 
complete enough to be a basis for the formation 
of intelligent public opinion, or of securing the 
enactment of the wisest provisions for relief; 
(2) keeping a record of the conditions of labor 
in the state; (3) informing the public of the 
results of investigations undertaken by other 
agencies and the sources of information on la- 
bor questions. 

The duties of some American bureaus are 
extended to cover other departments of state 
activity in relation to labor such as: the ad- 
ministration of labor laws; the prevention and 
settlement of labor disputes; administration 
of free public employment offices; administra- 
tion of workmen's compensation laws; and in 
general, all matters affecting the relations be- 
tween employers and employees. The tendency 
of American legislation, with respect to labor 
bureaus, appears to be towards the establish- 
ment of separate bureaus for the consideration 
of specific phases of state activity in labor re- 
lations, and provision for governmental ma- 
chinery which shall bring these bureaus into 
cooperation and also avoid duplication of ef- 
fort. 

In many states these bureaus are the gen- 
eral statistical offices of the state and as such 
are unable to devote their entire time and 
efforts to the investigation and study of the 
conditions of employment. 



285 



LABOR, CHILD— LABOR, DEPARTMENT OF 



Administration. — The heads of such bureaus, 
generally known as commissioners, are usually 
appointed by the governor, although in six 
states they are elected by popular vote. The 
terms of office vary from two to four years. 
The retention in office of men with the greatest 
possible degree of experience in this work is 
essential to the best results. To properly and 
successfully prosecute the work of collecting 
statistics of labor, requires experience, admin- 
istrative ability, and a wide knowledge of the 
social and economic condition of the working 
classes of a particular state on the part of the 
commissioner, a trained staff of assist- 
ants, and ample means to gather and com- 
pile the data. Men trained in practical statis- 
tical methods and economic work have not al- 
ways been appointed to take charge of these 
offices, the appointing powers often holding 
the position as a reward for political assist- 
ance. In nearly all of the states there is a 
noticeable lack of adequate financial means 
to carry on extensive statistical inquiries. Sta- 
tistical information may be obtained by corre- 
spondence, or by personal investigation by spe- 
cial agents. The first method is the one in 
most common use, owing to the small expense 
of collecting information in that manner; but 
the negligence or unwillingness of those to 
whom inquiries are sent, even when they are 
fully understood, produces more or less in- 
complete results. Many bureaus have conduct- 
ed investigations of material assistance to the 
legislatures and the people in considering and 
enacting proper laws for the protection of la- 
bor interests; but on the whole, they do not 
afford such direct assistance in legislation as 
is needed. 

See Labor Organizations. 

References: Am. Labor Legislation Rev., 
1911, I, No. 2, 123-134, No. 3, 59-68, No. 4, 
61-104; L. D. Clark, Law of the Employment 
of Labor (1911), 211, 212;' Am. Year Book, 
1910, 444, 448, ibid, 1911, 198, ibid, 1912, 155. 

C. F. Gettemy. 

LABOR, CHILD. See Child Labor. 

LABOR CONTRACTS. The right to compel 
the labor of another person, even when not in- 
volving chastisement, confinement or violent 
punishment, is so akin to slavery that it is 
nearly obsolete in modern countries. In Eng- 
land it was so early discredited that it is diffi- 
cult to say how old is the principle of the com- 
mon law against involuntary servitude, or the 
construction by the judiciary of the ordinary 
labor contract. Leaving out the cases of ap- 
prentices, soldiers and sailors, exceptions as 
old as the rule, the principle was well estab- 
lished by the time of the Statutes of Laborers, 
(1349 to 1379) when the last effort was made 
to enforce labor by statute. As to agricultural 
labor, we find, in 1377, the last statute con- 
cerning villeinage; in 1388 Wat Tyler led a 



rising for agricultural free labor; and the last 
mention of villeinage in the Statutes of the 
Realm appears in 1574. Even the court of 
chancery had to respect the common law in this 
particular and would not enforce labor con- 
tracts by specific performance, nor enjoin the 
servant from leaving the master's service; al- 
though if under contract he may be enjoined 
from working for any one else, at least in 
special cases where pecuniary damages would 
not be adequate, as, for example, the engage- 
ment of a star actor, or when the employee 
under .contract has knowledge of the trade se- 
crets of his employer. Thus Mary Clark en- 
tered into an indenture in 1816, whereby she 
agreed to serve as housemaid for twenty years ; 
in 1821 her attorney brought a writ of habeas 
corpus and the court found that she was in a 
state of involuntary servitude, despite the con- 
tract, and she was accordingly discharged from 
the master's custody. The matter of the per- 
formance of the labor contract by associations 
or large bodies of men is treated elsewhere 
(see Injunctions in Labor Disputes). Sail- 
ors and mariners have been always, and may 
be still, compelled to a performance of their 
contract of employment for its term, if reason- 
able, or for the voyage for which they have 
shipped; but the obligation may not be indefi- 
nite so as to carry them anywhere in the world, 
or of indefinite duration, as to serve until the 
ship return from foreign parts. Soldiers are 
held guilty of a crime if they refuse duty or 
evade the service required of them by the state, 
or which they have voluntarily contracted to 
give. Ordinarily, however, the employee who 
ceases to work or refuses to carry out his con- 
tract is liable only for civil damages (see 
Strikes). Attempts to hold laborers, both 
white and colored, by declaring breach of con- 
tract to be a crime punishable by fine or im- 
prisonment and then turning the laborer back 
to his master, have been held by the Supreme 
Court of the United States to be contrary to 
the federal statute against peonage, passed 
under the Thirteenth Amendment. 

See Contracting Out of Labor Laws; La- 
bor, Protection to; Peonage; Slavery. 

References: Lumley vs. Wagner, 1 De G. W. 
T. 504; May Clark case, 1 Blackford, Ind. 122. 
Frederic J. Stimson. 

LABOR, DEPARTMENT OF. Organization. 
The Department of Labor was established by 
act of Congress approved March 4, 1913, "to 
foster, promote, and develop the welfare of 
the wage earners of the United States, to im- 
prove their working conditions, and to advance 
their opportunities for profitable employment." 
Three bureaus formerly incorporated in the 
Department of Commerce and Labor (see), the 
Bureaus of Labor, Immigration and Naturaliz- 
ation, and the Children's Bureau, were trans- 
ferred to the new Department. The act made 
no modification in their functions, but made 



286 



LABOR, DEPARTMENT OF 







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287 



LABOR DISPUTES, INJUNCTIONS IN— LABOR, FREEDOM OF 



a number of alterations in the titles of the 
bureaus and their heads. The name of the Bu- 
reau of Labor was changed to Bureau of Labor 
Statistics, and the designation of the Commis- 
sioner of Labor was similarly altered. The 
Division of Naturalization in the Bureau of 
Immigration and Naturalization was made a 
separate bureau, and the titles of Chief and 
Assistant Chief of the Division of Naturaliza- 
tion were changed to Commissioner and Deputy 
Commissioner of Naturalization. The Depart- 
ment of Labor, therefore, is made up of four 
bureaus. At its head is a secretary, who ranks 
last among the members of the President's 
Cabinet. There is also an Assistant Secretary. 

Bureau of Labor Statistics. — The Commis- 
sioner of Labor Statistics investigates the 
causes and facts relating to such controversies 
and disputes between employers and employees 
as may interfere with the welfare of the 
people of the several states. He publishes, bi- 
monthly, a bulletin showing the condition of 
labor in this country and in foreign lands; he 
reports statistical details relating to Hawaiian 
labor, especially in respect to industrial, so- 
cial, educational, and sanitary matters; and 
he supervises the payment of compensation to 
certain employees of the Government for in- 
juries sustained while at work (see under 
Labor). This bureau has been an important 
influence in connection with the investigation 
of sanitary conditions in meat-packing estab- 
lishment (see Meat Inspection) and in mines 
(see Mines and Mining). 

Bureau of Immigration. — The Commissioner 
General of Immigration (see Immigration), 
through local officials of the bureau, executes 
the laws relative to immigration and the ex- 
clusion of Chinese. The Chief of the Division 
of Information distributes to arriving aliens 
intelligence regarding desirable places of set- 
tlement. 

Bureau of Naturalization. — The Commission- 
er of Naturalization ( see Naturalization ) su- 
pervises the work of the clerks of the 3,500 
United States courts in matters relating to 
naturalization, and annually receives, for fil- 
ing, about 400,000 naturalization papers. 

Children's Bureau.— The Chief of the Chil- 
dren's Bureau is charged with the investigation 
of all matters pertaining to the welfare of 
children and child life, especially the questions 
of infant mortality, the birth rate, orphanage, 
juvenile courts, desertion, dangerous occupa- 
tions, accidents, diseases of children, employ- 
ment, and legislation affecting children in the 
several states and territories; and with the 
publication of the results of these investiga- 
tions. 

See Commerce and Labor, Department of; 
bureaus by name. 

References: Secretary of Commerce and 
Labor, Annual Reports (1903-1912) ; Secretary 
of Labor, Annual Reports. 

Francis G. Wickware. 



LABOR DISPUTES, INJUNCTION IN. 

Injunctions in Labor Disputes. 



See 



LABOR, DIVISION OF. 

Labor. 



See Division of 



288 



LABOR, FREEDOM OF. Constitutional 
Principles. — The liberty guaranteed from in- 
fringement save under due process of law (see 
Fourteenth Amendment; Liberty, Legal 
Significance of) involves the right to labor 
for compensation, just as the guaranty of prop- 
erty rights involves the right to contract with 
reference to labor (see Contract, Freedom of). 
But under their general police power the states 
have authority to regulate employments which 
affect the public health and also those involv- 
ing the health and safety of the persons en- 
gaged in them. The question whether such 
legislation unreasonably and therefore unduly 
interferes with the right to labor is one de- 
pending for solution on various considerations 
of public policy not easily enumerated. The 
reasonableness of the classification of employ- 
ments may be considered by the courts; on the 
other hand the legislature is necessarily vested 
with a large discretion to determine, not only 
what the interests of the public require, but 
what measures are necessary to protect such 
interests. The legislature may not, however, 
under the guise of protecting the public in- 
terest, arbitrarily interfere with private busi- 
ness or impose unusually and unnecessary re- 
strictions upon lawful occupations. 

Regulation of Professions and Callings. — 
Some callings are regarded as public in their 
nature to such extent that the duties and lia- 
bilities of those engaged in them may be regu- 
lated by law regardless of contract (see Com- 
merce, Governmental Control of; Prices 
and Charges, Regulation of) ; and such reg- 
ulations necessarily restrict, to some extent, 
freedom of labor as well as freedom of contract. 
Other callings, such as those of physicians, 
pharmacists, dentists, plumbers, etc., involve 
in their exercise considerations of public health, 
and the state may impose restrictions as to the 
qualifications of the persons engaging in them 
without violating the guarantees as to liberty. 
The right to practice law may be regulated on 
the grounds that the courts exercise a govern- 
mental function. Beyond these special reasons 
for securing competency in particular callings 
it is doubtful whether the state can prescribe 
special qualifications and fitness in particular 
fields of labor. 

Hours of Labor. — In a considerable number 
of states statutes have been passed, prescribing 
the maximum number of hours out of the twen- 
ty-four during which employees may be allowed 
to labor in specified callings which are peculiar- 
ly confining or unwholesome and therefore like- 
ly to affect the health of those employed. The 
constitutionality of these statutes has been fre- 
quently attacked, but they have been usually 



LABOR, HOURS OF 



upheld where the classification of employments 
as peculiarly dangerous or unwholesome is rea- 
sonable ( see Equality Before the Law ) . 
Such regulations have been sustained as to 
workers in mines, mills and bakeries. The list 
of occupations in this class or others which 
must necessarily be carried on under con- 
ditions such as reasonably to necessitate some 
restriction on the length of time of continuous 
employment in the interest of the health of 
the workman, could, no doubt, be considerably 
enlarged. The merely social or economic ad- 
vantage of a restriction to an eight hour or 
ten hour day of continuous labor for the labor- 
er, however, has not been deemed sufficient jus- 
tification for an interference with his liberty 
to seek employment under such arrangements 
as he may see fit to make. 

Special Legislation as to Women and Chil- 
dren. — The argument for general restriction of 
hours of continuous employment of women and 
children is more cogent in view of their physi- 
cal disabilities, and restrictions of hours of 
labor and the nature of employments in which 
women may engage have been sustained which 
would probably not have been sustained if 
made equally applicable to men. There is con- 
siderable legislation as to the hours and meth- 
ods of employment of children which has gen- 
erally been sustained as reasonable. 

Labor on Municipal Works. — On different 
grounds from any of those above referred to, 
legislation has regulated the hours of em- 
ployment of laborers in public service, 
the basis for such legislation being the 
necessary and essential power of the legislature 
to regulate the public business. Thus it may 
be required that contractors on public works 
shall not employ their laborers beyond a speci- 
fied number of consecutive hours except in 
cases of emergency. 

Objectionable Employments. — An occupation 
which is against public policy may be alto- 
gether prohibited; and one which is peculiarly 
liable to abuse may be subjected to strict reg- 
ulations. Thus, the businesses of gambling or 
carrying on a gambling place, that of prostitu- 
tion or conducting a house of prostitution, and 
that of selling lottery tickets, are usually pro- 
hibited; while the business of manufacturing 
or selling intoxicating liquors is in some states 
entirely prohibited, in others, is subject 
to very stringent regulations. 

Federal Regulations. — As the Federal Gov- 
ernment can exercise the police power only so 
far as it is incident to powers expressly . con- 
ferred, it can not enact general regulations of 
labor applicable to the entire country, save 
within the scope of those employments over 
which it has been given express or implied 
control. But it may and does regulate employ- 
ment in interstate commerce and on the public 
works of the United States. To what extent it 
may by exercising the authority to exclude ar- 
ticles from interstate commerce practically con- 



trol the employment of child labor in mills 
and factories remains an open question. 

See Child Labor; Contract, Freedom of; 
Police Power ; and under Labor. 

References: E. Freund, Police Power 
(1904), ch. xiii; H. C. Black, American Con- 
stitutional Law (3d ed., 1910), 415-422; Mul- 
ler vs. Oregon (1908), 208 V. 8. 412; Lochner 
vs. New York (1905) 198 U. 8. 45. 

Emlin MoClain. 

LABOR, HOURS OF. The regulation of 
hours of labor by statute in the American 
states is generally limited to establishing the 
number of hours constituting a day's work; 
to limiting the working hours in certain em- 
ployments, such as mines, tunnels, railroads, 
street railways, drug stores, bakeries ; in public 
employments; and on public work; and the 
absolute restriction of the hours of labor of 
women and children. Federal laws, have also 
been enacted regulating the working hours of 
employees engaged in interstate commerce. 

Women and Children. — The constitutional- 
ity of laws regulating the hours of labor of 
children has never been questioned, since it is 
acknowledged that the state is charged with 
the duty of protecting those who are unable 
to protect themselves. Eight hours is the max- 
imum day's work in some states, although a 
more common limit is 9 or 10 hours, reach- 
ing as high as 11 in North Carolina. The mat- 
ter of night work of women as well as of 
children may also be regulated, the range pro- 
hibited varying from 6 p. m. to 7 a. m., to 
less favorable limits such as from 10 p. m. 
to 6 a. m. The limitation of the hours of labor 
of women has been held unconstitutional in a 
few instances on the ground of interference 
with the right of contract. In most courts, 
including the United States Supreme Court, 
however, laws restricting the number of daily 
working hours for women have been upheld as 
being within the police power of the state, 
as health regulations and as necessary for the 
welfare of the race. The minimum wage law 
enacted in Oregon in 1913 makes provision for 
the limitation of hours of labor of women 
and minors as well as for the establishment 
of a minimum wage by a state department, 
the Minimum Wage Commission. 

Working Day. — No serious question has ever 
been raised as to the constitutionality of laws 
passed by many states fixing the length of the 
legal working day, in the absence of special 
contract between employer and employee. The 
federal and state laws limiting the hours of 
laborers and mechanics employed by the gov- 
ernment or by private contractors doing pub- 
lic work, usually to eight a day, are now con- 
sidered constitutional in view of the decision 
of the United States Supreme Court in the 
case of Atkin vs. Kansas (191 17. 8. 207), in 
which it was held that the state has a right to 
prescribe the conditions under which its own 



289 



LABOK LAWS, CONTRACTING OUT OF— LABOK ORGANIZATIONS 



work shall be performed. The limitation of 
the hours of railroad employees, usually to 10 
a day, and provisions for periods of continuous 
intermediate rest, usually of 8 hours, con- 
stitute a valid exercise of the police power and 
hence are justifiable even though interfering 
with the freedom of contract. Such laws are 
not only of benefit to the employees but are 
conducive to the public safety. The statutory 
regulation of hours of street railway employees 
is valid, since public corporations are created 
by and are therefore subject to legislative con- 
trol; and further because such laws regulate 
the use of a public franchise and provide for 
the safety of the public by protecting the em- 
ployees from excessive strain. 

Health and Safety. — The question as to 
whether the state can regulate the hours of 
labor in private industries for the purpose of 
protecting the health and safety of adult work- 
ers in these occupations has not been definitely 
established. The constitutionality of such leg- 
islation has been attacked upon the grounds of 
class legislation and denial of freedom of con- 
tract. The New York supreme court by a ma- 
jority of one, upheld a state statute limiting 
the hours of labor in bakeries to 10 a day and 
60 a week; while the Supreme Court of the 
United States by a like majority in Lochner vs. 
New York (198 U. S. 45) declared the law a 
violation of the Federal Constitution as inter- 
fering with the freedom of contract (Art. I, 
Sec. x, If 1 ) . These two decisions are interest- 
ing in that they illustrate the difference of view 
between the courts and the members composing 
them as to what is and what is not a proper 
exercise of the police power in behalf of the 
public welfare. In contrast with these de- 
cisions of 1904-5 is that of State vs. J. J. 
Newman Lumber Co. (50 So. Rep. 923), de- 
cided in December, 1912, by the Supreme Court 



of Mississippi, in which the court upheld a 
state law limiting the hours of labor of men. 

The Future. — The reduction in hours of la- 
bor will doubtless continue as a thing desira- 
ble in itself, not only through efforts of organ- 
ized labor and sympathetic reformers, but by 
economic pressure. Mechanical invention is 
constantly increasing the speed of working, 
which involves more constant and concentrated 
attention and makes greater demands upon the 
brain; and as the demands increase, the time 
during which they can be fully satisfied with- 
out exhaustion, diminishes. When there is no 
change of intensity, however, as in ordinary 
unskilled labor, reduced time may mean di- 
minished efficiency. 

See Child Labor; Wages; Wages, Regula- 
tion or; and under Labor. 

References: U. S. Industrial Commission, 
Report, XIX (1901), 763-793; G. L. Bolen, 
Getting a Living (1903), 401-445; McVey, in 
Am. Journal of Sociology, VIII (1903), 521- 
530; L. Clark, Law of the Employment of La- 
bor (1911), 73-79, 101-104; L. D. Brandeis, 
Briefs in Cases relating to Ten-hour Laws for 
Women in Oregon and Illinois (1908 and 
1910) ; E. B. Butler in Women and the Trades 
(1909) ; E. Freund, Constitutional Aspects of 
the Ten-hour Law ( 1909 ) ; G. G. Groat, in 
Attitude of the Am. Courts in Labor Cases 
(1911) ; A. Shadwell, Industrial Efficiency 
(1906), II, 80-113; J. Goldmark, Fatigue and 
Efficiency (1912); U. S. Library of Cong., 
List of Books with References Relating to the 
Eight-hour Working Day and to Limitation of 
Hours in General ( 1908 ) ; Am. Year Book, 
1910, 432, and year by year. 

Charles F. Gettemy. 

LABOR LAWS, CONTRACTING OUT OF. 

See Contracting out of Labor Laws. 



LABOR ORGANIZATIONS 



Origin and History. — Labor organizations ex- 
ist to promote the distinctive class of inter- 
ests of the wage-earner. Before the nineteenth 
century there was no distinct wage-earning 
class. In many industries it did not emerge 
until the century was well advanced. 

As soon as a wage-earning class arose, spe- 
cial organizations were formed to promote its 
peculiar interests. Earliest were organized 
local trade societies composed of the workmen 
of a given craft in a single city. These were 
the prototypes of the modern local trade 
unions. The first of these appeared about the 
end of the eighteenth century. In 1827, at 
Philadelphia, was effected a federation — the 
first on record — upon the representative prin- 
ciple. All the trade societies existing in that 
city were combined in a central "trades union. 



290 



later known as the "trades assembly." Until 
the last few decades the "trades assemblies" 
far over-shadowed in importance the national 
trade unions, which are composed of all the 
local unions of a given craft scattered through- 
out the country. Today such local federations 
are most commonly referred to as "city cen- 
trals," but they play a much less important 
role in the labor movement than formerly. 

National Trade Unions. — The first of the 
national trade unions was organized as early 
as 1836; but the earliest still existent is the 
typographical union, which was organized in 
1850. Less than a dozen of the national trade 
unions now existing, approximately 300, were 
formed before 1860. 

The pioneer federation of all labor organiza- 
tions existing throughout the country was the 



LABOR ORGANIZATIONS 



short-lived National Trades' Union of 1834- 
1837. The second great national labor organ- 
ization was the National Labor Union of 1866- 
1872. In 1868 it claimed 600,000 members. 
The next national organization of equal im- 
portance was the Order of the Knights of 
Labor, formed in 1869 and at its height in the 
eighties, when its membership reached 700,000. 

The great national labor organization of 
today is the American Federation of Labor, 
whose unpretentious beginning dates back to 
1881. Sept. 30, 1912, the membership of its 
affiliated unions was 1,841,268. The number 
of organized workmen not affiliated is less than 
500,000. In all of the previous great national 
labor organizations the control rested with the 
constituent city centrals and local unions; in 
the American Federation of Labor the national 
trade unions have always been predominant. 
It has, consequently, been less highly central- 
ized, and has made it a principle to regard the 
complete autonomy of each national union in 
determining all matters relating to its craft. 

Policies of the Early Labor Organizations. — 
The policies of all of the early labor organiza- 
tions were extremely fluctuating. * Most of 
them grew out of strike movements in times 
of rising prices, when strikes usually succeed. 
As for preserving the fruits of victories won 
in strikes, the early labor organizations found 
themselves helpless. This difficulty was in- 
creased after the tide of prosperity had turned, 
and a period of falling prices set in. The or- 
ganizations then invariably took up some pan- 
acea designed completely to supplant the wage 
system. The most popular suggestion was co- 
operation, for through cooperative production 
the wage-earners expected to. become their 
own employers. Few of the cooperative ven- 
tures thus promoted were successful, and fre- 
quently the financially successful cooperative 
concern became the worst of wage-cutters. 
The greatest difficulty with the attempt of 
wage-earners to become their own employers 
was their lack of capital, and it is one reason 
why organized labor so enthusiastically took 
up the greenback movement (see) during the 
later sixties. 

Another panacea espoused by some of the 
early labor organizations was that of "land 
reform." During the forties they did much 
to create public sentiment for homestead legis- 
lation. In the eighties the single tax program 
of Henry George found many adherents among 
the organized wage-earners. Socialism, on the 
other hand, at that time, made but slow prog- 
ress among American workmen. Only in times 
of depression did the Socialists make any con- 
verts from the ranks of the labor organizations. 

Early Difficulties. — To carry out their plans 
of reform, the early labor organizations, as has 
been the practice of their successors, invariably 
went into politics. During times when strikes 
are successful, politics are only incidental; but 
when strikes fail, politics become all important. 



The wage-earner's control of the government is 
felt to be the only way of giving a start to the 
reform principles. The conversion of labor 
organizations into political clubs, however, 
always led to their disruption within a short 
time. Not until the beginning of the next per- 
iod of prosperity, after 1886, did new labor 
organizations appear, and they in their turn 
went through the same cycle as their predeces- 
sors. 

It is just beginning to be understood why 
the early labor organizations were so short- 
lived and so unstable in their policies. A fund- 
amental obstacle was the fact that the manu- 
facturer did not control the market; he sold 
his products to the wholesale jobber, and 
could not, therefore, readily shift upon the 
consumer the w T age increases which labor or- 
ganizations had secured from him. Hence 
there was no possibility of the maintenance 
of lasting peace through trade agreements be- 
tween the labor organization and employers. 

It was, therefore, the jobber, not the manu- 
facturer, against whom the early labor or- 
ganizations had to struggle, and relief from 
that oppression could be won only through 
panaceas supported by influence in politics. 
Again, the jobber oppressed not only the wage- 
earners but the farmers and the small employ- 
ers. Hence the early labor organizations were 
prone to cooperate with the farmers and with 
general "reform" movements. Their point of 
view was rather that of men expecting to be- 
come small employers than that of wage-earn- 
ers. 

Aims of the Present-day Organizations. — 
The American Federation of Labor has never 
espoused the policy of panaceas, and has regu- 
larly treated politics as of incidental import- 
ance. In the early nineties the Populists cap- 
tured the Knights of Labor, but they were 
rebuffed by the American Federation of Labor. 
In the decade after 1900 the Socialists made 
many converts among the trade-unionists; but 
up to 1913 constituted only a minority of the 
members of the Federation. 

The explanation for this fundamental differ- 
ence in the policies of the American Federa- 
tion of Labor and those of the organizations 
which preceded it lies in the changes which 
have taken place in industrial conditions. The 
wholesale jobber has in most industries lost 
control of the market to the manufacturer ; and 
it is now comparatively easy for employers to 
shift wage increases upon the consumers. In 
consequence, direct trade agreements between 
employers and labor unions became possible, 
and have become general since the depression 
of 1893-97. To-day, they are the raison d'etre 
of unionism. All trade-union policies and 
practices grow out of this fundamental aim 
of unionism — collective- bargaining. This is 
why organized labor always insists upon "rec- 
ognition of the union," and why most unions 
demand the "closed shop." The "open shop" 



291 



LABOR ORGANIZATIONS 



is believed to undermine the trade agreement 
system, and is, therefore, determinedly fought 
by organized labor. 

The early unions found it impossible to se- 
cure lasting benefits for labor through economic 
pressure brought to bear upon employers. 
Every gain made was soon lost. Experience 
did, indeed, seem to prove the correctness of 
the theory of the classical economists that 
labor organizations could not interfere with 
the operation of the law of supply and demand. 

Because of the changed industrial conditions, 
the present-day unions have been able complete- 
ly to shatter this theory. Beyond all question 
they have succeeded in raising the wages and 
bettering the conditions of their members. 
In no other country is the difference in wages 
between the organized and the unorganized so 
great as in the United States. Even after the 
crises of 1893 and 1907 the well established 
unions practically held their own. The trade 
agreement system has proven satisfactory not 
only to organized labor but to many employers 
as well. In the industries in which collective 
bargaining is most firmly established strikes 
are least frequent and least bitter. 

Out of these experiences the more intellectual 
of the labor leaders have developed something 
of a trade union philosophy. Its starting-point 
is acceptance of the existing wage-system. The 
effort to sweep away the wage-system looks too 
far into the future. Immediate improvements 
in the lot of the wage-earners must be se- 
cured, and can best be won through substitut- 
ing collective for individual bargaining. Still, 
only when the employer has reason to fear the 
strength of the trade unions, can collective 
bargaining be maintained. Unionism has, 
therefore, become a business proposition. Its 
appeal to the wage-earners is that it can se- 
cure immediate benefits for them. 

Structural Changes. — This business point of 
view has been reflected in the structural changes 
which the labor organizations have undergone 
in the last decade. The early unions had low 
dues and no reserve funds. The national 
unions and the general officers had little pow- 
er. Constant changes were made in the union 
officials. Union dues are now much higher, 
and some unions have accumulated large re- 
serve funds. Most unions have established in- 
surance benefits for their members, which 
tend to keep them loyal. Very marked, also, 
has been, the tendency toward centralization 
of power in the national union and in the gen- 
eral officers. The union officials, moreover, 
have been less frequently changed. 

With these structural changes labor organ- 
izations have attained a degree of stability and 
of responsibility which the early unions lacked. 
Violations of trade agreements have become 
comparatively rare. Nor have there been fre- 
quent changes in union policies during the last 
two decades. The aim which the unions affil- 
iated with the American Federation of Labor, 



have never lost sight of, has been to place 
their organization in a better position to fight 
employers through strikes and boycotts, should 
these become necessary to maintain collective 
bargaining. 

Change in Point of View.— Little sentiment- 
alism appears in the American Federation of 
Labor. The violent denunciation of employers 
which had become commonplace, seldom ap- 
pears in the present day trade union journals. 
Nor has the Federation eared much about 
the sentiment of "workingmen of the world 
unite." * The strong unions have made slight 
sacrifices to aid the weak organizations. The 
skilled have kept aloof as long as possible 
from the unskilled. The leveling effect of 
the perfection of machinery, has forced an ever 
increasing number of unions to admit the un- 
skilled to membership; but this is due to prac- 
tical necessity, not to recognition of the 
brotherhood of all wage-earners. 

The business unionism of today is more 
class conscious than were the early labor or- 
ganizations. Their aim was to raise the wage- 
earner into the position of an employer, to 
grow out of the wage-earner class into that of 
small employers. The present-day labor or- 
ganizations accept the wage-earning class as 
permanent but hope to better its lot. This is 
why organized labor no longer advocates pro- 
ductive cooperation, and why, in recent decades, 
so little understanding has existed between 
organized labor and "reform" and farmers' 
movements. Never before, have the labor 
unions been so free of all "intellectual" leader- 
ship. Perhaps they are developing a distinct 
wage-earners' ethical code; but organized 
labor, at all hazards, depends less upon the 
favor of public opinion than ever before. 

Services of the Labor Organization. — The 
primary mission of trade unionism is to over- 
come through collective bargaining the advan- 
tage which the employer enjoys over the em- 
ployee in the making of a wage-contract, 
because the employer seldom needs the work- 
man as urgently as the workman needs a job. 

Another purpose of trade unionism, at least 
for the organizations of the more highly 
skilled, is to drive up wages through restrict- 
ing the supply of labor. A few unions have 
been very successful in such a policy. Effective 
restriction of the supply of labor, however, is 
not possible in the many occupations requiring 
little or no skill. 

The trade unions have done much for the 
wage-earners, by demanding labor legislation. 
The state federations of labor have been par- 
ticularly aggressive in this field. 

Another service of the labor organizations 
has been to act as schools of citizenship for 
the adult immigrants, who are seldom reached 
by any other American institution. The 
trade unions admit a large part of them and 
help them in their amalgamation. Most unions 
try to get all such members to become natural- 



292 



LABOR ORGANIZATIONS 



ized American citizens. The unions bring to- 
gether men of all races and creeds, and when 
an immigrant joins a union, he generally gets 
away from the baneful control of the immi- 
grant banker and of the ward politician. 

The labor organizations justly lay claim, 
also, to having been the pioneers in demanding 
many democratic reforms of interest to other 
classes as well as to the wage-earners. The 
earliest labor organizations agitated for the 
establishment of a free and universal school 
system. In the forties organized labor was 
the champion of homestead legislation. In 
the early eighties it demanded the initiative 
the referendum and the recall. It was among 
the earliest advocates, also, of railroad rate 
regulation, of anti-trust legislation, and of 
the municipal ownership of public utilities. 

Revolutionary Labor Organizations. — Re- 
cently the public has become aware that the 
American Federation of Labor has a rival in 
the Industrial Workers of the World. Its his- 
tory dates back to 1898. In that year the 
Western Federation of Miners organized the 
Western Labor Union, which aimed to keep 
the American Federation of Labor out of the 
Rocky Mountain country. In 1902 its name 
was changed to the American Labor Union, 
to indicate that it now meant to carry the 
fight against conservative unionism into every 
part of the country. Its present name of In- 
dustrial Workers of the World was adopted 
in 1905, to place stress upon its championship 
of industrial unionism as opposed to craft 
unionism, which is the basis of the American 
Federation of Labor. 

It is clear that the spirit which dominates 
this new organization is different from the 
business unionism of the American Federation. 
The Industrial Workers of the World de- 
nounce all restrictive policies designed to 
preserve to skilled laborers special advantages 
not enjoyed by other wage-earners and pro- 
claims the ideal "one big union" to embrace 
all workingmen. When this "big union" shall 
have been realized "capitalism" is to fall. In 
the meantime, every opportunity must be 
taken advantage of to arouse the class-con- 
sciousness of the wage-earners. Strikes should 
be as frequent as possible; workingmen should 
be encouraged to practice their class-conscious- 
ness daily, by secretly ruining their em- 
ployer's product or crippling his machinery; 
trade agreements should never be made with 
employers, or if made should not be considered 
as binding. Even the accumulation of re- 
serve funds by unions is condemned as tending 
to make them conservative. 

Estimates as to the spread of this revolution- 
ary philosophy are uncertain. In 1912 the 
membership of the Industrial Workers of the 
World is probably not one-twentieth as large 
as that of the American Federation of Labor, 
notwithstanding the withdrawal from it of 
the Western Federation of Miners. It has 



gained ground particularly among recent im- 
migrants and among the unskilled laborers, as 
was shown in the successful strike at Law- 
rence, Massachusetts, in 1912. 

Within the American Federation of Labor 
itself has developed a growing radical minor- 
ity, composed mainly of Socialists. Their 
criticism is that the Federation "hob nobs" 
with the enemies of labor, and has become a 
tool of the old party politicians. Their aim 
is to make the trade unions the active propo- 
gandists of the Socialist movement. With the 
Industrial Workers of the World, however, 
the Socialists within the Federation have no 
more sympathy than has the conservative ma- 
jority. 

The reason for all the discontent with the 
business unionism of the American Federation 
of Labor, is the slow progress which the trade 
unions made during the decade from 1900 to 
1910. In many industries the unions face to- 
day, not competing employers, but a single 
trust. Against the trusts the unions have 
hitherto been unable to make headway. Trade 
unionism has been practically driven out of 
the trust industries, and also out of industries 
controlled by militant employers' associations. 
Up to 1900 all employers' associations formed 
to fight the trade unions, in the course of time 
came to bargain with them. This is not true 
of the recent employers' associations, which 
have not only fought the unions, but have 
worsted them. Hence the demand for a change 
in tactics. 

Excesses of Labor Unions. — Organizations so 
broad and so powerful in the nature of things 
are subject to some malign influences. The 
first principle of the labor union is to bring 
into the organization, by persuasion or by pol- 
icy, all the men of the trade. The advantage 
of collective bargaining is much reduced if 
even a small number of workmen stay out of 
the unions and are available in case of a strike ; 
hence the wide use of picketing (see Boycotts) 
and violence against non-union men when a 
strike is on. Against employers who refuse 
to recognize the principle of the closed shop, 
labor unions occasionally resort to organized 
terrorism, which takes the form primarily of 
ruthless destruction of property of employers 
of non-union labor but does not hesitate at the 
murder of non-union workmen or their pro- 
tectors. For the promotion of such campaigns 
of violence, officials of two important unions 
have been brought to trial. Moyer, Haywood 
and Pettibone, leaders of the Western Federa- 
tion of Miners, were indicted for projecting 
and procuring the commission of a long series 
of dynamite outrages on the property of mine 
operators in the western states, employing non- 
union miners, which culminated in the murder 
by a bomb of ex-Governor Steunenberg of 
Idaho, who had been active in suppressing 
violence in his state. Haywood was brought to 
trial in 1907 but was acquitted and his two 



293 



LABOR ORGANIZATIONS ENCOURAGED BY STATUTE— LABOR PARTIES 



associates were freed. In 1911 the two broth- 
ers McNamara, one of them secretary of the 
International Association of Bridge and Struc- 
tural Iron Workers, were convicted on their 
own confession of dynamiting two buildings 
erected by the members of the National Erec- 
tors' Association, an organization of employers 
pledged to an open-shop policy. Erom this con- 
viction resulted the indictment by a federal 
grand jury in 1912 of 54 officers, members of 
the executive board and agents of the Inter- 
national Association of Bridge and Structural 
Iron Workers as abettors and agents of a con- 
spiracy which had resulted in the dynamiting 
of upwards of a hundred structures. After 
a trial at Indianapolis which lasted three 
months, 38 of the defendants were found guilty 
on Dec. 28, 1912, on all counts. Six were re- 
leased on suspended sentences, and the others 
were sentenced to imprisonment for terms vary- 
ing from one to seven years. 

See Business, Relation of Government 
to; Corporation Charters; Labor and 
Wages, Theory of; Labor, Hours of; Labor 
Parties; Labor, Relation of the State to; 
Socialism; Trade Unions; Trusts. 

References: F. T. Carlton, History and Prob- 
lems of Organized Labor (1911) ; John Mit- 
chell, Organized Labor (1903) ; J. R. Commons, 
Trade .Unionism and Labor Problems (1906), 
"Labor Movements in America" in Chatau- 
quan, LXII (1911), 247-254; F. J. Stimson, 
Labor in its Relation to Law (1895) ; R. Hoxie, 
"Trade Union Point of View" in Journal of 
Pol. Econ., XV (1907), 345-353; N. Fay, 
"Value of Existing Trade Unionism" in Atlan- 
tic Mo., CIX (1912), 758-770; S. M. Kings- 
bury, Labor Laws and their Enforcement 
(1911); U. S. Department of Labor, "Strikes 
and Lockouts" in Annual Report, 1888; A. 
M. Sakulski, Finances of Am. Trade Unions 
(1906) ;- G. G. Groat, Trade Unions and the 
Law in New York (1905) ; bibliography in 
Library of Congress, Select List of Books Relat- 
ing to -Strikes (1903); Am. Year Book, 1910, 
441-442, ibid, 1911, 351, ibid, 1912, 400-402. 
John R. Commons. 

LABOR ORGANIZATIONS ENCOURAGED 
BY STATUTE. Many American states have 
recognized the fact, that, in view of the limita- 
tion of protective labor legislation by the 
doctrines of freedom of contract and class leg- 
islation in the Constitution (Art. I, Sec. x, 



1[ 1 ) , certain reforms can be brought about only 
through the organization of wage-earners; and 
consequently have enacted legislation tending 
to encourage and foster trade unions. 

The incorporation of labor organizations is 
permitted and even encouraged by the stat- 
utes of many states and the United States, al- 
though the unions, for the most part, prefer 
the freedom of unincorporated bodies from reg- 
ulation and inspection. Incorporated unions 
have the power to sue and be sued; they are 
legally and financially liable to the extent of 
their funds for their corporate acts and pro- 
ceedings; but laws governing corporate action 
usually are made inapplicable to unions by 
special provisos, as exemption from the opera- 
tion of anti-trust acts, directed against com- 
binations of employers in restraint of trade; 
relief from insurance laws; exclusion from the 
federal law for the taxation of corporations. 
Such laws are discriminatory in favor of labor 
organizations and certain courts have broadly 
hinted at their unconstitutionality, although 
the Nebraska supreme court declared consti- 
tutional the exemption from the provisions of 
an anti-trust law. 

The union label is protected in many states, 
and the word "trade-mark" is often so defined 
as to include the union label. Penalties of 
fines or imprisonment, or both, are imposed 
for counterfeiting it. The right to wear the 
badge of a labor organization or to carry a 
union card is restricted to actual members by 
the statutes of a number of states, although 
in Montana such an act has been declared 
unconstitutional. 

The Federal Government and several states 
have passed laws declaring it unlawful for 
employers to discharge workmen for joining 
labor organizations, or to make it a condition 
of employment that they shall not belong to 
labor organizations. This type of statute 
has been declared unconstitutional as inter- 
fering with the rights of all men voluntarily 
contracting to make or continue their contracts 
in accordance with their own choice, so long 
as nothing injurious to the public interest is 
involved. 

Massachusetts, in 1911, followed the example 
of England and made it legal for a union to 
impose fines upon its members. 

See Labor, Freedom of; Labor, Protection 
to; Labor, Relation of the State to. 

Charles F. Gettemy. 



LABOR PARTIES 



Early Movements. — Labor movements in 
American politics began as early as 1828 and 
1830. These were organizations and agitations 
among workingmen made with a view to influ- 
encing legislation. A Workingmen's Party 
held a state convention in Syracuse, N. Y., in 



1830 and nominated Ezekiel Williams for gov- 
ernor. He received 3,000 votes in the state. 
In New York City the party fused with the 
Whigs and elected a few members of the legis- 
lature. It demanded equal rights for women, 
the abolition of chattel slavery and of "wage- 



294 



LABOR PARTIES 



slavery," and the abolition of all special priv- 
ileges. It maintained an independent existence 
but a short time, merging with the Loco Foco 
movement (see) which, in its beginnings, stood 
for democratic equality and against monopolies 
and special privilege. 

At the same time there were independent 
labor movements in other states, notably in 
Pennsylvania. Conventions of laboring men 
urged upon their fellow workers reasons for 
separating themselves from their political par- 
ties. They complained that the laws were un- 
just to the laboring classes; that workingmen 
were without representation; and that the 
masses were suffering abuses from the great, 
the rich, and the powerful. These labor polit- 
ical protestants opposed all chartered monop- 
olies as infringements on the rights of the 
people; they denounced lotteries as injurious 
to the morals and interests of the people; and 
they demanded free schools for the early and 
suitable education of the children of the poor, 
denouncing the "charity schools," whose bounty 
carried with it only opprobrium and disgrace, 
since in them the poor man's children could 
receive education only by being publicly recog- 
nized as "paupers." This local labor party 
movement was instrumental in promoting the 
cause of free schools in Pennsylvania — a cause 
in which Thaddeus Stevens (see) became a 
most distinguished and successful advocate. 

United and consecutive efforts to organize 
among labor men a political party in the mod- 
ern sense began many years later. A labor 
congress met in Baltimore, Aug. 20, 1866, 
which was described in its own address as "the 
first National Labor Congress ever convened 
in the United States." There were in this 
Baltimore congress sixty delegates from a ma- 
jority of the states, who had met for the pur- 
pose of effecting a permanent organization of 
the wealth-producing classes and to devise the 
best means of promoting the interests of work- 
ingmen. It was recommended that steps be 
taken to form a National Labor Party "which 
shall be put into operation as soon as possible." 
The congress issued an address to the working- 
men of America reviewing the condition of 
labor, and urging the "absolute necessity of 
cutting aloof from the ties and trammels of 
parties manipulated in the interest of capital." 
The legislation of the past, the address assert- 
ed, had always been the legislation of capital, 
of the propertied classes, who, when their in- 
terests were in the least endangered, always 
sundered party ties and stood shoulder to 
shoulder in defense of their own class welfare. 
The "one grand cause of all our evils . . . 
is the robbery which capital perpetrates on la- 
bor through legislation." Laboring men should 
cut loose from the trammels of party and unite 
to control legislation. 

Another labor congress was held in Chicago 
in August, 1867. At this congress, the National 
Labor Union was organized and political in- 



dependence was further urged. A declaration 
of principles was put forth, reaffirming the 
principles of the Declaration of Independence 
and adherence to democracy. At this labor 
congress was set forth probably the first public 
declaration, by a convention, of the money pol- 
icy with which the Greenback Labor party 
(see) was subsequently identified, denouncing 
the national bank currency and calling for "the 
issue of treasury notes to be a legal tender for 
all debts public and private, and convertible at 
the option of the holder into government bonds 
bearing a just rate of interest." The "National 
Labor Union" also opposed land monopoly and 
held that the public domain should be widely 
distributed among the people. It submitted to 
its constituents the question whether a Na- 
tional Labor ticket should be placed before the 
people at the next presidential election. A 
committee in the next congress held in New 
York in September, 1868, urged an immediate 
organization of a separate political party. 
There was pronounced opposition to having 
such action taken that year as the presidential 
campaign was well under way and the country 
was greatly aroused on the issues of war and 
reconstruction. But in the convention of the 
"National Labor Union," which met at Phila- 
delphia in 1869, a platform of "The Labor Re- 
form Party" was put forth. This affirmed op- 
position to the banks' control of the currency 
and repeated the former demand for a legal 
tender greenback currency, and declared that 
the bondholders should be paid in this "lawful 
currency." 

National Labor Reform. — From these con- 
gresses and from local movements in the states, 
especially among the trades unions, came the 
National Labor Reform Party, which held its 
first and only presidential nominating conven- 
tion at Columbus, Ohio, February 21-22, 1872. 
There were representatives from seventeen 
states. The platform was essentially the same 
on labor and money as that announced by the 
National Labor Union in 1867 and 1868., with 
the addition of articles in favor of one term in 
the presidency, of revising the tariff so that 
"duties would rest mainly on articles of lux- 
ury," and demanding that money for future 
wars "should be collected from the wealth of 
the country and not entailed as a burden upon 
posterity." Judge David Davis, of Illinois, and 
Judge Joel Parker, of New Jersey, men of 
eminent ability and influence, were nominated 
for President and Vice-President. Parker de- 
clined the nomination. Judge Davis gave a 
qualified acceptance, but after the Liberal Re- 
publicans (see) and Democrats nominated an- 
other candidate he also declined, since he had 
consented to the use of his name by the Liberal 
Republicans (see) "having regarded that move- 
ment," as he said, "as the initiation of a pol- 
icy to unite the various political elements in a 
compact opposition." The party again came 
together and nominated Charles O'Conor, of 



295 



LABOR PARTIES 



New York, for President, who was also nomi- 
nated by the "Straight Democrats," who were 
dissatisfied with the Democratic endorsement of 
Greeley and the Liberal Republican platform 
in that year. O'Conor received about 30,000 
votes and with the close of the campaign of 
1872 the National Labor Reform Party, like 
the Liberal Republicans, disappeared from the 
political arena, its members merging into the 
old parties or into new reform movements. 

Local Labor Parties 1870-1880.— In the 
decade of depression and hard times from 1870 
to 1880, several local workingmen's parties 
were organized in various parts of the country. 
One was organized in Illinois in 1874 which 
reached a membership of 2,000. The Socialist 
Labor Party cast 7,000 votes in Chicago in 
1877. Similar independent labor tickets were 
quite largely supported in Cincinnati, Cleve- 
land, and other western cities. These Socialist 
labor organizations, that were going into poli- 
tics and using the ballot to control legislation, 
were a manifestation of Socialist opposition to 
the foreign control of the International Work- 
ingmen's Association (see) and may be de- 
scribed as a rival Socialist party in opposition 
to the German Marxian Socialists who had con- 
trol of the International. A like defection 
from the International occurred in New York 
where the Social Democratic Workingmen's 
Party of North America was formed, on July 
4, 1874. The purpose of this party was declared 
to be to establish a free state founded upon 
labor; to abolish the present unjust social and 
political conditions; to discontinue all class 
privileges; to introduce cooperative labor in- 
stead of the wage system in order to make the 
laborer independent of the capitalist; and, to 
these ends, to unite all workingmen. 

Socialist Labor.— The next year (1877) the 
party changed its name to the Socialist Labor 
Party of North America, and under that name 
it has continued to the present time persistent- 
ly advocating, from the Socialist point of view, 
the interest of labor and the political independ- 
ence of the laborer, though it did not come into 
the political field with a presidential ticket 
until 1892, when it cast 21,164 votes for Simon 
Wing, of Massachusetts, for President. 

Workingmen's Party in California. — In 1877 
a workingmen's party was formed in California, 
(see) the leading spirit of which was Dennis 
Kearney, a labor agitator of great energy and 
power of harangue. Monster meetings were 
held on the "Sand Lots" and the agitation be- 
came the absorbing topic of the day. The par- 
ty carried San Francisco in the city election, 
and in 1879 it exercised a controlling influence 
in the formation of a new constitution for Cali- 
fornia, and succeeded in inserting provisions in 
that instrument designed to curb the powers 
of corporate capital and to abolish Chinese con- 
tract labor. 

Local Labor Parties after 1880.— In the 
years following 1880 still more numerous local 



and state labor parties were organized. In 
1878, the Greenback Party, under the influence 
of leaders of organized labor, changed its name 
to the Greenback Labor Party (see). In 1886, 
a United Labor Party was organized in Chi- 
cago under the leadership of the Central Labor 
Union. In the same year, in Wisconsin, a 
Union Labor Party was organized, while in 
other states there were other bodies known as 
the Industrial Labor Party, Labor Reform Par- 
ty, or merely Labor Party. These parties were 
made up of members of the American Federa- 
tion of Labor, Knights of Labor, radical So- 
cialists, Greenbackers, and even of some anar- 
chists, and they engaged the ' old parties in 
spirited contests in local elections. The most 
important of these local labor contests in the 
politics of this period was in New York City 
in 1886, when the United Labor Party of that 
city, nominated Henry George for mayor of 
New York, and cast for him 68,000 votes. The 
Single Taxers and the Socialists united in this 
vote, the Socialists supporting the George can- 
didacy in spite of his land tax theory as a 
hopeful movement against capitalism. But 
since these heterogeneous elements were unable 
to see alike as to economic theory and the 
cause of social distress, they were not subse- 
quently able to walk together in political ac- 
tivity. 

In 1887, the United Labor Party of New 
York State, nominated Henry George for Secre- 
tary of State, repudiating Socialism, ana virtu- 
ally disclaiming Socialists as fellow members. 
The Socialist Labor members, combining with 
other radical labor organizations formed in 
New York the Progressive Labor Party, nomi- 
nating John Swinton to run against Henry 
George. The Progressive Labor party vote, of 
about 5000 was virtually confined to New York 
City. 

National Labor Parties. — These labor par- 
ties, prior to 1888, were either local and tran- 
sient movements or they were labor and Social- 
ist organizations for agitation, education, and 
propaganda. None of them, except the Na- 
tional Labor Reform Party and Greenback La- 
bor Party, had come into the field of national 
politics like a real American political party to 
place before the voters candidates for President 
and Vice-President. But in 1888 two regular 
political labor parties appeared in the field of 
presidential politics, namely: (1) the Union 
Labor Party, which was formed by a union of 
the Greenback Labor Party (see), largely ru- 
ral in its constituency, with the urban trades 
union movement, which had been demanding 
labor and industrial reforms; and (2) the 
United Labor Party (see), a much smaller 
party, which under leadership of the Reverend 
Father Edward McGlynn, of New York, de- 
manded the recognition of the principle of the 
single tax (see) and the abolition of private 
property in land. These parties disappeared 
after the campaign of 1888. 



296 



LABOR, PAUPER— LABOR, PROTECTION TO 



Conclusions. — The record of these labor par- 
ties tends to show that the American working- 
men have never in any considerable numbers, 
cut loose from their party ties nor voted with 
any approach to solidarity. They have been 
usually divided from habit or convictions, be- 
tween the Democratic and Republican parties. 
The leaders of the present Socialist party are 
now attempting to unite them into a "class- 
conscious party" against capitalism. It has 
been difficult to maintain an independent labor 
party movement in America. Party ties have 
been rigid; the skillful managers of the old 
parties have had well in hand the vast machin- 
ery of primaries and conventions, and no labor 
party in America has arisen at all comparable 
to the Labor party of England. 

See Democratic Party ; Republican Party ; 
Socialism; Socialism, Municipal. 

References: M. Hillquit, Hist, of Socialism 
in the U. 8. (1903); J. R. Commons, U. B. 
Phillips and others, Documentary Hist, of Am. 
Industrial Soc. (1910), V, see index; T. H. 
McKee, National Conventions and Platforms 
( 1901 ) . James A. Woodburn. 

LABOR, PAUPER. See Pauper Labor. 

LABOR, PROTECTION TO. Basis.— Protec- 
tive labor legislation is essentially based upon 
that broad principle which is the foundation 
of all -law, that it is the duty of the state to 
restrict the freedom of individual action in 
the interests of the community. Such legisla- 
tion necessarily begins with the protection of 
the young, since it is the clear duty of the 
state to protect those upon whose well-being 
the future of the race depends and those who 
are least able to protect themselves. Then 
come: the protection of women; the guarding 
of machinery; inspection of places of work; 
regulation of dangerous trades, and other meas- 
ures affecting health; prevention of accidents 
and compensation for injuries resulting there- 
from; insurance against sickness, unemploy- 
ment, and old age; payment of wages; limita- 
tion of hours of labor; conciliation and 
arbitration of labor disputes; and regulation 
of alien and convict labor. 

Such legislation as exists throughout the 
civilized world has been obtained only as the 
result of constant conflict between humanitari- 
an impulses and commercial interests, in which 
the deciding power has been the sympathy of 
the general public, sometimes backed up by 
verified information as to those to be protected. 
This public sympathy has influenced the state 
to consider very seriously and extensively the 
conflicting interests and to decide whether the 
advantage of protecting a particular class out- 
weighs the disadvantage of discouraging com- 
mercial and industrial enterprise in the inter- 
est of the community at large. 

Effect of Constitutions. — Labor legislation 
in the United States is conditioned upon and 



controlled by the federal and state constitu- 
tions, in which certain phrases appear which 
have been interpreted to enunciate a constitu- 
tional right to freedom of contract and a con- 
stitutional inhibition of class legislation. 
American labor legislation has been explained 
as a collection of exceptions to these general 
rules. Constitutional objections and state jeal- 
ousies have prevented the passage of many 
needful regulatory statutes for the protection 
of wage-earners, and have emasculated or an- 
nulled many which were actually placed on the 
statute books. The Federal Constitution was 
formulated and adopted at a time when popu- 
lar sentiment had reached its maximum in 
favor of non-interference on the part of gov- 
ernment with the conditions of industry; and 
although industrial conditions have since un- 
dergone revolutionary transformations, which 
have greatly modified the relations between 
employer and employee, and between producer 
and consumer, the American people are still 
controlled by the ideals generated during a 
period of enthusiastic reaction from the regu- 
lations imposed by medievalism and mercantil- 
ism. 

Attitude of Courts. — Despite legislation, the 
dead hand of outgrown doctrines of common 
law has restrained the courts in their construc- 
tion of statutes. Great power is lodged in the 
hands of judges as to interpretation of stat- 
utes, to see whether they conform to the fund- 
amental law of the land; and the courts have 
thrown what have at times proved insurmount- 
able obstacles in the path of social reforms. 
The devotion of well-meaning and upright judg- 
es to a system of economic philosophy not mere- 
ly outworn but to the last degree mischievous 
is shown in such decisions as in the case of 
Lochner vs. People of the State of New York 
(177 N. Y. 145). A statute of that state limit- 
ing the hours of bakers to 10 a day and 60 a 
week, which had been held constitutional by 
the highest New York court was set aside by 
a decision of the United States Supreme Court 
in Lochner vs. New York (198 U. 8. 45) that 
the law interfered with the freedom of contract 
which was assumed to be protected by the Four- 
teenth Amendment. Other decisions, such as the 
David L. Williams case, the Knisely vs. Pratt 
litigation, and the Ives vs. South Buffalo Ry. 
Co. case in New York have held unconstitution- 
al certain social and economic reforms, cham- 
pioned by the majority of the people after due 
deliberation, who had a right to see them 
enacted into law and become a part of our set- 
tled governmental policy. So much labor legis- 
lation has been declared unconstitutional that 
as a consequence American workingmen have 
come to distrust the courts much more than 
their English brethren. 

Ante-Bellum Legislation. — In the United 
States, no labor legislation of importance, with 
the exception of the mechanics' lien law, free 
school legislation, 10 hour law in federal em- 



297 



LABOR, RELATION OF THE STATE TO 



ployment, and a few isolated attempts to limit 
the hours of labor for women and children, was 
passed until after the close of the Civil War. 
Up to within a few years, Massachusetts led 
the American states in protective labor legisla- 
tion and her laws have served as models for 
similar legislation in many other common- 
wealths: in 1866 a child labor law was passed; 
in 1869 the bureau of statistics of labor was 
established; in the seventies a ten-hour law 
for women and child wage-earners was enacted 
and a factory inspection department organized. 

Federal Laws. — Federal labor laws are only 
concerned with such matters as the status of 
seamen, and hours of labor, prevention of acci- 
dents, and employers' liability on railroads en- 
gaged in interstate commerce; alien labor; in- 
spection of steam vessels; coal mines; trusts; 
and the regulation of hours, wages, and work- 
ing conditions of employees in government de- 
partments. 

Recent State Legislation. — Each state has 
its own code of labor laws which varies in the 
different states within very wide limits from 
nothing at all to a fairly substantial code; but 
as a whole they are elementary, enacted with- 
out any systematic planning, very imperfectly 
observed and enforced, and in none are they 
at all comparable with those of European coun- 
tries. Much of the legislation in the different 
states has been framed by the method of copy- 
ing verbatim from one state to another, result- 
ing in the simple propagation of early forms 
and not toward progressive development. Some 
of the states, such as Wisconsin, Illinois, and 
New York, have advanced much further than 
others, the Wisconsin act of 1911 being general- 
ly accepted as the latest word on methods of 
safety legislation. It follows somewhat the 
systems adopted in nearly all European coun- 
tries of providing for the establishment through 
state authority of scientific occupational stan- 
dards of safety. At the other end of the scale 
some of the southern states, in which manu- 
facturing industries are extensively carried on, 
have very few restrictions. A study of the 
laws of the various states will reveal how 



differently are measured the dangers which 
must be common to all manufacturing states. 

Comparison with Europe. — If labor legisla- 
tion is a mark of advanced civilization — which 
can hardly be denied — then the United States 
is far behind Europe. If, again, legal restric- 
tions impose some commercial disadvantages on 
competitors in the industrial struggle — which 
also cannot be denied as a general proposition 
— then European, and particularly English 
manufacturers are placed at a substantial dis- 
advantage in competing with American rivals. 
Similarly, some states in America are placed 
at a disadvantage with regard to others. The 
great development of the cotton manufacturing 
industry in the southern states as compared 
with New England is due as much to this cause 
as to the proximity of the cotton fields. 

Municipal Legislation. — Labor laws enacted 
by municipal law-making bodies include the 
limitation of hours of labor on municipal work, 
the establishment of rates of wages, the require- 
ment that city work be done by union labor, 
that certain supplies bear the union label, etc. 
Wages and hours are sometimes regulated in 
franchises. 

Execution of Law. — Laws are one thing, 
however, and their observance another; and 
there is abundant evidence that in the United 
States the labor laws are not exempt from the 
operation of that corruption in public life and 
contempt for law which astonishes the observ- 
ant European visitor. Much legislation has 
been rendered useless or has been emasculated 
through the lack of proper inspection, or by 
technicalities which make enforcement difficult. 

See Child Labor; Contracting out of La- 
bor Laws; Employers' Liability; Factory 
Legislation; Industrial Injuries; Occupa- 
tional Diseases; Strikes; Wages, Regula- 
tion of; Workmen's Compensation. 

References: Am. Assoc, for Labor Legisla- 
tion, "Labor Legislation of 1912" in Am. Labor 
Legislation Review, Oct., 1912; New York State 
Commission of Factory Investigation, Prelimi- 
nary Report, 1912; J. Goldmark, Fatigue and 
Efficiency (1912). Charles F. Gettemy. 



LABOR, RELATION OF THE STATE TO 



Common Law Doctrine. — The interference of 
the state with social and domestic affairs, eith- 
er by legislation or administrative regula- 
tion, is natural in continental governments 
which derive from the Roman law, or where 
the notion of an arbitrary power existent some- 
where over the lives, liberties and fortunes 
of the individual prevails. But English in- 
stitutions are derived from the Teutonic democ- 
racy, led by a chieftain and judged by a gen- 
eral body of the freemen according to the 
customary law; and while no evolutionary in- 



stitution need be either logical or consistent, 
and while there was much attempted legis- 
lation by early statutes regulating both labor 
and prices, it is nevertheless true that the 
notion passed away before the statutory as- 
sertion of the older principle of freedom of 
trade and labor. The approach of the laissez 
faire era was further accelerated and defined 
in the common law by judgments and statutes 
repressing and forbidding the still greater in- 
terference of guilds in restraint of trade and 
free labor (see Norwich Tailors' Case, etc., de- 



298 



LABOR, RELATION OF THE STATE TO 



scribed in Stimscm, Popular Law Making, 174 ) . 
Thus the doctrine that the state should not 
interfere with private industry or any private 
relation or contract became fully established 
early in the seventeenth century, and lasted 
for about two centuries. Even before that, it 
was the general common law; and when the 
state interfered, as it frequently did by stat- 
ute, it was not for the purpose of protecting 
labor, but of controlling or compelling it. 

Fourteenth Century Legislation. — A brief 
description of the labor laws of these four 
centuries may here be interesting. In 1335 
the statute of York allows free trade in Eng- 
land to foreign merchants; in either 1328 or 
1340 is a statute declaring that all merchants 
shall be allowed to come freely into the king- 
dom. In 1349 appears the great landmark, the 
first Statute of Labor, passed in consequence of 
a scarcity of labor due to the Black Death the 
year before; it requires all persons able in 
body under sixty to do labor to such persons 
as require labor, or else be committed to gaol. 
No workman or servant can depart from serv- 
ice before the time agreed upon, and the old 
wages prevailing before the Black Death and 
no more shall be given. Victuals shall be sold 
only at reasonable prices fixed by the mayor; 
and no person shall give anything to a beggar 
who is able to labor. It is noted by Barring- 
ton that this statute is probably illegal be- 
cause the Commons did not join in its enact- 
ment, a significant fact; however that may be, 
in 1350 the statute was amended by an act in 
which the Commons did join; and elaborate 
provision was made for the amount of wages 
to be paid for all sorts of service including 
agricultural service: common laborers, one 
penny; mowers, three pence; carpenters, two 
or three pence ; masons, three or four pence ; 
servants, one-half a penny, etc. Ten years 
later the statute was again confirmed and 
special provision made that work in gross 
should be lawful, i. e., work by contract; the 
guilds having then, as they do now, endeavored 
to prevent all piece work. Laborers refusing 
to work may be imprisoned, and may not de- 
part to some other county. This act, although 
claimed to have been repealed by general words 
in 5 Elizabeth, was not expressly repealed until 
1869. In 1362 handicraftsmen by statute 
were allowed to "use but one mystery." 

In 1377 came the last statute concerning 
villeinage, a status which will, applying to 
free men, hardly fall within the scope of this 
discussion. This statute- of Richard II is the 
opposite of a fugitive slave law, for while 
it provides that villeins refusing to labor may 
be committed to prison without bail at the 
complaint of the landlord, it also enacts that 
villeins fleeing to cities were made free after 
they had been in a town a year and a day. 
Shortly after, in consequence of Wat Tyler's 
rising, villeinage disappeared, and a money 
wage was paid agricultural laborers. 



Fifteenth Century Legislation. — In 1388 is 
another Labor Statute restricting each laborer 
to his hundred; requiring him to follow the 
same trade as his father after reaching twelve 
years, and again fixing wages at a fixed sum; 
but the next year this effort was again aban- 
doned and wages were to be fixed Easter and 
Michaelmas by a justice of the peace. ' In 1425 
there is legislation in the interest of what we 
should call non-union labor; masons are for- 
bidden to confederate themselves into chapters, 
etc.; and in 1436 is the first statute against by- 
laws in restraint of trade, aimed at guilds and 
corporate companies making unlawful ordi- 
nances as to the price of their wares for their 
own profit and to the common hurt of the 
people, and holding such ordinances penal and 
invalid, except when approved by the chancel- 
lor; precisely what is now proposed in regula- 
tion of our trusts. In 1444 wages are again 
fixed, and the wages of women at only about a 
half a penny below those of men. Servants in 
husbandry must give half a year's warning 
before departure. In 1503 by-laws of guilds 
restraining the members from invoking their 
rights at law are made unlawful by statute, 
and also any ordinances of guilds or others 
"against the common weal of the people." 

Sixteenth Century Legislation. — In 1514 is 
the most elaborate of all acts fixing the wages 
and hours of labor, and in 1562 under Elizabeth 
the Great Statute of Laborers, consolidating 
all previous laws; it still recognizes the prin- 
ciple of compulsory labor, of fixing the hours 
of labor and the rate of wages. Men not using 
an industrial craft may be compelled to serve 
in husbandry between the ages of twelve and 
sixty; unmarried women in like manner be- 
tween twelve and forty, and none may use any 
manual art who has not been apprenticed to 
the same. Masters may not discharge servants 
without reasonable cause or a quarter's warn- 
ing, nor may any servant be employed without 
a testimonial. But this -ponderous statute 
marks, as is frequently the case, the culmina- 
tion of the whole movement. It soon fell into 
disuse and there was no further regulation of 
labor in England for nearly three centuries. 

We thus arrive at the legal theory that labor 
is absolutely free, both of compulsion, or regu- 
lation by statute, or at the behest of combina- 
tions of others, as labor guilds or unions. This 
principle was vigorously asserted in the courts 
whether based on these early statutes or the 
common law. It was for centuries so clearly 
and commonly understood as to be almost a 
part of the British constitution, and on this 
ground the first introduction of the principle 
of state regulation as applying to the labor 
even of children or of women or young girls in 
factories, fomented by the late Earl of Shafts- 
bury, was vigorously resisted. In 1844 the ef- 
fort at limiting the hours of labor began, with 
a bill to fix the hours of labor of women and 
young persons in factories at twelve a day (in 



LABOR, RELATION OF THE STATE TO 



fact, a ten hour day, as two hours were al- 
lowed for meals) and night labor of females in 
factories was forbidden. 

American Theories. — At this point the dif- 
ference between the American and the British 
constitutions comes into view. No British con- 
stitutional principle restricts the power of Par- 
liament in any way. It may, therefore, legis- 
late in such a manner as to deprive people of 
freedom of contract or to control the liberty, 
the hours of labor, or generally regulate the 
industries of even adult men. Such, of course, 
is not the case in the United States both under 
the Fourteenth Amendment and the state con- 
stitutions, it has been almost universally held 
that the liberty of <a person of twenty-one may 
not be restricted by legislation in these par- 
ticulars. Trades dangerous to the public health 
or safety may, however, be regulated by statute 
as to the hours of employment; but there are 
contrary decisions as to the possibility of regu- 
lating the hours of employment of adult men 
for the health of themselves alone. Only a few 
states (Massachusetts, Oregon, Illinois) and 
the United States make an exception of women, 
and thus deny them equal liberty in the indus- 
trial field. Many believe that there is no ob- 
jection to a general regulation by the state of 
all industries which are carried on in factories, 
mines, or under congestive and peculiar condi- 
tions, and that it is not necessary to restrict 
such limitation to the women alone; others, 
still a majority, that such matters are best left 
to private contract or at least to collective bar- 
gaining, to the local legislation of the states 
and varying climatic, industrial, social eco- 
nomic and racial conditions, or even, perhaps 
for similar reasons, to the local ordinances of 
large cities or small towns. 

Workmen's Compensation. — There is no sub- 
ject in which there is more general agreement 
now than in the wisdom and necessity of work- 
men's compensation laws; that is to say, legis- 
lation which shall do away with the common 
law doctrine or the fellow servant rule and the 
assumption of risk by the employee; shall do 
away with the great waste and injustice of 
litigation in the courts, and provide a fixed and 
definite compensation for all injuries, payable 
without regard to their cause, except it be 
solely the employees' fault, from an insurance 
fund possibly contributed to by the employee 
as well as the employer, or by the state. A 
New York statute, looking to this result, was 
declared unconstitutional by the state court of 
appeals in 1911. Similar statutes, however, 
have been adopted in New Jersey, Illinois, Mas- 
sachusetts and Wisconsin and are under con- 
templation in Indiana and other states. 

Public Employment. — The law of public em- 
ployment, that is to say, the employment of 
labor by states, cities or municipal corpora- 
tions directly, or even by contractors for such 
municipal corporations, is subject in the United 
States to different constitutional principles, the 



300 



weight of opinion being that a state or muni- 
cipal corporation has a free hand to interfere 
in all such contracts and conditions, as in Eng- 
land; that is to say, it may prescribe the rules 
which shall govern itself or its subordinate cor- 
porations in the labor contracts or works into 
which they shall enter. 

Wages.— There has been, except in public 
work, no legislation in the United States fix- 
ing the rate of wages or a minimum wage, 
though important innovations are now being 
considered in Wisconsin and other states, and 
there is a noticeable movement to secure by 
legislation a minimum wage for young women. 
The Louisiana constitution provides that labor 
wages only shall be fixed; a statute of Indiana 
fixing fifteen cents an hour was declared un- 
constitutional by the state courts, and there 
has been hardly any other attempt. 

Hours of Labor.— The interference by the 
state with the hours of labor has been so gen- 
eral in English speaking, and indeed in all 
modern countries, that it may be said to be 
universal, at least in theory, the only exception 
being as pointed out above, the labor of adult 
men in the United States, and, for practical 
reasons, agricultural and industrial labor. 

Conditions of Labor. — Some of the condi- 
tions of labor are included under what we term 
generally factory legislation; but the word 
"factory" should not be taken too narrowly, it 
usually includes legislation as to bakeshops, 
laundries, mines, and many other occupations. 
In its origin it was based solely on sanitary 
conditions; in the case of young persons and 
children on the health of the laborer; in other 
cases on the health of the public generally. 
In modern times legislation has been extended 
to take account of moral conditions, as that 
young girls should not be employed at night, 
nor the two sexes assigned to the same room, 
nor girls serve liquor in bar-rooms, etc. The 
continental legislation goes further than ours, 
in that it looks after the health of women be- 
fore and after childbirth. Nothing of that 
kind has yet been enacted in this country. But 
the conditions of labor normally include more 
than mere sanitary surroundings. Practice of 
fraud is usually ground for labor legislation, 
as is the nature of the contract itself; arbi- 
trary imposing of fines for imperfect work; the 
requiring reciprocal notice of the end of serv- 
ice; the prohibition of the blacklist; weekly 
or monthly payment laws; laws requiring mon- 
ey to be paid in cash, not in checks or sup- 
plies, laws forbidding "company stores," com- 
pany lodging houses, or payment by store or- 
ders, regulating the payment for piece-work, 
screening laws in coal mines; regulating labor 
upon shares; crop divisions; the exaction of 
bonds from employees; the prohibition of char- 
itable or relief funds to which the employee is 
invited or compelled to contribute; company 
physicians; and interference by the employer 
with the political rights of the employee. 



LABOR, SECRETARY OF— LABOR, WOMEN'S, LEGISLATIVE CONTROL OF 



Protection of Wages. — There is very general be called state interference. Trades unions are 



legislation as to the attachment of wages, for- 
bidding them to be assigned, or regulating the 
rate of interest to be charged on loans secured 
by such assignment. The ordinary exemptions 
of property from execution are not in many 
states valid as against claims for labor per- 
formed, and a preference is given to wage debts. 
Stockholders in corporations are made individ- 
ually liable for the claims of labor; and no 
important work, as of a railroad, etc., may 
be instituted without proper security for their 
claims. Their injury and beneficiary funds are 
exempt, and an effort is made to exempt them 
even from the unlawful acts of the members 
of the union to which they belong. Many other 
legal privileges are given them by statute; 
thus, actions for wages shall stand first in 
order for trial; no security for costs may be 
required; additional costs may be recovered; 
no court fees are required; no stay of execu- 
tion allowed; and a special attorney's fee may 
be recovered. These statutes exist only in a 
few states and they are, possibly, unconsti- 
tutional. 

Convict Labor.— The state may, of course, 
regulate labor in its own jails, and it very 
commonly regulates it in the supposed interest 
of free labor; that is to say, it may produce 
no convict-made goods in competition with free 
outside labor in the state; and there has been 
a determined effort, hitherto unsuccessful, un- 
der the interstate commerce clause of the Con- 
stitution to prohibit such convict labor from 
coming into competition with the product of 
other workmen in the state. Similar legisla- 
tion in the interest of the laws against alien 
labor is frequent, but much of it is unconstitu- 
tional because contravening the provisions of 
national treaties. 

Schools. — The apprentice system has van- 
ished, and with it much of the education of 
our skilled labor. In its place we have a some- 
what ineffective effort to establish industrial 
or trade schools by law, not always warmly 
supported by the workmen themselves. 

Sweat Shops. — The matter of sweatshops 
as distinct from 'factories has received recent 
attention, and it may be stated generally that 
good sweatshop laws now exist in the north- 
eastern states; a sweatshop being commonly 
defined to be a dwelling house or room in a 
house not a factory where paid labor other 
than that of the members of the household is 
employed; the constitutional objection to such 
legislation being, of course, that an English- 
man's house is his castle, and it is somewhat 
difficult for the state to regulate what he may 
do within his doors, either with his own fam- 
ily or his friends, especially when he does not 
pay them himself, but they all work for some 
central factory. 

Trades Unions. — The common law of master 
and servant is much developed and supplement- 
ed by our modern statutes, but this can hardly 



universally made lawful and given legal pro- 
tection; while on the other hand unlawful 
combinations whether of employer or employee, 
boycotts and blacklists are forbidden by stat- 
ute; but this can hardly be called state inter- 
ference, for it is but the expression or the 
amplification of the old common law. The 
same may be said of a recent attempt to in- 
terfere with courts of chancery to limit or reg- 
ulate the issuance of injunctions (see) by con- 
tempt. Both matters are much complicated by 
the peculiar situation in the United States 
whereby any instrumentality of interstate com- 
merce is removed from state regulation and 
placed under the authority of the courts. This 
makes possible the use of the federal power, 
civil or military, in great railroad strikes. 

Soldiers and Sailors. — Sailors and soldiers 
have always been outside the ordinary common 
law affecting labor, their position having been 
considered anomalous from the earliest times. 

See Arbitration of Labor Disputes; Boy- 
cotts ; Employers' Liability ; Factory Legis- 
lation; Health, Public, Regulation of; In- 
dustrial Injuries; Mine Legislation for 
Laborers; Peonage; Strikes; and under In- 
junction; Wages. 

References: U. S. Commissioner of Labor, 
22d Annual Report, 1907, collection of the 
labor laws of the State and U. S., Labor Bulle- 
tin Xo. 70 (1905) ; H. de B. Gibbins, Industri- 
al Hist, of England (1902) ; A. Maurice Low, 
History of British Labor Legislatimi (1904); 
B. L. Hutchins and A. Harrison, Hist, 
of Factory Legislation (1911) ; F. J. 
Stimson, Popular Law Making (1911), 
ch. iv; U. S. Industrial Commission, "For- 
eign Labor Laws" in Report, XVI (1901) ; 
V. S. Clark, Law of the Employment of Labor 
(1911) ; Washington Gladden, Labor Question 
( 1911 ) ; Norman Hapgood, Industry and Prog- 
ress (1911); H. S. Person and others, Labor 
Laws and their Enforcement (1911) ; Am. Year 
Booh, 1910, and year by year. 

Frederic J. Stimson. 

LABOR, SECRETARY OF. Upon the estab- 
lishment of the Department of Labor in 1913, 
the following Secretary was appointed: 
1913 (March 5—), William Bauchop Wilson. 

LABOR, WOMEN'S, LEGISLATIVE CON- 
TROL OF. Legislative control of women's 
work assumes three aspects: (1) the removal 
of limitations under which self-supporting 
women have labored in the past; (2) the regu- 
lation of working conditions to secure safety, 
decency, good order, and to prevent excessive 
physical strain; (3) legislative interference 
intended to furnish protection against economic 
exploitation. 

Legislation Removing Disabilities. — With 
the social and economic changes of the early 
and middle nineteenth century, the disabilities 



301 



LABOR, WOMEN'S, LEGISLATIVE CONTROL OF 



under which women suffered in the form of 
exclusion from the learned professions and gov- 
ernmental positions and, when married, from 
incapacity to control their property and to dis- 
pose of their earnings, became unendurable. 
The recognition of the right of married women 
to control their earnings is discussed else- 
where; but reference should be made here to 
the opening up to them of professional oppor- 
tunities. In some states these opportunities 
have been offered without legislation by judi- 
cial action during litigation (Re Leach, 134 
Indiana 665), in some without litigation, as in 
Kentucky ; in others, legislation has been found 
necessary (Bradwell vs. the State, 55 III. 535, 
16 Wallace 130 ) , and statutes have been enact- 
ed, as in Illinois and Washington, or amend- 
ments to the constitution adopted, .as in Cali- 
fornia, declaring that sex shall not constitute 
a disqualification for "any lawful business, 
vocation, or profession." 

Legislation Intended to Secure Decency, 
Good Order, etc. — From two forms of employ- 
ment women are often excluded. Underground 
work in mines has been, for a half-century, re- 
garded as an unsuitable employment for women, 
and is prohibited in fourteen states, Alabama, 
Arizona, Arkansas, Colorado, Indiana, Mary- 
land, Missouri, Oklahoma, Pennsylvania, 
Utah, Washington, West Virginia, and 
Wyoming. Similarly, objection is felt to 
the employment o f women and girls in 
places where alcoholic liquors are sold. The 
alliance between the saloon and the house of 
prostitution is a matter of common knowledge, 
and the presence of women as ostensible sales- 
women in the saloon is recognized as a device 
for securing patronage for the immoral estab- 
lishment. The form of control adopted has 
been the exclusion of women from establish- 
ments of this kind other than those conducted 
by members of their own family. Legisla- 
tion of this kind is found in Arizona, Connec- 
ticut, Iowa, Louisiana, Maryland, Michigan, 
Missouri, New Hampshire, New York, Ver- 
mont and Washington. In this connection, 
attention should be called to provisions 
commonly found in factory acts requiring ade- 
quate toilet accommodations and rest-rooms, 
and decent language on the part of foremen 
and overseers [see Del. Act (1897), 452, §§ 
1-5; III. Rev. Stats. (1911), 48, § 109; Minn. 
Act (1909), 499, §§ 3-6; N. Y. Consol. Laws 
(1909), 31, § 160; Ohio Gen. Code (1901), 
§ 1008 et seqJ] 

With these forms of control should be 
classed those provisions that require seats for 
women workers, that limit the length of the 
working-day, and prohibit night work. Legis- 
lation on the first point is found in all except 
nine states, Arkansas, Idaho, Mississippi, Mon- 
tana, Nevada, New Mexico, North Dakota, 
South Dakota and Texas, is universally ap- 
plicable to mercantile establishments, and, in 
other states than Alabama, Maryland, South 



Carolina, and Tennessee, to other kinds of 
establishment as well. 

The control over the working-day assumes 
two forms: (1) limitation of its length; 
(2) prohibition of night work. With refer- 
ence to the length of the working day, it may 
be said that industrial communities have come 
to an understanding that an unregulated work- 
ing-day cannot be safely allowed to women and 
girls even in those industries not attended 
with peculiar dangers to the health of the 
workers. It is now generally accepted that 
ten hours is the outside limit to be allowed, 
and Connecticut, Illinois, Kentucky, Mary- 
land, Massachusetts, Minnesota, Nebraska, 
New Hampshire, New Jersey, New York, North 
Dakota, Oregon, Rhode Island, South 
Carolina, South Dakota, Tennessee, and Vir- 
ginia, have set the ten-hour limit for women 
workers in certain employments. Michigan, 
Missouri, and Montana have enacted nine-hour 
laws; Arizona, California, Colorado, Washing- 
ton, Wisconsin, and Wyoming have adopted 
eight hours as the outside limit for the work- 
ing day of women wage-earners. Pennsylvania, 
however, has a twelve-hour limit; and Georgia, 
an eleven-hour day for all textile workers 
whether men or women. 

The prohibition against night work, which 
has likewise been adopted in most European 
countries, is found in Indiana, Massachusetts 
and Nebraska, and for young women under 
twenty-one years of age in New York. This 
legislation regulating the day's work and pro- 
hibiting night work has generally applied at 
first to manufacturing and mechanical estab- 
lishments, with which are commonly grouped 
laundries, because the work is similar in the 
use of machinery, the division of labor, and 
the heavy drain on the physical strength. Af- 
ter a law has been secured affecting these 
classes of establishments, the practice has been 
to secure amendments including mercantile 
establishments, hotels and restaurants, tele- 
phone and telegraph companies, and finally 
offices and public institutions. 

The special protection of child-life by the 
prohibition of women's work immediately be- 
fore and after child-birth, while a feature of 
the legislative program in many European 
countries, has as yet been enacted into law 
only in the two states of Massachusetts and 
New York. 

Regulation to Prevent Economic Exploita- 
tion. — The establishment of a legal minimum 
wage is the latest device adopted for the pro- 
tection of wage-earning women. Although pro- 
posed in several states, legislation has been 
as yet (May, 1913) enacted only in the 
state of Massachusetts, where a Minimum 
Wage Commission, consisting of three mem- 
bers is authorized, with power after July 1, 
1913, to call into existence wages boards in 
industries in which a considerable number of 
women workers are believed to be underpaid. 



302 






LABORATOKIES, PUBLIC RESEARCH— LAISSEZ FAIRE 



The determinations of these boards, if ap- 
proved by the Commissions, must after hear- 
ings be published. Notice should be taken 
of the fact that much legislation sought os- 
tensibly in the interest of the public health or 
of the workers' health, such as the ten-hour-day 
agitation, is really enacted in the belief that 
under conditions of modern industry the wom- 
en workers in other lines of employment than 
private service in the home are at a disad- 
vantage as compared both with their employers 
and with men wage-earners. Notice should 
also be called to the fact that the value of 
the legislation here referred to depends large- 
ly on the adequacy of the provision made for 
its enforcement through the creation and 
maintenance of a well-equipped, independent 
and courageous department of factory inspec- 
tion. 

See Employment Agencies; Factory In- 
spection; Sweatshops; Wages, Regulation 
of; Woman Suffrage; Women, Legal Rights 
of; and under Labor. 

References: E. Abbott, Women in Industry 
(1910); L. D. Brandeis and J. Goldmark, 
Women in Industry; Fatigue and Efficiency 
(1912); Muller v. State (1908); Ritchie v. 
the People ( 1909 ) ; People v. Elerding 
(1912); U. S. Bureau of Labor, Report on 
Condition of Woman and Child Wage-Earners 
in the U. S. (1910-1912); Am. Assoc, for 
Labor Legislation, Publications, 1907; Int. 
Assoc, for Labour Legislation, Quarterly Bul- 
letin, 1906, 89; U. S. Bureau of Labor, "Over- 
time and Night Work of Women," Bulletin 
No. 91 (1910) ; Oliver Schreiner, Women and 
Labor (1911) ; Am. Year Book, 1911, 337, 367, 
ibid, 1912, 423. S. R. Breckenridge. 

LABORATORIES, PUBLIC RESEARCH. 

Public research laboratories are of three kinds : 
(1) state and municipal, for investigations 
connected with health, industries, and natural 
resources; (2) federal, e. g., the Bureau of 
"Chemistry, Bureau of Standards; (3) those 
connected with state universities and state 
colleges, like the agricultural experiment sta- 
tions, supported by state or federal grants or 
by both. The last group is the most numerous, 
each of the 48 states receiving from the United 
States Treasury, under Acts of Congress of 
1887 and 1906, $30,000 annually for the work 
of these stations and their laboratories. 
Hawaii, Porto Rico, Alaska, and Guam are 
also provided for. Certain states maintain 
laboratories in connection with geological, bio- 
logical, and mine surveys, e. g., Wisconsin, 
North Dakota and Washington. Illustrations 
of special laboratories, some maintained by the 
state and some by the Federal Government, 
are those for hygiene (Wisconsin), for investi- 
gating tuberculosis (California), for bubonic 
plague and for malignant diseases like cancer 
(New York). Public research laboratories 
must not be confused with those charged with 



303 



routine tests, examinations, and analyses of 
milk, water, fertilizers, oil, gas, etc., under the 
direction of a state or municipal chemist, bac- 
teriologist, veterinarian, or health officer. See 
Education, Technical; Health, Public, Reg- 
ulation of; Observatories, Public. 

K. C. B. 

LA FOLLETTE, ROBERT M. Robert M. 
La Follette (1855- ), a native of Wisconsin, 
was admitted to the bar in 1880 and in 1884 
was elected as a Republican to represent the 
third Wisconsin district in Congress. In the 
House, where he served from 1885 to 1891, he 
was a member of the ways and means commit- 
tee, and in that capacity he contributed to 
the framing of the McKinley Tariff Act of 
1890. In 1890 he was defeated for reelection. 
He set himself resolutely to break down the 
party machine and to control the railroads. 
After failing, in 1896, and again in 1898, to 
obtain the gubernatorial nomination of his 
party, he was both nominated and elected in 
1900. He was reelected twice, in 1902 and 
1904; but, January 25, 1905, he was elected 
to the United States Senate, whereupon he re- 
signed the governorship. In 1911 he was re- 
elected for the term 1911-1917. La Follette has 
long been identified with the element which de- 
veloped into the "progressive" wing of the Re- 
publican party. It was under his leadership 
that the legislature of Wisconsin adopted, in 
1903, a measure for the taxation of railway 
property on the same basis and at the same 
rates as other property; in 1905, a law vesting 
in a public commission the regulation of rail- 
way rates within the state; and, in 1904, a 
primary election measure in accordance with 
which all nominations -within the state are 
made by Australian ballot. In 1912 he re- 
ceived 41 votes in the Republican national 
convention as a candidate for the Presi- 
dential nomination. See Initiative; Pro- 
gressives; Railroad Commissions, State; 
Referendum; Republican Party; Wisconsin. 
References: P. L. Allen, America's Awakening 
(1906), ch. iv; R. M. La Follette, "Autobiog- 
raphy" in Am. Magazine, LXVTI, 1910, 660- 
674, LXVIII, 1911, 3-15, 143-156; G. E. Roe, 
"La Follette and Representative Government" 
in Independent, 1908, LXIV, 717-725. 

F. A. 0. 

LAISSEZ FAIRE. The first use of this 
phrase to designate a form of government pol- 
icy is variously ascribed to the merchant Le 
Gendre, Boisguilbert, Marquis d'Argenson, and 
commonly to Gournay who completed it by 
adding laissez passer and popularized its use 
about the middle of the 18th century. It signi- 
fies "let do," "let make," meaning let each 
person make what he chooses, when, where and 
as he chooses; let there be complete industrial 
freedom. The addition, "laissez passer," "let 
pass," specifically emphasized the demand for 



LAKES, JURISDICTION AND NAVIGATION OF— LAKES TO THE GULF WATERWAY 



a similar freedom of movement for persons and 
for goods: *. e., commercial liberty. Laissez 
faire therefore designates the policy of non- 
interference by government with economic ac- 
tivities of its citizens. The phrase was coined 
in protest against regulations and restraints 
which, under the influence of mercantilism, 
governments had imposed on industries, occupa- 
tions and trade; and as a maxim it became a 
trenchant weapon to destroy them. Such 
measures as monopolies, apprenticeship and 
settlement acts, market regulations, navigation 
acts, corn laws, had survived the conditions to 
which they first applied. They not only result- 
ed in injustices, but also hampered the ap- 
plication of new inventions and methods to 
cheapen and increase production, enlarge mark- 
ets and promote general welfare. 

By urging on governments the laissez faire 
policy with view to removing these fetters on 
industry and trade, economists and liberal po- 
litical philosophers cleared the way for the 
industrial revolution. Unrestricted competi- 
tion was expected automatically to maintain 
harmony between individual and social inter- 
ests. But failure to realize this expectation 
caused, since about 1850, a reaction in which 
government is again striving by law to main- 
tain a basis for "fair" competition and for 
the conduct of what are now recognized as 
monopoly services, as, for instance, in the 
United States, labor laws, interstate commerce 
{see) regulation, Pure Food Law {see), Sher- 
man Anti-Trust Law {see), city light and 
transport services. 

See Competition; Economic Theory, His- 
tory of; Production. 

References: A. Oncken, Die Maadme Laissez 
Faire et Laissez Passer { 1886 ) , Geschichte der 
Nationalokonomic (1902), 273-275; H. C. 
Adams, "Relation of the State to Industrial 
Action" in Amer. Econ. Assn., Publications, I, 
N. 6 ( 1887 ) ; Adam Smith, Wealth of Nations 
Bk. IV., ch. ix; J. W. Garner, Intro, to Pol. 
Sci. (1910), 274-297, 320-321. 

E. H. VlCKERS. 

LAKES, JURISDICTION AND NAVIGA- 
TION OF. The boundary of the United States 
and Canada runs through the center of the 
four border lakes and their connecting chan- 
nels; consequently, jurisdiction over the lakes 
is shared by the two countries. Both countries 
have an interest in maintaining the natural 
level of the lakes in order to keep the water 
power at the Sault Ste. Marie and at Niagara 
undiminished, and in order that the depth of 
harbors and of the channels connecting the 
lakes may not be lessened. There is a perma- 
nent International Waterways Commission, 
consisting of three Americans and three Cana- 
dians, that has control of the use of the waters 
of the lakes for power and other purposes. 
Within the territory of the United States, 
navigation and shipping are subject to the 



same laws and regulations as prevail upon the 
other natural waterways in the United States 
{see Navigation, Regulation of; Navigable 
Waters). Each country provides the neces- 
sary aids to navigation at its own ports. 

In 1890, it was decided to dredge the harbors 
and connecting channels to a depth of 21 feet 
so as to accommodate vessels with a draft of 
20 feet. The canal and locks at the Sault Ste. 
Marie have been enlarged to meet these stand- 
ards {see Canals). According to the census 
of 1890, the tonnage of shipments on the Great 
Lakes for the year 1889 was 25,266,974 short 
tons; the census of 1906 reported the tonnage 
of shipments to be 75,609,649 short tons; dur- 
ing the year 1910, the traffic of the Great Lakes 
amounted to 84,414,636 short tons. In 1880, 
there were 3,127 vessels on the Great Lakes 
with a total documented tonnage of 605,102; 
in 1910, 3,273 vessels with a tonnage of 2,895,- 
102. Most of this tonnage consisted of steam- 
ers which, in 1910, numbered 2,107 and had a 
tonnage of 2,508,469 tons. The lake fleet, taken 
as a whole, is the most efficient portion of our 
merchant shipping. 

The traffic of the Gre'at Lakes is handled by 
four kinds of carriers: 

(1) Steamers of about 5,000 tons cargo ca- 
pacity, operated as lines for the handling of 
package freight, and, to some extent, for the 
transportation of passengers. Vessels similar 
to these are operated by independent carriers 
chiefly for the transportation of lumber and 
grain. 

(2) Barges, which consist in part of small 
craft used for moving various kinds of bulk 
traffic from one port to another. Large steel 
barges are also used for carrying ore down the 
lakes. 

(3) Bulk cargo steamers used mainly for 
the transportation of ore. The largest of these 
bulk carriers can transport from 12,000 to 
14,000 tons of ore. 

(4) Sail craft, mostly schooners, now much 
reduced in importance. 

See Area of the United States; Com- 
merce, American, Movement of; Great Bri- 
tain, Diplomatic Relations with; Harbor 
Systems; National Waterways Commis- 
sion; Navigation, Regulation of; Physiog- 
raphy of North America; River and Har- 
bor Bills; Shipping, Regulation of. 

References: E. R. Johnson, Ocean and Inland 
Water Transportation (1906), Elements of 
Transportation (1909). E. R. Johnson. 

LAKES TO THE GULF WATERWAY. In 

1889, the legislature of Illinois adopted resolu- 
tion advocating the establishment, by the Fed- 
eral Government, of a 14-foot waterway from 
Chicago to the gulf. The project was given 
an impetus by the contruction by the city of 
Chicago of the Chicago drainage canal {see 
Canals) which was completed in 1900. This 
waterway is 22 feet deep, has a width of 158 



304 



L'AMISTAD CASE— LAND GRANTS 



feet on the bottom and 244 feet at the surface, 
and extends 27 miles from the Chicago River 
at a point six miles from Lake Michigan, to 
Lockport on the Desplaines River, a tributary 
of the Illinois River. Should the United States 
carry out the Lakes-to-the-Gulf project, the 
drainage canal would be incorporated in the 
waterway. 

The River and Harbor Act of June 13, 1902, 
authorized the survey of a 14-foot waterway 
project from Chicago (Lockport) to St. Louis; 
and, in 1905, the engineers reported that such 
a waterway could be constructed for $30,000,- 
000, and could be maintained by an annual 
expenditure of $310,000. The River and Har- 
bor Act of 1907 provided for the survey of a 
14-foot channel from St. Louis to the Gulf. 
It was found that the cost of such a channel 
would be $128,600,000, and the maintenance 
expenses would be $6,500,000 annually. Thus, 
the first cost of a 14-foot waterway from the 
Chicago Drainage Canal to the Gulf would be 
$158,000,000, and the annual maintenance 
charges would be nearly $7,000,000. 

The board of 1907-09 recommended a 9-foot 
instead of a 14-foot channel. The reasons 
advanced in support of the 9-foot depth were 
as follows : ( 1 ) A 14-foot waterway would not 
be suitable for existing lake or ocean vessels. 
A river channel would not be used by lake and 
ocean vessels which "are poorly constructed 
for navigating a tortuous river with a swift 
current. . . . The ratio of length to beam 
is too great and the rudder power insufficient." 
(2) The project for the Ohio River provides 
for a low-water depth of 9 feet. (3) The de- 
mands of commerce would be met by a 9-foot 
barge canal. The views of the board were 
approved by the board of engineers for rivers 
and harbors, and were also concurred in by 
the chief of engineers. 

Nevertheless, the River and Harbor Act of 
1910 appropriated $50,000 for further surveys 
in connection with the 14-foot project, and 
$1,000,000 to begin the work of construction, 
provided the project should be found feasible. 
The surveys required by the act of 1910 were 
in progress during 1911. 

See Canals and other Artificial Water- 
ways; Lakes, Jurisdiction and Navigation 
of; National Waterways Commission. 

References: "Report on Survey of Missis- 
sippi River" in House Exec. Doc., 61 Cong., 1 
Sess., No. 50 (1909); "Report on Survey of 
Waterway from Chicago to St. Louis" in House 
Exec. Docs., 59 Cong., I Sess., No. 263 (1905). 

E. R. Johnson. 

L'AMISTAD CASE. In 1839 a vessel bound 
from one Spanish-American port to another 
was seized by slaves on board and brought 
within the coast waters of the United States. 
It thus became the subject of international 
diplomacy, turning upon the question whether 
the American court could dispute the state- 



ment of the ship's papers that these persons 
were slaves. The federal courts took jurisdic- 
tion and discharged the negroes, on the ground 
that under the Spanish law they were not 
slaves. See Slave Trade; Spain, Diplomatic 
Relations with. References: H. von Hoist, 
Hist, of the U. S. (1879-1892), II, 322-329; 
bibliography in A. B. Hart, Manual, § 80 (lect. 
52) ; J. B. Moore, Arbitrations (1898), I, 391- 
425. A. B. H. 



LAND AND REAL ESTATE TAX. 

Tax, Land and Real Estate. 



See 



LAND BANKS, COLONIAL. During the 
earlier colonial period there was great lack 
of capital in loanable form. Specie was scanty 
in the country, and wealth was largely in real 
estate or land. Various projects were there- 
fore planned to organize land banks whereby 
bills of credit might be loaned on real estate 
security. The most notable private banking 
scheme of this nature was projected in Massa- 
chusetts in 1740. Each subscriber to the bank's 
stock was to furnish mortgage security for his 
loan, on which interest was to be paid; and 
the loan was to be gradually liquidated by the 
annual payment of proportionate parts. In 
1741 its operations were checked inasmuch as 
the plan was contrary to the provisions of the 
"Bubble" Act enacted, by Parliament in 1740. 
See Paper Money in the United States. 
References: A. M. Davis, "Banking in the 
Province of Massachusetts Bay" in Am. Econ. 
Assoc, Publications, Ser. 3, II (May, 1901), 
No. 2; D. R. Dewey, Financial History of the 
United States (1907), 24-27. D. R. D. 



LAND, CONDEMNATION OF. 

demnation of Land. 



See Con- 



305 



LAND GRANTS. Although exact statistics 
are impossible of compilation it is estimated 
that the amount of land granted by the L T nited 
States without direct return has reached about 
500,000,000 acres, or more than two and a 
half times the area of the original thirteen 
states. These grants have been made to in- 
dividuals, to states and territories, and to 
corporations. 

To Individuals. — Of the former, the largest 
in amount are the homestead {see), amounting 
to 127,846,424 acres in 1912. Next in amount 
are the bounties for military service which 
cover 68,796,510 acres (see Bounties to 
Soldiers and Sailors ) . Even before the pub- 
lic domain existed Congress promised land 
grants to officers and men enlisting in the 
regular forces during the Revolution. Bounties 
in land were also offered for the War of 1812 
and the Mexican War. In 1850 and 1855 more 
liberal provision was made for service in the 
various prior wars and under the latter act 
almost half the total military warrants were 
issued. Congress also satisfied Virginia bounty 



LAND OFFICE OF THE UNITED STATES 



grants to the extent of some 2,500,000 acres. 
Other grants to individuals were the donations 
to settlers in Florida (1842), Oregon (1850), 
Washington (1853), and New Mexico (1854), 
which called for over 3,000,000 acres. Further 
legislation of this nature was rendered un- 
necessary by the Homestead Act of 1862. 
Special grants to individuals have been surpris- 
ingly rare. 

To States. — The grants to the states have 
covered many objects. Largest in amount have 
been the grants for common schools (see Ed- 
ucational Land Geants), 81,064,300 acres. 
Second in area are the grants of swamp-lands. 
Under the theory that the states could best 
reclaim the swamp-lands within their limits 
and thus increase the value of the remaining 
land, the act of 1849 granted to Louisiana all 
the swamp or overflowed lands that were unfit 
for cultivation. The next year a similar grant 
was made to all the public-land states. The 
proceeds realized by the states from the lands 
were to be devoted to reclamation. Where 
swamp-lands had been sold a cash indemnity 
was allowed the state, and where they had been 
located under warrants or scrip an equivalent 
in land was allowed. By 1909, 66,554,804 
acres had been approved. 

Grants have been made to the states for 
specific purposes for internal improvements, 
including canals, 4,598,668 acres; wagon-roads, 
3,055,928 acres; river improvements, 2,245,252 
acres; and railroads, 37,864,726 acres. The 
period of the canal grants extends from 1827- 
1866; wagon-roads, 1827-1869; river improve- 
ments, 1828-1846; railroads, 1850-1872. The 
theory of all these grants was that the state 
could supervise the construction of the im- 
provements better than the central Govern- 
ment, while the reservation of the alternate 
sections along the right-of-way indicates that 
the Government expected to equalize its returns 
through the increase in land values. These 
lands were turned ovei by the states to the 
companies on various terms. Other grants 
to the states have been for general internal 
improvements, 12,651,482 acres; charitable, 
educational, penal, and reformatory institu- 
tions, 12,089,464 acres; public buildings, 1,362,- 
731 acres; salines, 606,045 acres; desert land 
under the Carey Act of 1894, 473,999 acres to 
1912. Only one grant has been made to the 
non-public-land states, that being the grant 
of scrip for agricultural colleges in 1862. The 
New Mexico and Arizona enabling act of June 
20, 1910, is the latest example of federal grants 
to a proposed state. For schools New Mexico 
received 8,600,000 acres, and Arizona 8,100,000. 
Each proposed state received, in addition, 
2,350,000 acres for educational, penal, and re- 
form institutions, and the payment of certain 
bonds. New Mexico had previously been grant- 
ed 1,343,080 acres. 

Grants to Corporations. — Such grants have 
been made for the construction of railroads. 



Since transcontinental railroads were projected 
through the territories, the usual state grants 
could not be made. In 1862 grants were made 
directly to the Central, Union, and Kansas 
Pacific railroads. These included a right of 
way and five alternate sections on each side 
for each mile of road. This grant was doubled 
in 1864. Similar grants were made to nine 
other corporations, the Northern Pacific and 
the Atlantic and Pacific receiving twenty sec- 
tions per mile in the states and forty in the 
territories. It was generally provided that 
lieu land, in exchange for any already disposed 
of, could be selected within the indemnity lim- 
its, which varied from twenty to forty miles 
on each side. The even-numbered sections were 
held at a double minimum price. Conditions 
as to the completion of the roads, and, in some 
cases, as to the disposal of the granted lands, 
were attached to these grants. The period for 
construction was in many cases extended, but 
some forfeitures were eventually declared. It 
has been estimated that only about half the 
railway mileage to which the grants applied 
was built within the time required by the acts. 
The largest grant was that to the Northern 
Pacific, estimated at 33,294,334 acres. To June 
3D, 1912, the lands certified or patented to rail- 
road corporations amounted to 77,609,259 acres. 

See Canals and other Artificial Water- 
ways; Cessions by States; Public Lands; 
Railroads. 

References: Thomas Donaldson, Public Do- 
main (1884) ; J. B. Sanborn, Congressional 
Grants of Land in Aid of Railways (1899) ; 
P. J. Treat, National Land System, 1785-1820 
(1910), 230-285. P. J. Treat. 

LAND OFFICE OF THE UNITED STATES. 

The General Land Office was organized as a 
bureau of the Treasury Department under the 
act of April 25, 1812. On the creation of the 
Interior Department on March 3, 1849, it was 
transferred to that department, and is today 
one of the eight bureaus under its control. 

Under the law, the Commissioner of the Gen- 
eral Land Office shall perform, under the direc- 
tion of the Secretary of the Interior, all executive 
duties appertaining to the surveying and sale 
of the public lands of the United States, or in 
anywise respecting such public lands, and, also, 
such as relate to private claims of land, and the 
issuing of patents for all grants of land under 
the authority of the Government. 

The General Land Office is, therefore, one of 
the most important bureaus of the Federal Gov- 
ernment. Its records cover the survey and 
disposition of the public domain. At the pres- 
ent time it is organized in 15 divisions and 
employs some 1,419 officials. In these divisions 
important questions of law arise which are 
determined either by the commissioner, with 
the assistance of a board of law review, or, 
on appeal, by the Secretary of the Interior. 
There is no direct appeal to the courts. Ques- 
tions regarding boundaries, entries, locations, 
cultivation improvements, forfeitures, assign- 



306 



LAND EECORDS— LATIN AMERICA 



ments, are but some of many. The construc- 
tion of foreign and Indian treaties is at times 
involved. Countless difficulties arise regarding 
the great railroad and state grants, private 
land claims, bounty-land warrants and loca- 
tions, Indian allotments, and scrip locations. 
With very few exceptions the purchase, location 
or entry of land is made through the local land 
offices. Four of these were established in Ohio 
in 1800, and others have been from time to 
time established and closed as lands were 
placed on sale. At present there are 100 dis- 
trict land offices in the United States and three 
in Alaska. These offices are in charge of a 
register and a receiver. The district land of- 
fices in Ohio, Indiana, and Illinois were closed 
in 1876, and in Iowa in 1910, but offices still 
exist in all the other public land states and 
territories. Surveys of public lands are made 
under the direction of this office. The first 
surveys, 1785-8, were performed under the 
geographer of the United States. A surveyor- 
general for the territory northwest of the Ohio 
was appointed in 1796, and surveyors for vari- 
ous areas at later dates (see Surveys of 
Land). In 1822 the practice of appointing a 
surveyor-general for each state originated. At 
present twelve surveying districts exist in the 
United States and one in Alaska. The field 
notes of the surveys and the township plats 
are preserved in the General Land Office. The 
tract books, on which the details of entry, 
filing, etc., are noted "constitute an index as 
to the disposition of all the public lands." 
For the protection of the public lands a field 
force is engaged, under this office, in the in- 
vestigation of timber trespass, unlawful en- 
closure, fraudulent entry, and other offenses 
against the land laws. See Land Grants; 
Patents to Land; Public Lands. References: 
Thomas Donaldson, Public Domain (1884), 
164-177; Public Land Commission, Report, 
1905, 126-137. P. J. T. 

LAND RECORDS. In all the states a pub- 
lic record is kept of documents affecting titles 
to real estate; and such documents must 
be officially recorded to be valid against an 
innocent third party. This system of public 
records has developed in America. At com- 
mon law in England there was no obliga- 
tion to record conveyances affecting titles 
to land. The Statute of Enrollments (27 
Henry VIII, c. 16) for the registry of bar- 
gains and sales was largely ignored; and 
while several recording acts for local dis- 
tricts in England were passed early in the 
eighteenth century, no general system of land 
registration was established in that country 
until 1875. 

Public records of land, conveyances were 
early introduced in New England and other 
colonies before the first of the English local 
acts; and they were well established in most 
of the colonies before the Revolution. These 



public records are now the recognized basis 
for determining title to land. 

The documents recorded vary to some extent 
in the different states; but regularly include 
warranty and quitclaim deeds of sale, mort- 
gages and satisfaction of mortgages, notices 
of liens, easements, and other instruments. 
Some documents affecting titles to land are, 
however, recorded elsewhere than the local 
record office — such as United States patents, 
tax liens, judgments and legacies. 

Exact copies of the various documents are 
made, usually written, and bound in large 
volumes, which form a bulky collection, 
especially in counties containing large cities 
where- there are many transfers of small 
parcels of land. Usually indexes are pre- 
pared, but these vary a good deal in detail 
and usefulness; and at best the task of 
searching the records to verify the titles to 
any piece of land is a tedious and expensive 
process. To avoid the expense and delay of 
repeated examinations of the records for each 
transfer or mortgage, abstract and title guar- 
anty companies have been formed who pre- 
pare abstracts of the records. 

As the recorded documents only establish a 
presumptive title and are not conclusive evi- 
dence, there is generally some risk of defects 
in titles being disclosed. To meet these diffi- 
culties several states have now provided for 
an official determination and registration of 
land titles, known as the Torrens System. 

See Cessions by States; Public Lands 
and Public Lands Policy; Recorder of 
Deeds; Torrens System. 

References: Britain R. Webb, Record of 
Title (1890) ; J. H. Brewster, Conveyancing 
(1904), ch. xxix. John A. Fairlie. 

LANDSLIDE. A term used to denote any 
conclusive victory or defeat, especially the 
overwhelming defeat of the party in power 
by the opposing party, resulting from a great 
revulsion in public opinion, of which the 
Democratic "landslide" of 1890, and the Re- 
publican "landslide" of 1896 are typical ex- 
amples. See Tidal Wave. 0. C. H. 

LATIN AMERICA. This term as accepted 
today applies only to the areas of the inde- 
pendent republics of the western hemisphere, 
exclusive of the United States, twenty in all. 
It signifies, therefore, Mexico, Guatemala, 
Salvador, Honduras, Nicaragua, Costa Rica 
in Central America; Panama; Cuba, Haiti 
and Dominican Republic in the West Indies; 
Argentina, Bolivia, Brazil, Chile, Colombia, 
Ecuador, Paraguay, Peru, Uruguay, Venezuela, 
in South America. Spanish is spoken in these 
republics except Brazil, where Portuguese is 
the national language, and Haiti, where 
French is national. California, Louisiana, 
Florida, the Guianas, British Honduras, many 
of the West India islands and Canada, were 



307 



LAURENS, HENRY— LAW, ADMINISTRATION OF, BY THE COURTS 



settled by Latin races, but are not within the 
term Latin America. See Central Ameri- 
can Diplomacy; Pan American Congresses; 
and under countries by name. References: H. 
H. Bancroft, Hist, of Mexico and Central Am. 
(1883-88); T. C. Dawson, South Am. Re- 
publics (1903-04); Albert Hale, The South 
Americans (1907) ; H. Bingham, Across South 
Am. (1904); Arthur Ruhl, The Other Ameri- 
cans (1908) ; C. E. Akers, Hist, of South Am. 
(1912); F. D. and A. J. Herbertson, Central 
and South America with the West Indies 
(1902) ; A. H. Keane, Central Am. and West 
Indies (1901). J. B. 

LAURENS, HENRY. Henry Laurens was 
born at Charleston, S. C, 1724, and died in 
1792. After retiring from business, he went 
to England to educate his sons and was one 
of the thirty-eight Americans in London who 
signed the petition to Parliament to dissuade 
them from passing the Boston Port Bill. Re- 
turning to Charleston, he was chosen a mem- 
ber of the first provincial council of South 
Carolina and drew up a form of association 
to be signed by all the friends of liberty. 
Elected a delegate to the Continental Con- 
gress, in 1776, he became president of that 
body upon the resignation of John Hancock, 
November 1777, and served in that office until 
December 11, 1778. He steadily opposed the 
issuing of paper money without a system of 
taxation for its security. While on his way 
to Holland, having been appointed minister to 
that country for the purpose of negotiating 
a treaty and obtaining a loan, he was captured 
by a British vessel and taken to London where 
after a trial for high treason he was im- 
prisoned for fifteen months. After his release, 
he was appointed one of the five commissioners 
to negotiate a treaty of peace with Great 
Britain at Paris, and signed the preliminaries, 
November 30, 1782. See France, Diplomatic 
Relations with; South Carolina. Refer- 
ence: Francis Wharton, Diplo. Correspon. of 
the Am. Revolution (1889), I, 172, 173. 

J. A. J. 



LAW. In denning the law, Professor J. C. 
Gray has said, in the juridical sense, "the law 
of the state or of any organized body of men 
is composed of the rules which the courts, that 
is, the judicial organs of that body, lay down 
for the determination of legal rights and 
duties." This, it is to be noticed, is a defini- 
tion of the law, not of a law. The law is the 
whole system of rules applied by the courts. 
This may conveniently be termed the abstract 
sense of the word law. Thus we speak of the 
law of England, the law of contracts, etc. 
It is this use of the term law that we are 
concerned with here. On the other hand, to 
speak of a law is to make a concrete use of 
the term law. A law means a statute, enact- 
ment, ordinance or exercise of legislative au- 

308 



thority and is merely one of the sources of 
the law. 

Two other uses of the word law 
must be distinguished from the law in the 
juridical sense. First, in the physical sciences, 
law is used to mean deductions from human ex- 
perience in the course of events. Thus we 
speak of the law of gravitation. Second, by 
natural law or law of nature, legal writers 
mean principles which philosophy and ethics 
require as those which should govern human 
actions, and hence as those with respect to 
which Tules of human conduct ought to be 
framed. 

But how do the courts, or the judges who 
compose them, determine these rules which 
make up the law of the state or the body of 
which they are officials? Can they arbitrarily 
lay down these rules? No; they are compelled 
to determine these rules from five definite 
sources of law: (1) statutes, or the formal ut- 
terances of the legislative body of the state, 
such as statutes of one of the United States, 
acts of Congress, or of Parliament; (2) judicial 
precedents, that is previous decisions of the 
same or of other judicial bodies administering 
a similar body of law. Thus an English court 
ordinarily follows previous decisions of itself 
or of an English court of coordinate jurisdic- 
tion, and may, though it is not obliged to, 
follow previous decisions of state or federal 
courts in the United States; (3) the opinions 
of experts, ordinarily communicated through 
the medium of text books, such as Blackstone's 
Commentaries; (4) mercantile or other cus- 
toms of the community; (5) principles of mo- 
rality and equity. The above definition of 
the law is that held by the analytical jurists 
who contend that the law is truly a creation 
of the courts. Another view which is widely 
held is that, although law is what the judges 
rule, and is identical with what they rule, it is 
not the law because they lay it down, but they 
lay it down because it is the law. In other 
words the judges are the discoverers, not the 
creators of the law; and it is true that this 
is the deprecatory way in which the judges 
themselves speak of their function. Never- 
theless the view first expressed above is not 
only capable of clear statement, but appeals 
to one's observation of what actually happens 
as the law develops and grows from decision 
to decision of the courts. 

See Equity; Jurisprudence; Law; Legisla- 
tion; Revised Statutes. 

References: J. C. Gray, The Nature and 
Sources of the Law ( 1909 ) , chs. iv, viii-xiii ; 
J. C. Carter, Law, Its Origin, Growth and 
Function (1907), passim; W. Blackstone, Com- 
mentaries on the Laws of England (W. G. 
Hammond, Ed., 1890), introd. J. W. 



LAW, ADMINISTRATION OF, BY THE 
COURTS. The Judicial Function.— The judi- 
cial tribunals of a country exist for the ad- 



LAW, ADMINISTRATION OF, BY THE COURTS 



ministration of justice, that is, for the appor- 
tionment to parties litigant before them of 
their respective legal rights and obligations. 
This apportionment, however, is one dictated 
not by the opinion of the presiding judges as 
to the rights of those parties as determined 
by considerations of economic or political ex- 
pediency or by general doctrines or individual 
estimates of moral desert. The courts in their 
decrees are, in principle at any rate, con- 
trolled by existing rules of law — they admin- 
ister not justice in the abstract, but justice 
according to law. This law they find embodied 
in various forms. In European countries they 
find it for the most part contained in formal 
compilations of statutory provisions termed 
codes. When they are able to find no applicable 
provision in these written instruments they are 
permitted and indeed directed to resort to gen- 
eral principles of jurisprudence. This of course 
gives, in such instances, a wide discretionary 
judgment to the adjudicating justices, but, 
even here, it is one which is to be exercised in 
accordance with principles of law rather than 
of expediency or abstract moral right. In the 
United States, as in England, but a small part 
of the law which is to guide the courts is 
found in legislative enactments, whether in the 
form of codes or of separate statutes. The 
great body of the law is what is known as 
common law {see Law, Common), and is found 
embodied in earlier decisions of the courts of 
the same or of superior jurisdiction {see Cases, 
Significance of; Stare Decisis). This body 
of common law is sometimes termed unwritten 
law in that it has not received definite forma- 
tion by the state. It is, however, written in 
the sense that the decisions of the courts in 
which it is embedded are written and printed. 
The common law as it had been developed in 
England prior to the 1776, was adopted, mu- 
tatis mutandis, by the American colonies and 
since then has continued to constitute what 
may be termed the foundation or substratum 
of the law of the several states of the Union. 

Federal and State Sources of Law. — This 
law has been, and still is, subject to alteration, 
or addition to, by statutory enactments, but 
it still furnishes the substantial source of the 
legal rights of life, liberty and property. This 
applies, however, only to the law of the states. 
There is no federal common law. The law of 
the United States, as distinguished from that 
of the states, is exclusively composed of the 
Constitution (Art. VI, If 2) and the treaties 
entered into and the laws enacted in pursuance 
thereof. The federal courts, have, however, 
a very considerable jurisdiction based upon the 
character of the parties to a suit, and in such 
suits are called upon to interpret and apply 
state law. both statutory and common. In 
certain of these cases, and especially in those 
involving general principles of commercial law, 
the federal courts exercise their own independ- 
ent judgment as to what is the state law, un- 



controlled by what the state courts may have 
previously determined. Upon the other hand 
the state courts are constantly called upon, in 
the cases coming before them, to interpret and 
apply federal law. This they do not only in 
those cases in which they have a jurisdiction 
concurrent with that of the federal courts, but 
in all other cases in which the rights litigated 
are dependent upon or limited by federal law. 
This they are compelled to do by reason of the 
fact that the federal law is not, within the 
states, a foreign law, but is in truth as much 
a part of the law of each state as is the com- 
mon and statutory law of that state, and, in- 
deed operates to supersede that law when in 
regulation of the same subject. Thus, as the 
Supreme Court in the case of Claflin vs. House- 
man (93 U. 8. 130) has said: 

The laws of the United States are laws of the 
several States, and just as much binding on the 
citizens and courts thereof as state laws are. The 
United States is not a foreign sovereignty as re- 
gards the several States, but is a concurrent, and, 
within its jurisdiction, paramount sovereignty. 
Every citizen of a State is a subject of two dis- 
tinct sovereignties, having concurrent jurisdiction 
in the State ; concurrent as to place and persons, 
though distinct as to subject-matter. Legal or 
equitable rights, acquired under either system of 
laws, may be enforced in any court of either sov- 
ereignty competent to hear and determine such 
kinds of rights and not restrained by its Consti- 
tution in the exercise of such jurisdiction. Thus 
a legal or equitable right acquired under state laws 
may be prosecuted in the state courts, and also, 
if the parties reside in different States, in the 
Federal courts. 

The same point is made by Justice Shiras in 
the case of Murray vs. C. & N. W. R. R. Co. 
(62 Federal Reporter 24) where he says: 

The duty of the courts is to explain, apply, and 
enforce the existing law in the particular cases 
brought before them. If the law applicable to a 
given case is of federal origin, the legislature of 
the State cannot abrogate or change it. but the 
courts of the States may apply and enforce it ; 
and hence the fact that a given subject, like inter- 
state commerce, is beyond legislative control does 
not ipso facto, prevent the courts of the State 
from exercising jurisdiction over cases which grow 
out of this commerce. 

In addition to federal and state law, common 
and statutory, the courts have frequently to 
apply principles of law drawn from the general 
practice of foreign nations. This is true in 
the fields of admiralty and maritime jurispru- 
dence, over which the federal courts have ex- 
clusive jurisdiction, and in all cases involving 
an application of the principles of international 
law. In either of these cases, however, a fed- 
eral statute in regulation or definition of the 
same subject is held competent to amend or 
annul the general practice of nations. (See 
especially, Eudd vs. Heart, 21 Wall. 558, and 
the Paquete Habana, 175 U. 8. 677.) 

See Cotjets, Federal; Cocbts, Fedekal, 
Jurisdiction of; United States as a Federal 
State. 

References: D. K. Watson, Constitution of 
the U. 8. (1910) ; W. W. Willoughby, Consti- 
tutional Law of the U. 8. (1910). 

W. W. Willoughby. 



309 



LAW, ADMINISTRATIVE 



LAW, ADMINISTRATIVE. Definition.— 

Administrative law is a term which has not 
as yet been fully adopted in the terminology 
of Anglo-American law. Originally a mere 
translation of the French devoit administratis, 
it was regarded by most English writers as in- 
applicable to any of the properly recognized 
branches of English law. For it was regarded 
as based "upon the French conception of the 
irresponsibility of administrative officers which 
has in most cases been repudiated by the Eng- 
lish law. The French principle of official ir- 
responsibility was, however, merely a doctrine 
of the French administrative law, and its repu- 
diation by the English law did not carry with 
it the result that there can be no administra- 
tive law in countries where the English law 
prevails. For every country having a law regu- 
lating the administration of government must 
have an administrative law unless governmen- 
tal authorities are uniformly treated as in- 
dividuals whose conduct is regulated by the 
ordinary rules of the private law. 

Distinguished From Constitutional Law. — 
Administrative law, as the term has long been 
used in France and as it is beginning to be used 
both in England and this country, is then, that 
part of the law which regulates the administra- 
tion of government. It is to be distinguished 
from constitutional law, in that that part of 
the law has primarily to do with the organiza- 
tion of government while administrative law 
has to do with the functions or activities of a 
government organized already. Problems of 
government organization are thus constitu- 
tional in character. Problems of government 
functions are rather administrative in charac- 
ter. But while thus from the point of view of 
scientific legal classification problems of gov- 
ernment organization are constitutional rather 
than administrative in character, administra- 
tive law practically has to treat of many prob- 
lems of government organization. For the ordi- 
nary writer on constitutional law has usually 
been satisfied to treat of the more important 
problems of government organization. He has 
confined his attention to the problems of or- 
ganizing the chief executive authority and the 
eupreme legislative authority in the state and 
of describing their reciprocal relations. He 
has done so because, in most cases where writ- 
ten constitutions have existed, those instru- 
ments have confined themselves to organizing 
these, the most important political authorities, 
and have left the rest of the governmental or- 
ganization to be worked out by the acts which 
the legislature was recognized by the constitu- 
tion as having the right to pass. 

The laws thus passed by the legislature in 
framing the detailed organization of the gov- 
ernment have not usually been regarded as con- 
stitutional in character because they are not 
contained in the constitution. In this way 
rules of law not contained in written constitu- 
tions which govern the detailed organization 



of government are included within the field of 
administrative law, although they deal with 
government organization rather than with gov- 
ernment activity. Administrative law is gen- 
erally conceived of as including that part of 
the law having to do with the detailed organi- 
zation of the government. In so far as ad- 
ministrative law has to do with problems of 
government organization it may be said to 
supplement constitutional law. 

Organization of Executive Departments. — In- 
asmuch as, as has been pointed out, constitu- 
tional law treats merely of the problems of 
organizing the more important governmental 
authorities and regulates their reciprocal rela- 
tions, administrative law has to deal with an- 
other problems of governmental organization. 
It has thus to deal with the problems of or- 
ganization connected with the great executive 
departments which are to be found in all 
modern governments. Inasmuch as government 
organs are established for the discharge of 
functions, the functional activities of a govern- 
ment must have an effect upon the organization 
of that government. The functional activities 
of all modern governments are, however, so 
similar that they may without difficulty be 
grouped under the same general heads, which 
are five in number. 

In the first place every modern government 
must enter into relations with other govern- 
ments. For the carrying on of these relations 
we usually find a department or ministry called 
the department of foreign affairs. 

In the second place every modern government 
must have for its protection against both for- 
eign aggression and internal disorders a mili- 
tary force. For the administration of this 
force we find a department of war, which, 
where the geographical conditions of the coun- 
try make it desirable, is entrusted with the care 
of the land forces merely, the marine force of 
the country being put in the charge of another 
military department called the marine or navy 
department or, as in England, the admiralty. 

In the third place every modern government 
must organize courts. The administration of 
these courts makes desirable in most cases the 
establishment of a Department of Justice. 

In the fourth place the carrying on of gov- 
ernmental activities necessarily involves pro- 
vision for financial resources, and the manage- 
ment of these resources makes necessary the 
organization of a fourth department, which is 
sometimes called the treasury or exchequer or 
the finance department. 

Finally every government must in addition 
to carrying on foreign relations, and caring for 
its military and judicial affairs and its finan- 
cial resources, enter upon a series of activities 
which are undertaken for the purpose of pro- 
moting the public welfare of its people, and 
which may be clearly differentiated from those 
already enumerated. These activities are of 
two general classes. Either they result in im- 



310 



LAW AND ORDER LEAGUES 



posing limitations upon the individual's free- 
dom of action, in the interest of the community 
as a whole, or they consist in offering to the 
individual an opportunity which he would prob- 
ably not have, did the government not act. An 
example of the first class of activities is to be 
found in the care which the government takes 
of the public health by imposing upon the in- 
dividual the duty to be vaccinated or by quar- 
antining persons affected with contagious dis- 
eases. An example of the second is to be found 
in the carrying of the mails or in the provision 
of public schools. For discharging these activi- 
ties we find usually not one but a series of de- 
partments. In the first place we usually find 
a home department or department of the in- 
terior which attends to the discharge of one or 
more of the functions described. Again we find 
a department of the posts or one of agriculture 
or commerce. The number of departments 
varies with the number of activities on which 
the given government has entered. In the 
United States national government we find ten 
executive departments, viz.: state, war, navy, 
treasury, justice, post office, interior, agricul- 
ture, commerce, and labor (see Cabinet; 
Executive Departments, also departments 
by name ) . 

Functions of Authorities. — The administra- 
tive law of a country treats of the organization 
in detail of all these departments and services. 
But inasmuch as every country of any size must 
have local institutions the administrative has 
to do with the organization of those institu- 
tions as well. 

It has been said that from the point of view 
of scientific legal classification administrative 
law has to do with functions rather than with 
organization. The administrative law has to 
do therefore with the functions and powers of 
all the authorities, central and local, provided 
by the organic laws of a country. Some of the 
recognized branches of the law which may be 
regarded as parts of the administrative law 
are the postal law, the law of taxation, the 
law of officers, the law of public or municipal 
corporations, the school law and the public 
health law. 

Remedies. — Finally, in so far as the admin- 
istrative law sets forth the powers of adminis- 
trative officers and authorities it lays down 
limits beyond which such officers and authori- 
ties may not go in their dealings with private 
individuals. In order, however, to keep ad- 
mistrative officers from exceeding those limits, 
remedies must be provided, through which in- 
dividuals aggrieved may protect their rights. 
Where the administrative system is highly cen- 
tralized, the remedy may consist in the right 
to appeal from the decision of a subordinate 
to a superior administrative officer. Such ad- 
ministrative appeals are naturally regulated by 
the administrative law since they affect the 
functions or powers of the officers to whom the 
appeal is taken. In some cases the system of 



311 



administration is not centralized. In others an 
administrative appeal is an ineffective remedy. 
In such cases remedies of a somewhat judicial 
character are provided. In so far as these rem- 
edies consist of appeals to judicial bodies, it 
might be said that they form a part of the 
ordinary system of remedial justice and that 
therefore the administrative law was not con- 
cerned with them. As a matter of fact, how- 
ever, the relations of government officers and 
individuals are so peculiar in their nature — for 
one party to the relation i. e., the government, 
represents the majesty of the state — that spe- 
cial remedies are usually provided in these 
cases. As a result, remedies against adminis- 
trative action even where they consist of ap- 
peals to judicial bodies, are regarded as a con- 
cern of administrative law. 

Summary. — Administrative law is then that 
part of the law which regulates : ( 1 ) the 
organization of government in so far as that 
has not been fixed by the Constitution; (2) 
the powers, duties and activities of executive 
and administrative officers and authorities en- 
gaged in the discharge of the functions which 
the state has seen fit to assume; (3) the 
remedies open to the individual against the 
action of such administrative and executive 
officers and authorities where they attempt to 
exercise powers which the law does not recog- 
nize as belonging to them. 

See Courts and Tribunals, Administra- 
tive; Public Officers; Separation of Pow- 
ers; and departments by name. 

References: M. Hauriou, Precis de Droit Ad- 
ministratif (1907) ; F. J. Goodnow, Principles 
of Administrative Law of U. S. (1905), Com- 
parative Administrative Law (1893) ; J. A. 
Fairlie, "Administrative Power of the Presi- 
dent" in Michigan Law Review, II (1903- 
1904), 190-210, 247-259; E. Freund, "Am. Ad- 
ministrative Law" in Pol. Sci. Quart., IX, 
1894, 403-425, Cases on the Administrative 
Law (1911). F. J. Goodnow. 

LAW AND ORDER LEAGUES. The police 
department of regularly constituted govern- 
ment is itself a law and order league, and 
where such government works with normal reg- 
ularity and efficiency no other is required. But 
when it happens that governmental provision 
for protection to life and property has not kept 
pace with the movement of population upon the 
frontier, or when the regular institutions be- 
come weak and ineffective or tardy or are 
threatened with overthrow by violence, then it 
becomes necessary for men to unite in tem- 
porary, extra-legal organizations for the preser- 
vation of society from anarchy. Examples of 
such exigency appear in the history of all new 
countries and of all countries in times of revo- 
lution and of special and unusual conditions 
due to great calamities when the legal and ordi- 
nary forces of order and justice are inadequate 
to the unexpected demands. The leagues of set- 



LAW AND ORDER PARTY— LAW, CIVIL 



tiers formed during the early settlement of the 
West and South for the capture and punish- 
ment of highwaymen and horse thieves; the 
committees of public safety in the mines of 
California in the days of the rush for gold; the 
Vigilants of San Francisco in 1851 and 1856 
striving to so reform the social order that 
lynch law should no longer be necessary; or- 
ganizations of citizens to assist the government 
in preventing pillage and other forms of law- 
lessness or crime after great conflagrations, 
floods or earthquakes; these are well known 
American illustrations. Such courses of action 
should be clearly distinguished from mob rule 
and lynch law. On the frontier they are usu- 
ally a conscious preparation for the establish- 
ment of legal institutions, and in other 
circumstances an effort to assist in their appli- 
cation or supply a deficiency. See Lynching. 
References: J. Macy, "Institutional Beginnings 
in a Western State" in Johns Hopkins Univer- 
sity, Monographs, Ser. 2 (1883) ; Josiah Royce, 
California (1899), ch. iv; J. Lynch, Life of 
David C. Broderick (1911). J. M. 

LAW AND ORDER PARTY. A name taken 
by the pro-slavery party in Kansas during the 
struggle for the control of that territory fol- 
lowing the Kansas-Nebraska Act (see) of 1854. 
A pro-slavery party convention in November, 
1855, decided to take this name; and they de- 
nounced the free state men who had sought to 
adopt a constitution and establish a free state 
at once. These "border ruffian" avengers of 
"law and order" became something of a trav- 
esty in the history of Kansas. See Kansas 
Struggle. References: H. von Hoist, Consti- 
tutional Hist, of the U. 8., V (1885), VI 
(1889); J. F. Rhodes, Hist, of the U. 8. 
(1893), II, 98-107, 150-168, 229 et seq. 

J. A. W. 

LAW, CIVIL. This term is used in a 
variety of senses, according to the meaning of 
the words with which it is correlated. In 
ancient Rome, for example, the term jus civile 
was applied to the primitive and technical law 
based upon the customs of the early Roman 
people, as distinguished from the jus gentium, 
or the supplementary and more equitable law 
derived from the common practices of the na- 
tions brought under Roman authority. In the 
mediaeval period, the term "civil law" came 
to be applied to the law relating to temporal 
matters, as contrasted with the "canon law," 
or the law relating to spiritual or ecclestias- 
tical affairs. In modern times it has come to 
be used broadly to denote that body of national 
law which is derived chiefly from Rome, as 
distinguished from "common law" when that 
term is loosely employed to denote the body 
of laws which has been derived chiefly from 
England. 

Modern Civil Law.— The modern civil law 
has its historical origin, first, in the deposit 



of Roman law left in the western Mediter- 
ranean provinces after the barbarian irruptions 
in the fifth century; and, next, in the revival 
of the scientific study of the Roman law, be- 
ginning in Italy in the twelfth century and 
thence spreading to other European countries. 
The ancient Roman law, which formed the 
basis of the modern civil law, received its 
final definite form in the codification made by 
Justinian in the sixth century — the Corpus 
Juris Civilis. But the Justinian law was, it- 
self, the result of a long process of develop- 
ment, during which it had passed from a 
narrow body of municipal law based upon local 
customs, to a world-wide system of jurisprud- 
ence based upon scientific and equitable prin- 
ciples. The expansion and perfection of the 
ancient Roman law were due chiefly to two 
main causes: (1) the' extension under the 
republic of the rights of citizenship to certain 
conquered communities, and at the same time 
the recognition by the Roman praetors, of the 
equitable rights of subject aliens; (2) the 
scientific interpretation of the law under the 
Empire, by a body of trained jurisconsults, who 
construed the law liberally in accordance with 
the principles of reason and natural justice. 
On account of the rational spirit which it thus 
acquired, and its practical adaptibility to vary- 
ing social conditions, the Justinian law was 
gradually taken up by all the principal coun- 
tries of continental Europe, and has been pre- 
served in substance in the modern civil codes 
(see Codification). 

In English Law. — Although the laws of Eng- 
land are usually regarded as having an inde- 
pendent origin, the influence of the Roman 
civil law is seen in the early practice of the 
ecclesiastical courts, the admiralty court and 
the. court of chancery. How far the principles 
of the civil law were consciously or uncon- 
sciously accepted by the common law courts, is 
a somewhat mooted question; but that the 
Roman influence was not inconsiderable is 
evident from the text books of Bracton and his 
successors, and also from a comparative exami- 
nation of certain portions of the common law, 
especially those portions relating to corpora- 
tions, easements, to personal property and to 
contracts. 

In American Law. — The extension of the 
civil law to the American continent was due 
to European colonization in the sixteenth and 
the seventeenth centuries, especially by Spain 
and France (see Law, Civil, in America; 
Louisiana). The civil law of Louisiana is em- 
bodied in a code first drawn up by the terri- 
torial legislature in 1808 on the model of the 
Code Napoleon, and afterwards revised by Liv- 
ingstone and sanctioned by the state legis- 
lature in 1825. The law in force in the insular 
possessions of Porto Rico and the Philippines 
at the time of their annexation by the United 
States, was that of the Spanish Civil Code of 
1889, which is retained so far as it is not 3uper- 



312 



LAW, CIVIL, IN AMERICA 



seded by federal legislation. But the Roman 
element in the laws of the United States is 
not restricted, as it is often supposed, to 
the instances just mentioned. The principles 
of equity administered by the state and federal 
courts are derived directly from the equitable 
jurisdiction of the English court of chancery. 
This court was originally an independent tribu- 
nal presided over by the Lord High Chancellor, 
who was himself an ecclesiastic trained in the 
canon and the civil law, and who, in supple- 
menting the defects of the common law courts, 
adopted in large measure the rules of the Ro- 
man jurists; so that equity jurisprudence, not 
only in England but in the United States, is 
substantially Roman law (see Equity). The 
admiralty jurisdiction of the federal courts 
may, in its chief features, be similarly traced 
through the jurisdiction of the English admi- 
ralty court to the maritime laws of ancient 
Rome. The probate or surrogate jurisdiction 
exercised by certain state courts is based large- 
ly upon the practice of the English ecclesiasti- 
cal courts in respect to the law of testamentary 
succession, and upon that of the court of chan- 
cery in respect to the laws of guardianship, the 
principles of which, in both cases, were for the 
great part drawn directly from the canon law 
and remotely from the laws of Justinian. By 
a comparative and critical examination it is 
also possible to discover a large Roman element 
in the American law relating to corporations, 
to personal property, and to certain features 
of real property (such as easements and the 
acquisition of titles by occupancy, by accession 
and by prescription), and especially in the 
law relating to contracts — so far as these laws 
have not been modified by statute. In fact, it 
may be shown that a very considerable part of 
the non-statutory laws practiced in the United 
States — except that part of the law of real 
propery which is related to the English feudal 
law — is ultimately traceable to a Roman origin, 
and hence may be regarded as strictly, and in 
substance, a true part of the modern civil law. 

See Judicial Power, Theory of; Jurispru- 
dence; Law, Civil, in America; Law, Com- 
mon. 

References: W. C. Morey, Outlines of Roman 
Law (1913), with references; J. Muirhead, 
Historical Introduction to the Private Law of 
Rome (rev. ed. by H. Goudy, 1899) ; R. Sohm, 
Institutes of Roman Law (English transla- 
tion, 1892) ; P. Vinogradoff, Roman Law in 
Mediaeval Europe (1909) ; F. J. Tomkins 
and H. D. Jencken, Compendium of the 
Modern Roman Law (1870) ; T. E. Scrut- 
ton, Influence of the Roman Lata upon 
the Law of England ( 1885 ) ; C. S. Walton, 
The Civil Law in Spain and Spanish America 
(1900); E. T. Merrick, Ed., Revised Civil 
Code of Louisiana (1900) ; W. W. Howe, 
Studies in the Civil Law and its Relation to 
the Jurisprudence of England and America 
(1905). William C. Morey. 



LAW, CIVIL, IN AMERICA. Influence of 
the civil law in America has been almost 
wholly an influence of French law. The high 
development of French juristic writing in the 
eighteenth century and the fore part of the 
nineteenth coincided with a formative period 
of our law. In the first part of the nineteenth 
century great deference was shown to the au- 
thorities of the civil law and in New York, 
especially, the books abound in references 
thereto. But the practice of citing them fell 
off rapidly and ceased almost completely by 
the middle of the century. 

Four causes operated to create interest in 
the civil law in America during the first half 
of the last century: (1) the rise of the law 
merchant; (2) the hostility toward England 
and English institutions and the feelings of 
friendship for France that prevailed in many 
parts of the country; (3) the influence of 
Chancellor Kent {see) and Judge Story (see) 
who were learned civilians and cited the civil 
law freely; (4) the movements for law- 
reform which went on at the same time. 

At the Revolution absorption of the law 
merchant into the common law was still going 
on. American judges were left more to their 
own resources in this branch of the law than 
in any other. Naturally they turned to the 
French and Dutch treatises on the civil law 
and the French treatises on commercial law, 
since there was no common-law juristic litera- 
ture upon the subject. After the Revolution, a 
large part of the public was hostile to England 
and to all that was English and it was impos- 
sible for the common law to escape the odium 
of its English origin. Judges and legislators 
were influenced by this popular feeling and 
there was no strong, well-trained bar to re- 
sist it. Three states legislated against citation 
of English decisions and there was a rule of 
court against such citations in a fourth. Kent 
found it expedient to cite French authorities 
to allay suspicion. But few American judges 
and lawyers who would have liked to make 
use of the civil law were able to do so ef- 
fectively. Kent and Story stood almost alone. 
There were but few incomplete translations 
available, and lawyers were averse to author- 
ities in a foreign tongue. Hence as the profes- 
sion advanced in strength and learning and 
prejudice against English institutions subsided, 
citation of French treatises waned and finally 
vanished. During this period, the legislative 
reform movement revived the study of Roman 
law in England. A like movement went on in 
America and for a time added to the existing 
inclination toward French law. 

There were few permanent results. Four or 
five doctrines of no great importance were 
taken over directly. For the most part the 
influence of the civil law in America has been 
indirect only, i. e., by way of stimulus and ex- 
ample. 

See Law, Civil. 



313 



LAW, COMMON 



References: R. Pound, "Influence of French 
Law in America" in Illinois Law Review, III 
(1909), 354-365; for a different view, C. F. 
Beach, Civil Law in America (1903). 

Koscoe Pound. 

LAW, COMMON. This term has two prin- 
cipal significations in Anglo-American juris- 
prudence. (1) The common English law as 
opposed to Norman law, the statutes or de- 
crees of Anglo-Norman kings, the canon or 
church law, the Roman (civil) law, and 
(somewhat later) equity or the law of the 
king's chancellor. Indeed, in this sense the 
word "common law" is used as opposed to any 
other body of law or jurisdiction, such as the 
law merchant or admiralty, or (in recent 
times) administrative law. (2) Common 
law as distinct from statute law of any sort 
(this is the more usual American use of the 
term). Of course the phrase may occasion- 
ally have a more general significance still, 
such as general customs as distinguished from 
special or local; or the law common to most 
or all of the states as distinguished from the 
law of any one state or from federal law; and 
the phrase has been used in other languages 
and countries as applying to both the stat- 
utes, uses or customs as in old France and 
Spain. 

There are undoubtedly usages and customs 
in all countries which become law and are 
recognized as law. Nevertheless the theory 
of the Roman law that all law must rest di- 
rectly or indirectly upon the statute or decree 
of a sovereign has been substantially adopted 
in all continental countries ; in England alone 
even of Teutonic countries has the original 
notion of law persisted, as the custom of the 
people declared originally only by a general 
assembly, which developed in England through 
the Witenagemot and the great council of the 
realm into a representative legislature. Thus 
the common law was originally unwritten and 
uncodified, and based on the general usage of 
the people. It was supposed to be known of 
all, so that even councils or courts were only 
necessary to declare it or to affix penalties. 
The so-called codes of English legislation be- 
fore the Conquest (Ini of Wessex, Alfred, 
Canute, and Edward the Confessor) were mere- 
ly declaratory; at most, the councils of the 
several English kingdoms might meet to add 
certain customs or liberties to those already 
existing. At what period after the conquest 
the process of adding to the common law by 
statute was begun it is extremely difficult to 
define. The term t used for the first statutes is 
"assize," or, even earlier, "charter" ; one of 
these words is more applicable to the judg- 
ment of the court declaring the law, and the 
other to a king conceding or allowing it. But 
by the thirteenth century we have statutes, 
even under that name, which definitely add 
to the common law, though the number of such 



only began to increase rapidly after the Com- 
monwealth. But finally, it should be added, 
these early important statutes — the statute 
of laborers, wills, uses, and so forth — have 
long been considered as belonging to the com- 
mon law. 

Coming to America this is more particular- 
ly true. The word "common law" here, is 
invariably used as meaning common law in 
distinction from statute law, except where it is 
contrasted with equity, admiralty, etc., or the 
civil law of Louisiana, New Mexico and Ari- 
zona. All English statutes which are con- 
sidered as in force in the several states of the 
Union, would, in those states, be considered 
the common law; the date of statutes thus 
accepted varies in a general way those ante- 
dating 1776 to those antedating 1620; and 
several states define exactly, in their consti- 
tutions or statutes, to what extent the Eng- 
lish common law and such English statutes 
are in force within their respective common- 
wealths. 

Bibliography: There are singularly few 
books on the history of the common law as 
such; most treatises which are even entitled 
"The Common Law" being but the exposition 
of its doctrines. Of such are Glanvil, Bracton, 
Littleton, and the other authorities mentioned 
in the third section of the introduction to 
Blackstone's Commentaries. This is true also 
of Francis Bacon's A Collection of some Prin- 
cipal Rules and Maximes of the Common Lawes 
of England ( 1636 ) ; and his The Use of the 
Law. Provided for Preservation of Our Per- 
sons, Goods, and Good Names. According to 
the Practice of the Lawes and Customs of this 
Land ( 1635 ) . Coming down to modern 
times the same thing is true of 0. W. Holmes, 
The Common Law (1881). The best general 
account, therefore, remains that of Black- 
stone's Commentaries on the Law of England 
(ed., 1890), especially § 3, "Of the Laws of 
England." This introductory section was first 
delivered by Blackstone orally at Oxford, Octo- 
ber 25, 1758; and one sentence in particular is 
worth quoting: "Pope Innocent the Fourth 
having forbidden the very reading of it (the 
common law) by the clergy, because its deci- 
sions were not founded on the imperial consti- 
tutions, but merely on the customs of the lai- 
ty," and Blackstone ascribes the revival and 
preservation of the common law of England 
to the incident of the fixing of the court of 
common pleas at Westminster by the provisions 
of Magna Charta. 

See Acts of Congress; Equity; Jurispru- 
dence; Law, Civil; Law, Civil, in America, 

References: W. Stubbs, Select Charters 
(1874), Pt. I, 21-51; H. V. Taswell-Langmead, 
English Constitutional Hist. (6th ed., 1905) ; 
A. E. Jenks, Law and Politics in the Middle 
Ages (1911); F. Pollock and W. Maitland, 
Hist, of Eng. Law "before Edward I (1895). 
Frederic J. Stimson. 



314 



LAW, CONSTITUTIONAL, AMERICAN 



LAW, CONSTITUTIONAL, AMERICAN 



Definition. — The constitutional jurisprudence 
of the United States posesses characteristics 
which distinguish it from other systems of 
modern states, as well from those which 
have adopted written instruments of govern- 
ment, as from those which have not. In or- 
der, then, that we may adequately appreciate 
the special attributes of American public law, 
it is necessary first to consider the province 
and qualities of constitutional law wherever 
it may be found. 

In the broadest sense of the term, every pol- 
itically organized society possesses a consti- 
tution. By this is meant that it possesses a 
body of rules or principles which determines 
the form of government which shall exist, and 
allots to its various departments or officials 
their respective powers. When, however, these 
rules are fairly definite, are recognized by 
those in authority as controlling, and are 
supported by a public opinion sufficient in 
force to offer a considerable guarantee that 
they will be obeyed, the state is said, in a 
narrower sense of the word, to possess a con- 
stitution, and the government to be a con- 
stitutional government. Thus, if the polit- 
ical rule be monarchial in character, the 
government is said to be a constitutional 
monarchy. 

In order that these rules which regulate 
the distribution and exercise of political au- 
thority may be better and more exactly known, 
they are, in most modern states, reduced to 
definite written statement; and, in order that, 
as thus stated, they may have an additional 
binding force, they are usually drafted and 
adopted in some especially formal and solemn 
manner. In most cases, also, special provision 
is made as to the manner in which they may 
be revised and additions made to them. Or- 
dinarily this method of revision and amend- 
ment is made considerably more difficult than 
is the enactment of ordinary legislative meas- 
ures. 

• Among the modern great nations Great Brit- 
ain stands alone as a state without a formal 
written instrument of government. She has, 
however, a government controlled by a defi- 
nite body of constitutional rules and practices, 
many of these being embodied in important 
written documents, such as the Magna Charta, 
the Bill of Eights, the Habeas Corpus Act, 
etc., but however politically sacrosanct .these 
principles thus definitely stated, and however 
controlling in practice the great body of her 
written public law, the essential characteristic 
of her constitutional system is that she is 
ruled by an omnipotent Parliament (see), 
which formally as well as legally has the legis- 
lative power to change, by ordinary statutory 



69 



315 



enactment, any and every feature and rule 
of her governmental organization. 

The adoption of written constitutions does 
not prevent the existence and development of 
bodies of unwritten constitutional law, for 
however comprehensive these fundamental doc- 
uments may be, there inevitably grows up a 
considerable body of unwritten constitutional 
practices as fixed and, for all practical pur- 
poses, as obligatory, as those provided for in 
the written instruments. Furthermore, in 
any event, a written constitution requires 
interpretation, and when this power of in- 
terpretation is confided to the courts there 
necessarily develops as the years go by a con- 
stantly increasing body of rules and principles, 
contained in the decisions which are rendered, 
which in the aggregate constitute the consti- 
tutional law of the country. Thus in the 
United States, in the more than two hundred 
volumes of the decisions of the federal Su- 
preme Court, not to speak of the reported 
opinions of the state and lower federal courts, 
a complex system of constitutional jurispru- 
dence has developed which requires the prepa- 
ration of lengthy and elaborate commentaries 
for its statement and explanation. 

From what has been said is seen that if 
we are to seek a definition of constitutional 
law, valid for all countries, and which will dis- 
tinguish it from other classes of law, we can- 
not, accept as its peculiar characteristic the 
fact that it is found embodied in written and 
formally adopted and promulgated documents 
denominated constitutions. Nor can we select 
as its distinguishing mark the fact that it is 
of superior legal validity. We can, indeed, say, 
as a general proposition, that constitutional 
provisions have ascribed to them a greater 
morally obligatory character, but this is too 
indefinite a criterium to serve as the basis 
for a definition. Nor, finally, may we describe 
constitutional law as made up of provisions 
which have a legal validity higher than that of 
ordinary laws; for, not to speak of England, 
which, according to such a description, could 
not be said to have any constitutional law at 
all, we should be met by the fact that in no 
other country than our own is this legal supe- 
riority of constitutional law fully recognized. 
For a general definition of constitutional law we 
are thus thrown back upon its subject matter, 
and are obliged to content ourselves with the 
description with which we started, namely, 
that it embraces all those rules and principles 
which determine the form of governmental or- 
ganization of a state, and allot to its several 
organs or departments their respective powers. 

American Doctrine. — This, for the purpose of 
political theory, is a correct definition of con- 



LAW, CONSTITUTIONAL, AMERICAN 



stitutional law. But it is not a definition 
which is adequate for a nation, such as the 
United States, living under a written consti- 
tution which gives to its courts its final inter- 
pretation, and which obligates them, in cases 
of conflict between these written constitu- 
tional provisions and ordinary statutory laws 
to give precedence to the former. Under this 
system constitutional law must be said to 
embrace all law which, irrespective of its sub- 
stance, is contained within the four corners 
of written instruments of government termed 
constitutions. Were these constitutions whol- 
ly devoted to the creation of governmental 
machinery, and the allotment of powers to its 
constituent parts, the law embraced within 
this formal definition would substantially coin- 
cide with that included within the definition 
stated above as satisfactory to the political 
theorist. But, in fact, many of our state con- 
stitutions go far beyond this and include pro- 
visions which, viewed with regard to the mat- 
ters to which they relate, properly belong 
within the field of private statutory law. 

The Federal Constitution has, of course, a 
double function to perform. It not only has to 
provide a governmental machinery for the 
Union, and to distribute its powers, but it has 
to delimit the respective competencies of the 
nation and of the individual states. Regarded 
as an instrument for this second purpose it is 
a grant of power, giving to the United States 
those powers which it is to possess, and leaving 
with the states, with but a few enumerated ex- 
ceptions, those powers which are not granted. 
The state constitutions, upon the contrary, 
are, primarily, instruments of limitation. In 
so far as they are not devoted to providing 
machineries of government, they have for 
their end and aim the creation of limitations 
upon the governments which they create, which 
governments are held to possess all powers not 
denied to them by the Federal Constitution or 
specifically withdrawn from them by the re- 
spective constitutions to which they owe their 
origin. These state constitutional limitations 
are for the most part upon the legislatures, and 
the increase in their number which the more 
recently adopted constitutions have shown has 
evinced a growing distrust upon the part of 
the people of their legislative representatives. 
This distrust has also been shown in some in- 
stances by the insertion of provisions for the 
referendum and the popular initiation of laws. 
But not a few of these added constitutional 
clauses have been due to a distrust of the 
courts, the aim being so explicitly to authorize 
legislation as to render it practically im- 
possible for the courts to interpose the objec- 
tion of unconstitutionality as tested by the 
state constitutions. This, however, still leaves 
it possible for the state courts to hold state 
statutes void upon the ground that they are 
in conflict with the Federal Constitution, and 
especially with that clause of the Fourteenth 



Amendment which declares that "no State shall 
deprive any person of life, liberty or property, 
without due process of law, nor to deny to any 
person within its jurisdiction the legal pro- 
tection of the laws." In those cases in which 
the state courts so held there is, under exist- 
ing statutes, no right of appeal by writ of error 
to the Supreme Court of the United States, for, 
by the twenty-fifth section of the judiciary act, 
that tribunal is given jurisdiction to review 
decrees of the state courts, by writs of error, 
only in those cases in which a federal right, 
privilege, or immunity has been claimed and 
denied. 

Unconstitutional Legislation. — It has al- 
ready been indicated that in the United States 
the courts are the final interpreters of the con- 
stitutional powers of the legislatures. In this 
respect American constitutional jurisprudence 
is unique. In this country alone is the writ- 
ten constitutional law not only morally but 
legally restrictive of the law-making branch 
of the government. Professor A. V. Dicey, 
in his classic work The Law of the Constitu- 
tion (7th ed., 1908, note VII, Appendix) calls 
attention to the three different meanings of 
the phrase "unconstitutional law" as employed 
in England, France and the United States. In 
England it means simply that, in the opinion 
of the one using it, the measure is opposed to 
the spirit of the unwritten English constitu- 
tion, but not that it is, for that reason, void 
of legal force and therefore not enforcible by 
the courts, and the executive. In France the 
the courts will refuse to recognize its legal 
validity. The word "unconstitutional," says 
Dicey, "would probably though not of necessity 
be, when employed by a Frenchman, a term 
of censure." In the United States an uncon- 
stitutional law is one not warranted by the 
written instruments of government of the 
states or of the United States, and, as such, 
is held to be not a law at all. It is an ultra 
vires measure, and at most only a vain at- 
tempt upon the part of the enacting body to 
create a law. 

When it is said that the power in courts 
in this country to hold void measures enacted 
by the law-making branch of the government 
of which they themselves constitute the judi- 
cial branch, is a unique one, no reference is 
had, of course, to the- authority of our judicial 
tribunals to refuse to recognize the validity of 
those acts of the legislatures of the states 
which are in conflict with the provisions of 
federal law, for this is a right determined by 
the supremacy of national law over state law. 
This supremacy is clearly stated in that pro- 
vision of Article VI of the Federal Constitu- 
tion which declares that "This Constitution, 
and the laws of the United States which shall 
be made in pursuance thereof, and all treaties 
made, or which shall be made, under the au- 
thority of the United States, shall be the su- 
preme law of the land; and the judges in every 



316 



LAW, CONSTITUTIONAL, AMERICAN 



State shall be bound thereby, anything in 
the Constitution or laws of any State to the 
contrary notwithstanding." It was, indeed, 
for a time strenuously argued by adherents 
of the state rights school that the right of 
final determination as to whether there is a 
conflict between state and federal law is pos- 
sessed by the state courts as well as by the 
federal Supreme Court, in cases arising there- 
in, but, the federal supremacy being granted, 
the right to hold state laws invalid because con- 
trary to the Federal Constitution or to the 
laws passed and treaties entered into in pur- 
suance thereof is not a different power from 
that known to, or exercised by, all constitution- 
al states, when dealing with the acts or ordi- 
nances of subordinate law-making bodies, such, 
for example, as colonial or local legislatures, 
or, indeed, any administrative agencies with 
reference to the rules and regulations issued 
by them. When, however, we turn to the power 
of our federal courts to hold void the acts of 
Congress, or of the state courts to refuse rec- 
ognition to the acts of the legislatures of their 
respective states, the question is quite another 
one. Here we have the exercise by the judicial 
branch of a government to place its interpreta- 
tion of the power granted by a written con- 
stitution above the interpretation which the 
legislative branch of that same government has 
given it. In all countries other than our own 
the legislative interpretation is recognized as 
decisive. 

This characteristic American doctrine had 
received a certain degree of acceptance, though 
not without protest, in the courts of the states 
prior to 1803, but it was first in that year in 
the great case of Marbury vs. Madison (see) 
that the Supreme Court of the United States by 
its acceptance of it, and Chief Justice Mar- 
shall, by the opinion which he rendered in sup- 
port of it, finally established the doctrine as 
a fundamental principle of American consti- 
tutional jurisprudence. It is true that Mar- 
shall's reasoning is defective in so far as it 
is based upon the idea that the judicial power 
necessarily exists in a government organized 
under a written constitution, but he is upon 
firm ground when he points out that the fed- 
eral judicial power is extended to "all cases, 
in law or equity, arising under the Constitu- 
tion," and that in the exercise of this juris- 
diction, thus specifically given, it is necessary 
that in cases involving conflicts between statu- 
tory and constitutional provisions, the courts 
should give effect to the Constitution under 
which they are organized and which is de- 
clared, in its own terms, to be the supreme 
law of the land. 

Expediency and Nature of Judicial Control 
over Legislation. — The expediency of giving 
this power to the courts is one that is, of 
course, open to discussion. That it is a tre- 
mendous power there can be no doubt. As 
said by Bishop Hoadly years before our Con- 



317 



stitution was adopted, "whoever hath an ab- 
solute authority to interpret any written or 
spoken laws, it is he. who is truly the law -giver 
to all intents and purposes, and not the per- 
son who first wrote or spoke them." It 
would seem clear that by training, by tenure of 
office, and by the character of the functions 
which they perform, the judges of the federal 
Supreme Court and of the highest courts of 
the states are less likely to be hurried on, 
under the pressure of passion or of temporary 
exigency, to a violation of the spirit, or to 
such a strained construction of the language 
of the Constitution as will deprive that in- 
strument of its true restraining character. 
But, upon the other hand, there is the danger, 
which not a few persons think has in some in- 
stances become a reality, that the judges, not 
being in close touch with or responsible to pub- 
lic opinion, will assume an unnecessarily strict 
or biased attitude toward the constitutional 
powers of the legislature, and especially to- 
wards those relating to what is known as the 
police functions of the state. In general, how- 
ever, it is to be said that the courts, in this 
control over legislation, have, by the rules 
which they have laid down for themselves with 
reference to its exercise, kept their authority 
within just and expedient limits. 

In the first place they have, in the great ma- 
jority of cases, guided their judgments by the 
rule that every reasonable presumption shall 
be in favor of the validity of a legislative act. 
Thus in one case the Supreme Court says, "a 
decent respect for a coordinate branch of the 
Federal Government demands that the judi- 
ciary should presume, until the contrary is 
clearly shown, that there has been no trans- 
gression of power by Congress, all the members 
of which act under the obligation of the oath 
of fidelity to the Constitution." And in an- 
other case the same court says: "Every pos- 
sible assumption is in favor of the validity of 
a statute and this continues until the contrary 
is shown beyond a rational doubt." Again, 
in further limitations of their power, the 
courts, when it has been possible for them to 
do so without resorting to too strained an in- 
terpretation of the language used, have given 
to statutes meanings that will bring them 
within the constitutional powers of the legis- 
latures enacting them. Still further, they have 
not permitted the unconstitutionality of a sin- 
gle provision of a statute which is separable 
from the other provisions to invalidate the 
entire act. They have consistently declined to 
question the motives of legislatures or the ex- 
pediency of the legislative measures submitted 
to their judgment. And, finally, it is to be ob- 
served, that the courts will pass upon the con- 
stitutionality of a legislative act only as 
incidental to the decisions of cases brought be- 
fore them, and then only if the cases may not 
be decided upon any other ground. The courts 
will not, in other words, entertain jurisdic- 



LAW, CONTRACT LABOR— LAW, CRIMINAL 



tion for the decision of merely moot questions 
of constitutionality. Theirs is not a general 
revis^onary authority over legislation, but a 
judicial power in the exercise of which, how- 
ever, it often becomes necessary to determine 
whether legislative acts set up as legal grounds 
of action or of defense are to be accepted as 
such. 

The general principle is that a law held 
void, because unconstitutional, is as though 
it had never been. It is declared never to have 
been a law, and hence that no legal rights can 
be claimed under it. If, however, by a later 
decision, the court reverses its former opin- 
ion, and upholds the law, it is considered as 
having been in force and valid from the time 
of its enactment. In practice, as a matter of 
justice and expediency, these principles have 
at times been departed from, but in general 
the rule is as stated. 

See Cases, Significance of in Interna- 
tional Law; Constitutions, Classified; 
Courts and Unconstitutional Legislation; 
United States as a Federal State. 

References: J. B. Thayer, Legal Essays 
(1908), ch. i, "The Origin and Scope of the 
Am. Doctrine of Constitutional Law"; W. 
W. Willoughby, The Constitutional Law of 
the V. 8. (1911), chs. i, ii; T. M. Cooley, Con- 
stitutional Limitations (7th ed., 1903) ; J. W. 
Burgess, Pol. Sci. and Comparative Constitu- 
tional Law ( 1903 ) ; A. V. Dicey, The Law of 
the Constitution (7th ed., 1908) ; B. Coxe, 
Judicial Power and Unconstitutional Legisla- 
tion ( 1893 ) . W. W. WlLLOUGHBY. 

LAW, CONTRACT LABOR. See Contract 
Labor Law. 

LAW, CRIMINAL. Common Law and Stat- 
utory Crimes. — Crimes are such either by com- 
mon law (see) or by statute. The English 
colonists brought hither the common law of 
England so far as applicable to our conditions 
and this is law in nearly all of our states ex- 
cept as changed by statute. In all the states 
the criminal law is now largely regulated by 
statute. In a few, the common law as to crimes 
has been entirely superseded by statutory pro- 
visions, but even in these states resort is con- 
stantly had to the common law to determine 
the meaning of the terms used in the statutes. 
Inasmuch as there is no common law of the 
United States as a nation, the only crimes 
against the Federal Government are those speci- 
fied in federal statutes (see Law, Administra- 
tion of by Courts). 

Kinds of Offense. — Crimes (see) are class- 
ified as treason (see), felonies and misdemean- 
ors. Felonies include the graver offenses, such 
as murder, manslaughter, mayhem, rape, ar- 
son, burglary, robbery and larceny. Misde- 
meanors include offenses less grave. Just 
where the line is to be drawn between felonies 
and misdemeanors is now generally determined 



by the statutes of the several states. An un- 
successful attempt to commit a felony (see) 
or a misdemeanor or to induce another to com- 
mit a felony or a serious misdemeanor is a 
misdemeanor, as is likewise misprision (or 
concealment) of felony. 

Intent. — To convict the accused it must be 
proved not only that he did or caused the 
criminal act, but also, save in certain minor 
offenses, that he had a "criminal intent."' 
Actus non facit reum nisi mens sit rea. This 
criminal intent consists in actual intent or in 
criminal negligence. An insane person, if he 
cannot distinguish between right and wrong 
or in some states if he acts under an irresist- 
able impulse, is not held. Voluntary drunk- 
enness, however, is no excuse. A child under 
seven years of age cannot be convicted; one 
between the ages of seven and fourteen may 
be, if the state proves that he had sufficient 
discretion to understand the nature and qual- 
ity of his act. 

Affirmative Defenses. — An act criminal in 
its nature and intentionally committed, may 
nevertheless be justified or excused. Thus a 
warrant, legally issued, justifies the sheriff in 
executing or imprisoning a criminal. One may 
use force, sometimes even take life, in defending 
one's person or property or in protecting others 
or in preventing the commission of a felony. 

Parties. — A "principal in the first degree" is 
one who commits a felony in person or through 
an innocent agent; a "principal in the second 
degree" is one who takes no active part in its 
commission but who is present and lends en- 
couragement; an "accessory before the fact" 
is one who is not present at the commission 
of the felony but who procures x>r encourages 
another in its commission; an "accessory after 
the fact" is one who aids a felon in evading 
punishment. In treason and in misdemeanors' 
all are principals. 

Arrest and Commitment. — The first step in 
a criminal suit is usually the issuing of a 
warrant (see) by a magistrate after complaint 
made to him under oath, or after indictment 
(see) found or information (see) laid. 
The warrant authorizes the proper of- 
ficer to arrest the accused, though an 
arrest may, under certain circumstances, 
be made without a warrant and even 
by a private person. The accused is taken as 
soon as possible after arrest before a magis- 
trate or inferior court. Minor offenses may 
be tried immediately; in graver offenses, the 
accused, if the evidence prima facie indicates 
his guilt, is committed to jail or, except on a 
capital charge, may be released on bail [see 
Bail, Excessive), to await the action of 
a higher court. Commitment is not de- 
signed as punishment, for by our law, con- 
trary to the rules prevailing in countries under 
the civil law (see Law, Civil), a man is pre- 
sumed to be innocent until convicted; but 
solely to ensure the presence of the accused in 



318 



LAW, DUE PROCESS OF— LAW OF THE LAND 



court to answer the charge. The prisoner has 
the right to consult with counsel (see) and 
friends and cannot be compelled to make dis- 
closures against himself. The Federal Consti- 
tution provides (Amendment V) that no per- 
son shall be compelled in any criminal case to 
be a witness against himself; state constitu- 
tions contain similar provisions. 

Arraignment and Plea. — The next step is 
the arraignment of the prisoner. He is 
brought before the court, the accusation is 
read to him, and he is required to plead there- 
to. If he plead guilty, sentence may be im- 
posed without further proceedings; if he plead 
not guilty, the issue is tried by a petit jury 
{see) ; if he refuse to plead, a plea of not 
guilty is entered for him. Certain other pleas 
such as former jeopardy (see) are open to him. 
He may instead of pleading, demur to the in- 
dictment, that is, claim that the facts as 
charged do not constitute a crime, thereby 
raising a question of law which is determined 
by the court. 

Trial. — The rules of evidence applied in the 
trial of civil cases are, in general, applicable 
in criminal trials. A few, however, are pe- 
culiar to criminal suits. A voluntary 
confession (see) is admissible as evidence 
against the defendant, but a forced confession 
is not; he cannot be compelled to testify 
against himself, though statutes have changed 
the common law rule forbidding him to testify 
in his own behalf. He may offer evidence of 
good character, which the state may rebut 
by evidence that his character is bad. On 
a trial for homicide the dying declarations of 
the victim, although hearsay, are admissible. 
In criminal cases the rule is that the prosecu- 
tion must affirmatively establish the guilt of 
the defendant beyond a reasonable doubt (see). 
Circumstanial evidence, if sufficiently convinc- 
ing may convict. The defendant when acquit- 
ted is at once set free; if convicted he may 
move to arrest judgment or for a new trial. 
If -such motions are not made, or, being made, 
are overruled, the court pronounces sentence. 
The defendant may carry his case to an appel- 
late court on a point of law by appeal (see) 
or by writ of error ( see ) . If the lower court 
has made an error of law to the prejudice 
of the defendant, the judgment will be reversed 
and proceedings must be begun anew in the 
lower court at the point where the error was 
made. 

See Jurisprudence ; Jury, Grand; Jury, 
Petit; Law, Common; Trials. 

References: J. W. May, The Lata of Crimes 
(3rd ed., 1905) ; J. P. Bishop, Xew Comment- 
aries on the Criminal Law (1892) ; E. McClain, 
Treatise on the Criminal Law (1897); J. H. 
Beale, Jr., Criminal Pleading and Practice 
(1899). A. W. Scott. 



LAW, DUE PROCESS OF. See Due Process 
of Law. 



LAW, EX POST FACTO. 

Facto Law. 



See Ex Post 



LAW, FUNDAMENTAL. This term is com- 
monly used as synonymous with constitutional 
law when that law is regarded as furnishing 
the legal basis upon which is founded all other 
laws which are accepted as valid by the courts. 
At times, however, the phrase is given a moral 
rather than a legal meaning, and used to des- 
ignate those underlying principles of right and 
justice which give ethical validity to all laws 
and to all authorities, public and private. See 
Law, Constitutional, American. 

W. W. W. 

LAW, INTERNATIONAL. See under In- 
ternational Law. 

LAW, INTERSTATE. See Interstate Law 
and Relations. 

LAW, MARTIAL. See Martial Law. 

LAW, MILITARY. See Military Law. 

LAW OF NATURE. The state of nature 
before the establishment of government had, 
according to some publicists, a law of nature 
to govern it. This law of nature was different- 
ly described; but the American theory and law 
have probably been chiefly influenced by the idea 
presented by Locke (Two Treatises of Gov- 
ernment, Book II, Sec. 6 ) . This law of nature 
"obliges every one, and reason, which is that 
law, teaches all mankind who will but consult 
it, that being all equal and independent, no one 
ought to harm another in his life, health, lib- 
erty or possessions." See Natural Rights; 
Social Compact Theory. A. C McL. 

LAW OF THE LAND. This phrase is used 
in Magna Charta and appears in American 
constitutional law as of practically the same 
significance as due process of law (see). Mag- 
na Charta declared that "no free man shall be 
taken, or imprisoned, or disseized, or out- 
lawed, or banished, or any ways destroyed, nor 
will the king pass upon him or commit him to 
prison, unless by the judgment of his peers or 
the law of the land." In his argument in the 
Dartmouth College Case (see) Webster said: 

By the law of the land is most clearly intended 
the general law— a law which hears before it 
condemns, which proceeds upon inquiry, and ren- 
ders judgment only after trial. The meaning is 
that every citizen shall hold his life, liberty, prop- 
erty, and immunities under the protection of the 
general rules which govern society. 

The Constitution of the United States says 
that "This Constitution, and the laws of the 
United States which shall be made in pursuance 
thereof, and all treaties made, or which shall 
be made, under the authority of the United 
States, shall be the supreme law of the land" 
(Art. "VT, If 2), This clause was doubtless 



319 



LAW, PARLIAMENTARY— LEARNED SOCIETIES 



inserted as a means of keeping the states from 
passing and enforcing laws in disregard of 
the Constitution, laws and treaties of the 
United States, for in the same clause it is 
said that the judges in every state shall be 
bound thereby. It is noteworthy that the Con- 
stitution itself is here declared to be law,i. e., 
enforceable in courts. 

Any law or treaty, to be valid, must not be 
contrary to the Constitution. A law of Con- 
gress, however, will be valid even though in 
conflict with a previous treaty; a treaty will 
be valid even though in conflict with a law pre- 
viously passed; "the one last in point of time 
must control." See Due Process of Law; 
Law, Constitutional, American. References: 
T. M. Cooley, Principles of Constitutional Law 
(3d ed., 1898), 31, 32, 241-243. A. C. McL. 

LAW, PARLIAMENTARY. See Parliamen- 
tary Law. 

LAW, PRIZE, AND COURTS. See Prize 
Law and Courts. 

LAW, SANCTION OF THE. See Sanction 
of the Law. 

LAWS, CONFLICT OF. See Conflict of 
Laws. 

LAYING PIPES. A phrase applying to the 
laying of plans to secure fraudulent votes 
or accomplish any political undertaking 
through underhand means. It also signifies 
the forming of any cautious or secret plans for 
winning an election. It was, perhaps, first used 
in 1848 with reference to a scheme for the im- 
portation of voters into New York from Phil- 
adelphia. O. C. H. 

LEADER OF THE HOUSE. The leader of 
the House is that member of the majority 
party who generally speaks for the party on 
the floor of the House. He is often called the 
majority leader, to distinguish him from the 
floor leader of the opposition party, commonly 
called the minority leader. The latter is cus- 
tomarily the candidate of the minority for 
the speakership, and the former, until March 
19, 1910, was generally the speaker's most 
trusted lieutenant on the committee on rules. 
Since the opening of the Sixty-second Con- 
gress the chairman of the committee on ways 
and means has been the leader of the House. 
Although the leadership of the House is gen- 
erally fixed for the life of a Congress, the 
chosen majority leader is not always in charge 
of the floor. The actual floor leadership may 
be vested in the chairman of the committee 
from which the measure under discussion by 
the House has been reported. Floor leadership 
carries with it control of the time allotted 
for debate (see Previous Question), either 
under the hour rule (see) or under a spec- 



ial order reported by the committee on 
rules for a particular measure {see Rules of 
Congress ) . In the latter case the time appor- 
tioned to the minority is controlled by the 
minority leader, or by the ranking minority 
member of the reporting committee, or by 
some other recognized leader of the opposition 
to the measure. See Parliamentary Law; 
Party Organization in Legislative Bodies; 
Rules of Congress; Speaker of the House. 
References: S. S. Cox, Three Decades (1885) ; 
J. G. Blaine, Twenty Years in Congress ( 1884- 
1886). A. N. H. 

LEARNED SOCIETIES. Most learned so- 
cieties in the United States like most charita- 
ble and educational institutions, are private 
bodies, corporate or unincorporated, and not 
subject in their collective capacity to gov- 
ernmental regulation. When incorporated, 
they are subject to the limitations of their 
special charters, or the general act under 
which they are organized. A frequent and 
sometimes very inconvenient restriction is on 
the amount of property which they may hold. 
Such societies come under exemptions of tax- 
ation granted to philanthropic and benevolent 
organizations. 

A modern type of learned society is brought 
into direct relation with the state, through 
performing a service for which public appro- 
priations are made. The most important are 
state historical societies of which those in Wis- 
consin, Iowa, and Mississippi are examples. 
The first of these is made up of members chos- 
en by the society, paying a small annual fee; 
but its library is housed in a magnificent 
building constructed by the state, which makes 
annual appropriation for its expenses. In 
effect, the library, which is but a short dis- 
tance from the state capitol, is the state 
library, and the secretary of the society is 
the state librarian. The secretary of the 
Iowa State Historical Society is editor of va- 
rious state compilations, including a reprint 
of the governor's messages. The secretary of 
the Mississippi Historical Society receives 
an annual grant from the state as editor of 
the publications of that society. 

A few national organizations, particularly 
the National Academy of Sciences (chart- 
ered 1863) and the American Historical Asso- 
ciation (1884) have charters from the Fed- 
eral Government. The annual report of the 
latter Association goes to the Smithsonian 
Institution, and is there printed at the gov- 
ernment expense, as a contribution of the 
government to historical literature. 

Legislative grants are occasionally made to 
colleges and other institutions. The legisla- 
ture of Massachusetts, besides its early gifts 
to Harvard College, appropriated money under 
the influence of Louis Agassiz for a museum 
of comparative zoology; and in 1912 voted 
$100,000, which is expected to be repeated for 



320 



LECOMPTON CONSTITUTION— LEGAL PROCEDURE, PROPOSED REFORM OF 



several years to come, for the benefit of the 
Massachusetts Institute of Technology. Most 
such grants of public money, however, go only 
to state institutions. 

See Education as a Function of Govern- 
ment; Libraries, Public; Museums, Public. 

References: Carnegie Institution, Publica- 
tions; various societies, Reports; list of 
societies in Channing, Hart and Turner, 
Guide to American History (1912), § 45; Car- 
negie Institution, Handbook of Learned Societies 
(1908). Albert Bushnell Hart. 

LECOMPTON CONSTITUTION. See Anti- 

Lecompton Democrats; Kansas; Kansas 
Struggle; Law and Order Party; Slavery 
Controversy. 

LEE, ROBERT EDWARD. Robert E. Lee 
was born in Stratford, Westmoreland County, 
Virginia, January 19, 1807, and died at Lexing- 
ton, Virginia, October 12, 1870. A son of "Light 
Horse Harry" Lee, he was connected with 
Revolutionary tradition and he naturally chose 
a military career; he was sent to West Point, 
where he made an extraordinary record as a 
student, graduating in 1829 at the head of his 
class. Two years later he married Mary Cus- 
tis, a great granddaughter of Mrs. Washing- 
ton, and became proprietor of the Arlington 
estate. He rose gradually to the rank of 
captain in the regular army, rendering 
brilliant service in the Mexican War and was 
at its close pronounced one of the best officers 
in the country. From 1852 to 1855 he was 
superintendent of the military academy at 
West Point, and from 1855 to 1860 he was 
on the southwestern frontier. He lamented 
the secession movement but joined the Virginia 
forces in April, 1861, and speedily rose to 
the rank of general in the Confederate army. 
In June, 1862, he took command of the troops 
around Richmond, which were later organized 
as the army of Northern Virginia. With this 
army he fought most of the great battles of 
"the war in the east, surrendering only a rem- 
nant of it at Appomattox, April 9, 1865. No 
general on either side won a higher repu- 
tation either as a soldier or as a man. At 
the close of hostilities he urged upon the South 
the quiet acceptation of defeat and submission 
to the federal power, while he set an example 
by taking the presidency of Washington Col- 
lege. He was more than successful in his new 
vocation and under his administration the 
school prospered as never before and at his 
death its, name became Washington and Lee 
University. See Civil War, Influence of, on 
American Government ; Confederate States ; 
Virginia; Wars of The United States. 
References: R. E. Lee, Recollections and Let- 
ters of General R. E. Lee ( 1904 ) ; H. A. 
White, Robert E. Lee and the Southern Con- 
federacy (1897); G. Bradford, Jr., Lee, the 
American (1912). W. E. D. 



LEGAL PROCEDURE, PROPOSED RE- 
FORM OF. Criminal law has not kept pace 
with the progress of the country: it is cumber- 
some and antiquated because it attaches undue 
importance to technicalities and tends to sac- 
rifice substantial justice to form. Among the 
reforms that have been advocated by many 
bar associations and legal writers are the fol- 
lowing: greater promptness in starting 
trials, greater simplicity in the framing 
of indictments, bestowal on the prosecuting 
attorney of the power to amend defective in- 
dictments during the trial when it can be done 
without injustice; abolition of the grand jury 
and the substitution of prosecution upon in- 
formation except in capital cases; abolition of 
the rule which disqualifies jurors who have 
formed opinions on hearsay evidence or news- 
paper report, except when their opinions are 
fixed; reduction in the number of peremptory 
challenges allowed the accused; reduction in 
the number of persons and classes noW exempt 
from jury service; simplification of pleading; 
prohibition of protracted examinations and 
controversies concerning the admission of evi- 
dence; extension of the power of the judge so 
as to include the right to overrule, finally, ob- 
jections concerning the admission of evidence 
— subject to review by a higher court only in 
case of abuse of discretion; authority of the 
judge to sum up the evidence for the jury and 
comment on its weight, and, in general, to ex- 
ercise a larger power of control over the trial 
such as judges enjoyed at common law and now 
enjoy in England; right of the prosecuting at- 
torney to comment on the failure of the ac- 
cused to testify in his own behalf; modifica- 
tion of the rules in regard to double jeopardy 
and incriminating testimony; abolition of the 
unanimity requirement for verdicts except in 
capital cases; modification of the rule of rea- 
sonable doubt, abolition of the rule of pre- 
sumed prejudice in the case of harmless errors 
of procedure; restriction of the present wide 
latitude of appeal ; and prohibition of reversals 
by the higher courts unless it can be shown 
that the cause of the accused has been prej- 
udiced by the error or defect complained of. 

Justice demands that in the administration 
of the law its processes should not be allowed 
to become a game between contending coun- 
sel, but that cases should be determined final- 
ly and solely with regard to their merits. Now 
that the old severity of the criminal code has 
disappeared the present procedure is to a large 
extent out of harmony with modern conditions 
and should be changed in the interest of social 
security. A few states — notably New York, 
Oklahoma, and Wisconsin — have prohibited re- 
versals for mere technical error, and in 1911 
Congress passed a similar law for the federal 
courts. 

See Law, Criminal; Trials. 

References: R. Pound, "Dissatisfaction with 
the Administration of Justice" in Am. Bar 



321 



LEGAL EIGHTS OF PUPILS— LEGAL TENDER, CONSTITUTIONAL DISCUSSION OF 



Assoc, Reports (1906), Pt. I, 395, "Report of 
Committee E" in Journal of Am. Institute of 
Criminal Law, I (1910) ; W. P. Lawler, "Crim- 
inal Law and Procedure," in ibid, I (1911), 
584-594; M. C. Sloss, "Reform of Criminal 
Procedure" in ibid, I (1911), 705-717; Am. 
Year Book, 1911, 173, 176, i, ibid, 1912, 233. 

J. W. Garner. 

LEGAL RIGHTS OF PUPILS IN SCHOOLS. 

See Pupils in School, Legal Rights of. 

LEGAL RIGHTS OF TEACHERS IN PUB- 
LIC SCHOOLS. See Schools, Public, Legal 
Rights of Teachers in. 

LEGAL TENDER. This term refers to the 
kinds of money which by statutory enactment 
may be used in payment of a monetary obliga- 
tion. A commodity, or paper money, or coin 
may be so designated. See Legal Tender Con- 
troversy; Money, Theory of. D. F. D. 

LEGAL TENDER CASES. [Knox vs. Lee 
and Parker vs. Davis (1871) 12 Wall. 457]. 
The decision by the Supreme Court of the 
United States in one opinion in the specific 
cases here referred to is one of three deci- 
sions relating to the power of Congress to 
provide for the issuing of paper currency which 
shall be legal tender for private debts wheth- 
er contracted after or before the enactment of 
the legislation providing for such currency; 
and the three decisions should properly be con- 
sidered together. 

In the case of Hepburn vs. Griswold 
[(1870) 8 Wall. 603], it was held, after full 
consideration, that under none of its express 
powers did Congress have authority by im- 
plication or otherwise to provide for the 
issuance of treasury notes (greenbacks) which 
should be legal tender for private debts al- 
ready contracted. When this decision was 
rendered the Supreme Court of the United 
States consisted of eight justices, five of whom 
concurred in the decision, the others dissenting. 
But Congress had already provided for the 
appointment of an additional justice and one 
of the justices who had participated in the de- 
cision of the case in conference (voting with 
the majority) had resigned before the decision 
of the court was announced; and after the 
filling of these two places by appointment and 
confirmation, increasing the membership of the 
court to nine, other cases were submitted in- 
volving the same question, and a majority of 
the members of the court (the chief justice 
and three associate justices dissenting) over- 
ruled the decision previously announced in 
Hepburn vs. Griswold, and upheld the consti- 
tutionality of the statute, making treasury 
notes legal tender for private debts which were 
in existence prior to the enactment of the 
statute. This decision was rendered in 
the cases which are specifically reported 



as Legal Tender Cases. To some extent 
the majority of the court supported their con- 
clusion by the argument that the legal tender 
acts were valid as a war measure, but subse- 
quently, in the case of Juilliard vs. Greenman 
[reported under the title of Legal Tender 
Case, 110 U. 8. 421 (1884)] the whole sub- 
ject was reviewed with reference to the valid- 
ity of a statute passed after the conclusion of 
the war authorizing the issuance of legal ten- 
der treasury notes, and it was held with only 
one dissent that the statute was constitution- 
al, being within the power expressly conferred 
upon Congress to regulate the currency, em- 
phasis being placed upon the fact that Con- 
gress is the legislature of a sovereign nation. 

The objection which would have been valid 
as against similar state legislation that the 
obligation of contracts was thereby impaired 
was met by the proposition that Congress is 
not prohibited in the Federal Constitution from 
impairing the obligation of contracts. 

See Contract, Impairment of; Green- 
backs; Legal Tender Controveesy. 

References: As to the history and relations 
of the three decisions above referred to, see 
J. B. Thayer, "Legal Tender" in Harv. Law. 
Rev., I (1887-8), 73; E. J. James, "The Legal 
^Tender Decisions" in Am. Econ. Assoc, Pub- 
lications, III (1889), 49; H. L. Carson, Hist- 
ory of the Supreme Court (1891), 442-457. 
Emlin McClain. 

LEGAL TENDER, CONSTITUTIONAL DIS- 
CUSSION OF. The constitutional right of 
Congress to make the treasury notes, author- 
ized by the act of February 25, 1862, and by 
subsequent statutes, a legal tender, was denied 
by many persons at the time of legislation. 
Cases were early brought before the courts. 
In 1868 it was held by the Supreme Court in 
Lane County vs. Oregon (7 Wall. 71) that 
the notes were not legal tender for state 
taxes; and in Bronson vs. Rodes (7 Wall. 228) 
that they were not legal tender in settlement 
of contracts specifically calling for payment of 
specie. 

Legal Tenders Invalidated. — The broader 
question of the right of Congress to force 
notes upon individuals in their private trans- 
actions was brought before the Kentucky 
state court of appeals, and decided adversely 
in the case of Griswold vs. Hepburn (8 Ken. 
603). An appeal was taken to the Supreme 
Court of the United States. The question at 
issue, however, was limited in its scope. The 
defendant, in 1860, executed a promissory note 
on which payment was due February 20, 1862, 
five days before the passage of the first legal 
tender act. Payment was defaulted, and in 
1864 suit being brought, the payment of the 
note was offered in United States notes but 
refused by the plaintiff as not a proper satis- 
faction of the indebtedness. This position was 
upheld by the Supreme Court (Hepburn vs* 



322 



LEGAL TENDER CONTROVERSY 



Griswold, 8 Wall. 603), in 1870, by five to 
three (one vacancy). The court decision pre- 
pared by Chief Justice Chase, who had been 
Secretary of the Treasury and favored the act 
when passed, held that the act applied to pre- 
existing contracts, but that Congress in so 
legislating exceeded its constitutional rights. 
The making of notes legal tender for such 
purposes was not "necessary and proper" for 
carrying into execution governmental power; 
neither the right to coin money nor to issue 
notes implied the right to make the notes 
legal tender. The dissenting opinion inter- 
preted the Constitution broadly, giving Con- 
gress the right to select its agencies for carry- 
ing out its powers; and the particular right 
at issue was justified as incident to the pow- 
er to borrow money. 

Legal Tenders Held Constitutional.— (Knox 
vs. Lee). A second case, originating in Mass- 
achusetts, in which the state court upheld a 
payment by notes instead of coin, came before 
the Supreme Court in 1870, and was decided 
in May, 1871 (12 Wall. 457). This decision 
was a reversal of the previous opinion; two 
new justices had taken office, and joined in 
the minority with the three judges in the 
Hepburn case, and constituted the majority. 
The court then held (Chief Justice and three 
others dissenting) that the question was the 
constitutional right of Congress to define the 
characteristics of money, and above all the 
right to exercise whatever powers were deemed 
necessary in time of war. 

This speedy reversal of opinion by the 
highest court of the nation gave rise to an un- 
fortunate controversy. Charges were made 
that the court had been "packed" by the 
selection of the two new judges, in order to 
secure the desired decision, whereby the Re- 
publican party would be upheld in its war 



policy, and commercial interests would not be 
disturbed by a sudden change in the accepted 
qualities of the current medium. The 
best historical judgment, however, is to the 
effect that, while the judges selected were 
known to be in general agreement with the 
principles of the Republican party, there was 
no prearranged understanding which would 
in the slightest degree justify the charge of 
a bargain. 

The decision of 1871 did not cover the right 
of issue of legal tender notes in time of peace. 
The act of 1878 (May 31) provided that out- 
standing notes if received by the treasury 
should be cancelled, but that new issues should 
take their place. This right was passed upon 
by the Supreme Court in the case of Juilliard 
vs. Greenman in 1883 {Legal Tender Cases, 12 
Wall. 457). There was now more general 
agreement; the Court with only one dissenting, 
declared that Congress might issue legal ten- 
der notes not only in time of war but also in 
time of peace, as an incident to the right of 
borrowing; Congress had also the right to 
regulate coinage and thereby to legislate on 
currency in all its details; the decision also 
includes the principle that Congress had the 
right, in the exercise of sovereign power com- 
monly used by governments when the Consti- 
tution was framed, to issue paper money. 

See Contkact, Impairment of; Currency; 
Greenback Labor Party ; Greenbacks ; Paper 
Money in the U. S.; Treasury Notes. 

References: J. J. Knox, United States Notes 
(1885) ; S. P. Breckinridge, Legal Tender 
(1903), 49-137; M. L. Muhlemann, Monetary 
and Banking Systems (1908), 39-45; D. R. 
Dewey, Financial History of the United States 
(1907), 359, bibliography; A. B. Hart, Salmon 
P. Chase (1899), 389-414. 

Davis R. Dewey. 



LEGAL TENDER CONTROVERSY 



Legal Tender Issues. — No government paper 
money was given the legal tender quality in the 
United States until 1862. Owing to the needs 
of the treasury, suddenly imposed by the 
Civil War, it was deemed imperative to re- 
sort to a forced issue of treasury notes, as 
had been previously done in the War of 1812, 
the panic of 1837, the Mexican War of 1846, 
and the panic of 1857. But the emergency was 
now so great that an issue far in excess of 
previous legislation was proposed; and it was 
argued that this could not be successful un- 
less the legal tender quality was attached to 
the notes. 

By the act of February 25, 1862, $150,- 
000,000 treasury notes were authorized, and 
made legal tender except in customs payments 
to the Government, or interest payments on 



bonds by the Government. Further issues, 
each of an equal amount, were authorized July 
11, 1862 and March 3, 1863. Certain short- 
time interest-bearing notes were also made 
legal tender, but as these were quickly funded 
after the Civil War, the controversy which 
subsequently engaged public interest was con- 
cerned exclusively with the greenbacks which 
had no definite date of redemption. To these 
issues there was bitter antagonism based on 
grounds of inexpediency and unconstitutional 
right. On the whole they were accepted as 
the exercises of a war power required to pre- 
serve the integrity of the nation. 

When the war was over there was an in- 
sistent demand on the part of advocates of an 
early resumption of specie payments, that the 
legal tender notes be retired. For a brief 



323 



LEGATIONS 



period it appeared that this view would meet 
with general approval; and in December, 1865, 
the House of Representatives almost unani- 
mously pledged itself to a speedy contraction 
of the currency. This decision, "however, did 
not reflect the real sentiment of the people. 
It was urged that contraction would introduce 
violent and disturbing changes which should 
be avoided until industry had adjusted itself 
to the needs of peace. The country should 
"grow up to specie payments"; the commercial 
needs and mining enterprises of the West, then 
under initial development, required the full 
amount of outstanding currency; and the stock 
of gold in the United States was small. As 
prices fell after the resumption of peace, these 
arguments became increasingly potent; an in- 
crease in currency, rather than a reduction was 
demanded. From these advocates the Green- 
back party emerged, advocating inflation. 

In April, 1866, the Funding Act was passed, 
providing not only for the conversion of short- 
time securities into long-term bonds, but also 
for a slight contraction of United States 
notes. Authority was given for the retire- 
ment of $10,000,000 within six months and 
for not more than $4,000,000 in any one month 
thereafter. Congress thus ordered a policy of 
caution and delay. Unfortunately the English 
panic of 1866 affected credit conditions in this 
country, and gave fresh support to the advo- 
cates of abundant currency. McCulloch, Secre- 
tary of the Treasury, who had predicted that 
resumption would be attained by July 1, 1868, 
was forced to abandon the use of his discre- 
tionary power to retire treasury notes, and 
on February 4, 1868, Congress, by large ma- 
jorities, voted against any further contrac- 
tion. The volume of greenbacks therefore stood 
at $356,000,000, a reduction of only $44,- 
000,000 since 1866. 

In 1871 and 1872 Secretary Boutwell, osten- 
sibly to relieve the money market, reissued 
some slight amounts of the treasury notes, to 
the gratification of inflationists and specu- 
lators. Prompt and sharp criticism, on the 
ground that an executive should not exercise 
such power without legislative control, led to 
their speedy retirement. But after the panic 
of 1873 there was a clamor for more govern- 
ment money. To this Secretary Richardson 
yielded and Congress, in 1874, passed a bill 
for a permanent increase to $400,000,000. 
This President Grant vetoed, on the ground 
that an increased circulation was a departure 
from the principles of finance and from con- 
gressional and party pledges. In 1875, Con- 
gress authorized resumption and placed the 
minimum limit of greenback circulation at 
$300,000,000. 

Congressional action, however, did not check 
agitation. In 1876 dissatisfaction with the 
financial policy of the Government was so 
bitter that it became crystallized in a separ- 
ate political organization known as the Green- 



back or National party, and later on the 
Greenback Labor party {see). It demanded not 
only the repeal of the resumption act, but the 
issue of legal tender notes convertible into 
securities bearing 3.65 per cent interest, and 
the suppression of bank notes. It was as- 
serted that the issue of currency was a sov- 
ereign right, not to be delegated to corpora- 
tions, but to be exercised solely by the Gov- 
ernment; the credit of the Government was 
sufficient to maintain its value; whatever the 
law makes money, is money; bondholders and 
banks were denounced as oppressors of the 
people. 

In 1876 the Greenback party polled 82,000 
votes; and in 1878, over 1,000,0*00. This was 
the high water mark, and after 1884 the party 
did not figure in a national election. The 
inflationists found an outlet for their activity 
in the agitation'for the free coinage of silver. 
Since the cessation of silver coinage in 1894 
there have been occasional demands that the 
greenbacks be funded, but with the financial 
growth of the country the insignificance of the 
treasury issues as compared with the total 
volume of money, has seemed less and less im- 
portant. The greenbacks are retained as a 
species of token money, convenient to the pub- 
lic, serviceable as reserves to banks, and re- 
tained in preference to an interest bearing 
obligation or a substitute which would entail 
additional taxation. 

See Greenbacks; Legal Tender, Consti- 
tutional Discussion of; Paper Money in 
the United States; Treasury Notes. 

References: W. D. Foulke, Life of Oliver P. 
Morton (1899), II, 74-102, 317-338; A. D. 
Noyes, Thirty Years of American Finance 
(1898), 21-56; E. N. Dingley, Life of Nelson 
Dingley, Jr. (1902), 134-156; D. R.. Dewey, 
Financial History of the U. S. (1907), 378- 
382; A. B. Hart, Salmon P. Chase (1899), 
389-414. Davis R. Dewey. 

LEGATIONS. The word "legations" is used 
in international law as the generic term for 
agencies by which a state is represented in 
foreign countries. The right of legation may 
be considered either as the right of the state 
to appoint diplomatic agents and to establish 
a legation in a foreign country, in which case 
the right is said to be active; or as the right 
of the foreign state to receive diplomatic repre- 
sentatives from other countries and to permit 
the establishment of a legation, when it is 
said to be passive. The right of representation 
is an established rule of international law, re- 
sulting from the necessity of intercourse be- 
tween nations. The duty to receive the diplo- 
matic representatives of a foreign state does 
not extend to the reception of permanent en- 
voys, although in actual practice they are 
regularly received. A state has the right to 
determine for itself the individuals whom it 
wishes to send as its representatives; but on 



324 



LEGISLATION— LEGISLATION AND LEGISLATIVE PKOBLEMS IN CITIES 



the other hand, it is the undoubted right of the 
foreign state to refuse to receive a given in- 
dividual who is objectionable to it. Hence it 
is usual for a state to communicate, in ad- 
vance, the names of ambassadors and ministers 
whom it desires to appoint to the foreign 
country, and to receive formal assurance from 
the foreign state that the appointee will be 
persona grata. The right to foreign repre- 
sentation is a characteristic of sovereign 
states ; hence protected states and states under 
the suzerainty of another, do not possess the 
right of diplomatic representation unless by 
agreement with the protecting state. 

The requirements of international inter- 
course were met in the ancient world by special 
commissions or embassies for particular pur- 
poses. In the thirteenth century it became the 
custom, especially of Venice and of the Italian 
states, to establish permanent legations. By 
the end of the fifteenth century the larger 
states of Europe were permanently represented 
by diplomatic agents. After the Treaty of 
Westphalia in 1648, the system, which had 
gradually become general, may be said to have 
become universal. Certain small states, for 
reasons of domestic convenience, sometimes ap- 
point the same representative to two or more 
countries; and at times several states unite 
in appointing a single representative to the 
same country. 

See Ambassador; Diplomacy and Diplo- 
matic Usage; Envoy Extraordinary; Extra- 
territoriality; and under Diplomatic. 

References: L. Oppenheim, Int. Law (1912), 
I, 437-481; J. B. Moore, Digest of Int. Law 
(1906), IV, §§ 623-695. 

James Brown Scott. 

LEGISLATION. Legislation in one of the 
most important sources of the law. Markby 
defines it as "the expressly declared will of the 
sovereign authority. When t'he sovereign au- 
thority declares its will in the form of a law, 
it is said to legislate; and this function of 
sovereignty is called legislation: the body 
which deliberates on the form and substance 
of such laws before they are promulgated is 
called the legislature." In the United States, 
Congress and the legislatures of the several 
states are legislative bodies of their respective 
sovereignties. In England, Parliament is the 
supreme legislative body. Legislation, how- 



ever, may be delegated to subordinate legis- 
lative bodies whose acts are as truly legis- 
lation as the acts of the higher legislative 
bodies; thus the by-laws of municipal corpo- 
rations are properly called legislation. 

Law that has its source in legislation is 
properly known as enacted law, or as statute 
law, as opposed to the common law, or case 
law, the law laid down in the decisions of the 
courts. Blackstone and other writers have 
used the expressions written and unwritten 
law to denote this distinction. But this is in- 
accurate for much law that is not legislation is 
reduced to writing, i. e., the decisions of the 
courts as embodied in bound volumes of 
official reports of judicial decisions in 
every state in the Union. Legislation as 
a source of law has the following char- 
acteristics: (1) Subject to the restric- 
tions of a written constitution and to its 
interpretation by the courts, it is supreme. 
All law in conflict with it is abrogated. It is 
therefore, an indispensible instrument to 
legal growth and reform. (2) It can by way 
of anticipation make rules for cases which 
have not arisen, whereas case law is created in 
the very act of applying it. (3) Legislation 
as it appears in modern statutes is brief, 
comparatively clear, and easily accessible. 

The two chief checks on the supremacy of 
legislation are : ( 1 ) Written constitutions such 
as obtain in the United States and in the 
several states ; and the power of interpretation 
of statutes vested in the courts. If an act of 
legislature contravenes some provision of a 
written constitution it is the duty of the 
courts to declare it invalid. (2) Owing to the 
imperfections of language statutes cannot be 
entirely clear, nor can they interpret them- 
selves. It is accordingly, the duty of the 
courts, as occasion arises in the presentation 
before them of cases involving the statutes, to 
declare the meaning of them, "and it is with 
the meaning declared by the courts, and with 
no other meaning, that they are imposed on 
the community as law" (Gray). 

See Equity; Jurisprudence; and under 
Law. 

References: J. C. Gray, The Nature and 
Sources of the Law (1909), ch. viii; W. Mark- 
by, Elements of Law ( 6th ed., 1905 ) , ch. ii ; 
T. E. Holland, Jurisprudence (10th ed., 1906), 
73. J. W. 



LEGISLATION AND LEGISLATIVE PROBLEMS IN CITIES 



Structure of the American Municipal Council. 
— The municipal legislature in American cities 
consists of an elective council commonly made 
up of a single chamber, but in many cases 
divided into two chambers. It has been esti- 
mated that, taking the country as a whole, 



about one-third of the cities follow the bi- 
cameral plan. Of the ten largest cities, New 
York, Chicago, Boston, Cleveland, Pittsburgh 
and San Francisco have a single-chamber coun- 
cil, while Philadelphia, St. Louis, Baltimore, 
and Buffalo have two chambers. 



325 



LEGISLATION AND LEGISLATIVE PROBLEMS IN CITIES 



Bicameral System. — The introduction of the 
bicameral system in municipal organization 
came after the American Revolution and was 
due to the application of the so-termed federal 
analogy. Prior to the Revolution, the legis- 
lative organ of the colonial boroughs consisted 
of a single council only. The bicameral coun- 
cil was established in the expectation that it 
would serve as part of a system of checks and 
balances (see) ; its maintenance has usually 
been defended on the ground that single cham- 
bers are, in both state and city government, 
prone to hasty and ill-considered action, and 
that they are too easily controlled by some 
partisan or corporate influence for selfish ends. 
When a city has a two-chamber council, one 
branch is usually called the board of aldermen 
and the other the common council. Sometimes, 
however, other names are used for the upper 
branch; in Philadelphia it is called the Select 
Council, and in St. Louis the House of Dele- 
gates. 

Size and Term. — In size both branches vary 
widely. At the head of the list is Philadel- 
phia with forty-one members in one branch 
of its municipal council and one hundred and 
forty-nine in the other. The single chambers 
in New York and Chicago comprise seventy- 
nine and seventy members respectively, San 
Francisco has a single chamber of eighteen 
members, called the supervisors, and the Bos- 
ton city council contains only nine members. 
Members of the upper branch of the city coun- 
cil are usually elected for a two or four-year 
term; members of the lower branch in most 
cases are chosen for a shorter period, commonly 
one or two years. The two-year term is per- 
haps the more common except in the cities 
of New England, where the practice of elect- 
ing councilmen annually is still strongly main- 
tained. Where terms are short, reflections 
are common; but it is seldom that councilors 
serve over six or eight years at the most. In 
this respect the traditions of American cities 
differ very widely from those of English muni- 
cipalities, where ten, or even twenty years of 
service at the council board is not worthy 
of any comment. 

Qualifications of Councillors. — As a general 
rule any qualified voter may become a candi- 
date for election to either branch of the city 
council, but in some cases an additional resi- 
dence requirement is imposed. In a few cities 
it is stipulated that aldermen and councillors 
shall be at least twenty-five years of age, and 
in a few others it is required that they shall 
have been residents of the city for four or five 
years. In addition, many city charters pro- 
hibit councillors from holding any other pub- 
lic office or from being pecuniarily interested 
in any municipal contract. No American city 
exacts a property qualification from council- 
lors nor is previous experience in public office 
either required or expected from those who 
seek election to the municipal council. The 



common council represents about the lowest 
rung of the ladder in American public life. 
It is where many men have begun their politi- 
cal careers, but in more recent years member- 
ship in the council has not been regarded as 
affording any amount of useful training for 
subsequent service. In the larger cities muni- 
cipal councils attract very few men of ability 
or business capacity. Very rarely is it true 
that any considerable percentage of the coun- 
cillors own property; on the contrary, it would 
probably be found that in most large American 
cities the majority, of the councillors contribute 
nothing but an annual poll tax to the city 
treasury. 

Salaries. — Most cities give members of the 
council an annual salary. In New York an 
alderman receives $2000 a year; in Boston 
councillors are paid $1500; in smaller cities 
the remuneration is $1000 and less. Alone 
among the larger cities Philadelphia and Pitts- 
burgh give their municpal legislators no re- 
muneration, but a like policy is pursued in 
many of the smaller municipalities. The 
calibre of councilmen seems to be, however, in 
no way related to the salaries paid. When a 
substantial remuneration is given, places at 
the council board are frequently sought by 
men whose capabilities would not command 
any such return in private employment. On 
the other hand, when cities pay only a nominal 
stipend, or nothing at all, men who have large 
business interests to engage their attention 
are frequently deterred from making the sacri- 
fice which gratuitous service in the council 
demands. 

Methods of Selection. — There are three sys- 
tems of selecting members of municipal coun- 
cils: election by wards, election at large, and 
election by a combination of both these 
methods. With the single-chamber council the 
first of these three methods is the one most 
commonly used, but where the city council 
has two branches^ it is almost an invariable 
practice to pursue different methods in the 
election of each branch. Under the system of 
ward election, the city is apportioned into 
a number of districts, each of which chooses 
one, two, or three councillors. Chicago, for 
example, elects its seventy councilmen two 
from each of the thirty- five wards; in Phila- 
delphia the one hundred and forty-nine mem- 
bers of the common council are chosen from 
the forty-one wards in the city, each ward 
having representation in proportion to its 
population. Boston and San Francisco are 
about the only large cities which elect all 
their councillors, numbering nine and eighteen 
respectively, on a general city ticket. Many 
smaller cities, however, elect the members of 
their common council in this way. 

Ward and General Ticket Systems. — There 
has been much discussion concerning the rel- 
ative methods of the ward and general ticket 
system of choosing municipal councillors, and 



326 



LEGISLATION AND LEGISLATIVE PEOBLEMS IN CITIES 



it is often alleged that the ward method of 
election has been primarily responsible for the 
mediocrity of the members chosen. It affords 
a standing incentive to the gerrymander (see), 
it makes possible the control of a majority 
of the council by a minority of the city voters, 
and it places an undue premium upon section- 
al interests. One thing, however, the ward sys- 
tem seems to have in its favor : it does secure 
representation of different geographical and 
political interests throughout the city. Elec- 
tion by general ticket, while it is likely to 
secure a choice of better men, as councillors, 
does not afford an adequate guarantee that all 
sections and interests shall be represented. 
Under that system it is not only possible, but 
even probable, that successful candidates will 
come wholly from one political party if the 
municipal ballot bears party designations, .as 
it usually does. When nominations are made 
by political conventions or caucuses, it can 
usually be arranged to give the different sec- 
tions of the city due recognition on the slates 
of candidates ; but where nominations are made 
by direct primaries or by petition, this cannot 
be so arranged and some districts are accord- 
ingly likely to be left without representation 
at all. In Boston some years ago, when the 
thirteen members of the board of aldermen 
were elected at large, one political party regu- 
larly managed to capture the whole board 
until the legislature intervened and required 
by statute that voters should mark their 
ballots for not more than seven candidates, 
although thirteen were to be chosen. Thence- 
forth the majority party in the city was as- 
sured of seven aldermen, while the minority 
party regularly secured the remaining six. 
The board was always so closely balanced po- 
litically that deadlocks were frequent and the 
city's business was greatly obstructed in conse- 
quence. Some similar arrangements for secur- 
ing minority representation have at various 
times been tried in other cities, notably in 
New York and Chicago, but in no sense have 
they proved satisfactory. The objections to 
the system of electing councillors at large, 
however, simply beg the question as to 
whether either geographical or political repre- 
sentation was something to be desired. Can 
any policy which is admittedly to the advant- 
age of the whole body of citizens be determined 
by the voters of any one neighborhood, party, 
race, or creed? The ward system rests upon 
the premise that political parties as such 
have a necessary place in municipal affairs and 
that their interests should be duly regarded in 
the composition of a city government. This 
doctrine cannot be supported either by reason 
or experience, and it is out of harmony with 
the present-day drift in public sentiment. 
Those American cities which have reorganized 
their administrative arrangements during the 
last ten years have, without exception, tried 
to lessen the recognition afforded to political 



parties or to particular districts of the city. 
The open primary, the system of nomination 
by petition, the removal of party designations 
from the ballot, the scheme of preferential 
voting, are all important steps in this direc- 
tion. With the adoption of these various 
features, the chief props of the ward system 
disappear. 

Nomination of Councillors. — Candidates for 
election to the council are nominated in a 
variety of ways. In a few cities the ward or 
city caucus still remains. In some others the 
party convention chooses candidates for elec- 
tion at large. Many cities have replaced the 
caucus and the convention by the party 
primary, each party holding its own primary 
and choosing its own official candidates. In 
Massachusetts, except Boston, the joint party 
primary is in vogue, both parties selecting 
their candidates on the same day. During 
recent years a number of cities, particularly 
those which have adopted the commission type 
of government, have established the non-parti- 
san primary, at which candidates are selected 
without regard to their affiliations. In 
Boston candidates for election to the city 
council are placed in nomination by petitions 
bearing the signatures of at least five thousand 
qualified voters. The merits and faults of 
these various plans of nomination have been 
widely discussed and, while the drift of opin- 
ion seems to be very strongly against the 
caucus and convention, there is no consensus of 
opinion as to the superiority of any one of 
the remaining methods over the others. The 
elections are conducted everywhere by secret 
ballot and in almost all American cities the 
so-termed Australian ballot is used. In most 
cases the ballot bears after the name of each 
candidate his party designation, thus placing 
a marked premium on partisan regularity 
among the voters. A plurality of votes is 
usually sufficient to elect a councilman, and 
as there are almost invariably more than two 
candidates for the same vacancy, the successful 
candidate is commonly chosen by a minority of 
the voters. Council elections may be voided 
on the usual grounds, but the council is in 
practically every case the sole judge of the 
qualifications of its own members and decides 
among other things whether or not a council- 
man has been fairly elected. Being itself a 
partisan body, the council is quite apt to give 
its decision on this matter upon partisan 
grounds and not upon the real merits of the 
case. 

Organization and Procedure of Councils. — In 
organization and procedure municipal councils 
are much the same throughout the United 
States. Regular meetings are held at the city 
hall, weekly in the larger cities, fortnightly 
in the smaller. Special meetings may be called 
whenever a certain number of members ask 
for it. In a few cities, notably in Chicago and 
Providence, the mayor presides at all council 



327 



LEGISLATION AND LEGISLATIVE PKOBLEMS IN CITIES 



meetings, but as a rule the council or each 
branch of it selects its own presiding officer. 
This is done at the first meeting after an elec- 
tion, and a clear majority of votes is usually 
necessary. Hence the selection of a presiding 
officer is not infrequently delayed for weeks 
or even months through the inability of a 
majority of the members to agree upon a 
Choice. Where party discipline is good the 
selection is virtually made at a preliminary 
caucus by the members of the majority party 
in the council. The presiding officers usually 
hold office for a single year. The council, 
furthermore, determines its own rules of pro- 
cedure and usually adopts a set of rules at its 
opening meeting. Ordinarily the rules of the 
preceding year are readopted with such inci- 
dental changes as may be deemed desirable. 
These rules are not rigid and may usually be 
suspended by a two-thirds vote. 

Council Committees. — Most of the council's 
routine work is performed by standing com- 
mittees, and where the council has two branches 
these committees are made up of members from 
both chambers. In the larger cities the coun- 
cil has from a dozen to thirty committees, each 
with a membership of from five to fifteen 
members. Among these committees the most 
important are those which deal with appro- 
priations, public works, streets, police, fire 
protection, and public health. Unlike its 
English prototype the American council com- 
mittee has little or no decisive influence upon 
the ultimate action of the municipal authori- 
ties. Eecommendations of committees carry 
slight weight with American councils and are 
readily brushed aside whenever a majority of 
the councillors differ from the committeemen. 
In fact, the committee system, as it operates 
in American cities, serves only to foster hap- 
hazard and unbusinesslike handling of public 
affairs. Councils neither study matters them- 
selves nor pay due heed to the recommenda- 
tions of those who have studied them. The 
frequency with which a committee's conclu- 
sions are set aside has tended to deprive com- 
mitteemen of all proper sense of final responsi- 
bility and has led them to do their important 
work in a slipshod and half-hearted way. 
Large councils must, of course, do most of 
their work through standing committees; but 
if the judgment of councillors who have given 
a matter no thought is to be held quite as 
reliable as that of those to whom the ques- 
tion has been committed for study, a committee 
system will avail little to secure enlightened 
action. The propaganda for smaller councils 
derives much of its support from the feeling 
that the committee system, as it seems in- 
variably to work out in American cities, can 
never be made to serve the cause of efficient 
administration. 

General Legislative Powers. — The powers of 
the city council seem almost to defy any 
attempt at concise enumeration. For the most 



part, except in those cities which have com- 
mission government, they represent a residuum, 
that is to say the mere remnants of a once 
comprehensive authority which has been badly 
shorn during the last fifty years. Such author- 
ity as remains may, however, be conveniently 
divided into, first, legislative, and, second, ad- 
ministrative powers. The legislative powers 
exercised by city councils extend, as a rule, to 
the following: 

( 1 ) Matters relating to the structure of city 
government not provided for in the city 
charter. — Charter provisions usually determine 
the methods of selecting all city officers, their 
terms of service, and their compensation. But 
where the charter fails to prescribe the mode 
and conditions of appointments, the council 
is usually competent to make the necessary 
arrangements by ordinances. 

(2) The exercise of the local police power. — 
Within this somewhat broad field is included 
the right to enact suitable ordinances for the 
protection of life and property, as well as 
for the preservation of the public health and 
morals. Ordinances relating to traffic in the 
streets, fire limits and fire regulations, build- 
ing laws, sanitary rules, ordinances providing 
for the inspection of milk and food products 
or for the standardizing of weights and meas- 
ures, rules governing the conduct of theaters 
and other places of amusement; all these are 
examples of the exercise of local police power. 
Authority to make some of these regulations 
has been in a few cities taken away from the 
council and entrusted to special administrative 
boards. But in most cases the council still 
retains and exercises the police powers of the 
city. 

(3) Powers connected with municipal fi- 
nance. — The council in most cities determines 
the annual tax rate although it does not decide 
what property may be assessed for taxation. 
This is a matter determined by state law. 
The council also as a rule makes such exemp- 
tions or abatements as are permitted by the 
statutes. It likewise makes the annual appro- 
priations whether in the form of an annual 
budget or in the form of individual reso- 
lutions. Occasionally the annual budget is 
drawn up and laid before the council by one 
of its own committees, but more often this is 
done by the mayor or by a board of estimate 
and apportionment. However the appropri- 
ations may originate, they can become effective 
only with the consent of the council, although 
the charters of some cities place restrictions 
upon the right of the council to increase any 
appropriation proposals laid before it. In 
New York, for example, changes in the budget 
by way of increase can be made only by a 
three-fifths vote of the council. In Boston 
the city council may reduce the estimates laid 
before it by the mayor, but may in no case add 
to them. The city council, moreover, is an 
important factor in the exercise of the city's 



LEGISLATION AND LEGISLATIVE PROBLEMS IN CITIES 



borrowing powers; for all loans, whether 
temporary or permanent, its assent is in- 
variably required. 

(4) Powers relating to public utilities and 
municipal services. — In most cities the muni- 
cipal council has authority, under the strict 
limitations prescribed by state law, to en- 
franchise public service corporations for oper- 
ations within the limits of the municipality. 
No municipal prerogative has been more gross- 
ly abused than this. As a franchise-granting 
authority the city council has usually made 
its most serious errors. Hence it has come 
to pass that in many states the franchise- 
granting authority of the city councils has been 
subjected -to such stringent limitations that 
it no longer can be said to be an important 
power. Sometimes this takes the form of 
constitutional or statutory enactments for- 
bidding the council to grant franchises over a 
longer period than twenty or thirty years or 
provisions making all votes of the council 
relative to franchises subject to popular re- 
ferendum. Sometimes, again, state legislatures 
have arrogated a part at least of the franchise- 
granting power to themselves and have ex- 
ercised this directly. The role of the city 
council in this particular field has accordingly 
become much less important than it used to be. 
On the other hand, where the city itself owns 
and operates any public service such as water 
or lighting, the council usually retains the 
right to regulate by ordinance the terms and 
incidents of such service. In most cases the 
service itself is under the immediate manage- 
ment of some elective or appointive board 
which is not dependent upon the council; but 
the funds for maintaining the plant have to be 
provided by council concurrence, and this gives 
the latter body an important voice in the de- 
termination of all questions relating to the 
general management. 

(5) Miscellaneous Poivers. — In every city 
charter the ordinance power of the municipal 
council is extended to many matters which do 
not readily admit of simple classification, and 
in some cities the whole school system is al- 
most directly under the council's control and 
not a dollar can be appropriated for education- 
al purposes save by council action. In other 
cities the schools are under a separate board 
or committee which has its own powers to 
tax and to borrow or which is by state law 
guaranteed a certain share in the annual tax 
receipts. In many other departments of muni- 
cipal administration, such as police, fire pro- 
tection, sanitation, parks, and streets, the 
city council determines by ordinances the 
salaries and wages of department officials and 
employees, the hours of labor, and the respec- 
tive duties of all those who have places on the 
city pay roll. 

While the council has lost many important 
powers, it still retains shreds of jurisdiction 
over a considerable area and consequently the 



annual output of city ordinances is very large. 
The revised ordinances of Chicago make up 
two solid volumes of over a thousand pages 
each. Other cities are in this respect not far 
behind. There is no limit by law to the num- 
ber of petty ordinances which the city council 
may enact, and there seems to be no limit fixed 
by public opinion. The courts have insisted 
that such ordinances shall be reasonable in 
motive, not oppressive in character, general in 
their application, consistent with the public 
policy of the state as expressed on the statute 
book, and not beyond the scope of the coun- 
cil's powers as set forth in the charter of the 
municipality. Judicial decisions have laid 
down these various principles with unequal 
degrees of strictness in different states, so 
that questions relating to the validity of any 
municipal ordinances can be determined only 
by a careful study of the laws and decisions of 
each locality. 

Administrative Powers. — As a matter of 
political theory councils have no administrative 
powers, but as a matter of fact they do exer- 
cise authority which is distinctly administra- 
tive in nature and highly important in scope. 
In some cities the council still makes important 
appointments; in others its assent is necessary 
to appointments made by the mayor. It 
commonly has the right to require reports from 
city departments and may, through its com- 
mittees, investigate any branch of the city's 
business. Through its power to refuse ap- 
propriations it can make its will felt in any 
department of the city's administrative service. 
But taken as a whole the powers of the council 
(except in cities governed under the com- 
mission plan) are not such as to give it a 
dominant influence in administrative matters. 
And the whole tendency seems to be to take 
away from the council even the few adminis- 
trative powers which it still exercises. 

See Alderman; City and the State; City 
Record; Commission System of City Govern- 
ment; Local Self-Government ; Municipal 
Government in the United States, Organi- 
zation of; Municipal Veto of State Acts; 
Representative Government; Salaries of 
Public Officials; Separation of Powers; 
Tammany. 

References: A. R. Hatton, Digest of City 
Charters (1906), esp. 74-228; J. A. Fairlie, 
Essays in Municipal Administration (1908), 
ch. vii; F. J. Goodnow, Municipal Government 
(1909), ch. x, Municipal Problems (1904), chs. 
i-ix; H. E. Deming, Government of American 
Cities (1909) ; D. B. Eaton, Government of 
Municipalities (1898) ; Boston Finance Com- 
mission, Reports, I-IV, passion; F. C. Howe, 
The City, the Hope 6/ Democracy (1905), ch. 
xi; J. Bryce, American Commonwealth (4th 
ed.^ 1910), chs. 1-lii; National Municipal 
League, Municipal Program ( 1904 ) ; Am. Year 
Booh, 1910, and year by year. 

William Bennett Munro. 



329 



LEGISLATION, BRITISH SYSTEM OF 



LEGISLATION, BRITISH SYSTEM OF 



Bills. — Bills in Parliament are grouped in 
three classes: (1) government bills; (2) 
private members' bills; (3) private bills (see). 
A government bill is a measure which has the 
approval of the Cabinet, and on which all 
members of the Cabinet are agreed. The more 
important government measures are announced 
in the speech from the throne at the opening 
of Parliament; and a government bill goes 
through its stages in the House of Commons in 
the time reserved for government business. 
For the divisions on a government bill the 
whips (see) summons all supporters of the gov- 
ernment; for in the case of an important bill an 
adverse division might end the existence of the 
government. A government bill is drawn up 
by draftsmen in the permanent civil service; 
and it is usually introduced to the House of 
Commons by the minister at the head of the 
department of state concerned with the subject 
of the bill. A bill for an amendment of the 
poor law or of the municipal code would origi- 
nate with the Local Government Board; a 
railway bill with the Board of Trade; and a 
bill affecting penal establishments with the 
Home Office. Take as an example of govern- 
ment bills a measure for an amendment to the 
poor law; it would be drawn up by the parlia- 
mentary draftsmen of the Local Government 
Board, receive the approval of the Cabinet, and 
be introduced by the president of the Local 
Government Board, who would be in charge of 
it in all its stages in the House of Commons. 

Readings. — Unless a bill be of more than 
ordinary importance, the first reading stage in 
brief, and little more than formal. Second read- 
ing is the critical stage. Principles and to 
some extent details are then explained by the 
minister in charge. Discussion is general; 
and if the principle of the bill is then accepted, 
only lack of time usually stands in the way of 
the passage of the measure. At this stage the 
minister in charge of the bill has the support 
of his colleagues of the Cabinet in making out 
the case for the measure. On the opposition 
side of the House the lead in discussion at 
second reading stage is taken by the member 
who filled the position held by the minister 
in charge of the bill when the opposition was 
last in office. The usual motion to bring about 
the rejection of a bill is that "it be read a 
second time this day six months." If second 
reading is agreed to, the bill, except it be a 
money bill, or unless the House otherwise 
order, goes to one of the four standing com- 
mittees. Each of these committees is of sixty 
to eighty members. A bill may be sent to 
committee with or without instructions. If 
by order of the House there are special in- 
structions they must be definite and limited, 



and must be such as enable the committee to 
do something which it would not otherwise be 
able to do without going outside the scope and 
frame work of the bill. The minister who in- 
troduced the bill is in charge of it before com- s 
mittee. After a bill has gone through commit- 
tee it is reported by the chairman to the House. 
A motion is then made that the bill as amend- 
ed be considered. The Speaker is in the chair, 
and there is much less freedom of discussion 
at report stage than in committee. Except the 
member in charge of a bill or a member who 
has moved an amendment, no one can speak 
more than once — as is the rule at second and 
third reading stages. If an amendment of a 
complicated character be adopted the bill may 
be recommitted. This reading is the final stage 
of a bill, and as at second reading a motion 
to reject is in order. After third reading the 
House orders that the clerk carry the bill to 
the Lords and desire their concurrence. 

In the House of Lords the procedure is much 
the same as in the Commons, and when a bill 
has completed its stages there it is ready for 
the royal assent. Occasionally government 
bills of a minor character are introduced in 
the Lords. Except as regards money bills there 
is no hard and fast line as to the House in 
which a bill may originate; but most of the 
ministers at the head of departments of state 
are usually of the House of Commons, and in 
the case of important and contentious bills 
there are tactical advantages in introducing 
them in the House of Commons. 

Private Member's Bills. — The stages of a 
private member's bill and the procedure gen- 
erally are the same as on a government bill. 
Leave to introduce must be obtained, and 
many bills are read a first time each session; 
but the number of these bills that get as far 
as second reading becomes smaller each year, 
and it is seldom indeed that a private member's 
bill becomes law. Members who are in charge 
of these bills ballot for the few available days 
on which government business has not the right 
of way; and if successful the member has an 
opportunity of moving the second reading of 
his bill. It can be talked out or rejected at 
this stage; but even if it passes its second 
reading the chances of carrying it through its 
remaining stages in the House of Commons 
and through all its stages in the House of 
Lords are slender in the extreme unless the 
government takes it over and becomes respon- 
sible for its passage. Before 1867 a fair 
amount of legislation originated with private 
members. Increasing pressure of government 
business is continually diminishing the oppor- 
tunities of private members ; and today almost 
the only usefulness of private members' bills is 



330 



LEGISLATION, DIRECT 



the opportunity that their introduction in the 
House of Commons affords for the education of 
public opinion, for testing the feeling of the 
House, and for pressing legislative proposals 
on the attention of the government. 

Private Bills. — Private bills are measures by 
which, under carefully guarded conditions de- 
termined by standing orders of the two houses, 
statutory powers are conferred on municipali- 
ties, on dock and harbor boards, on railway 
and street car, gas and electric companies. 
These bills correspond to public utility char- 
ters in the United States. A private bill origi- 
nates in a petition deposited in the private 
bill office of the House of Commons. Adequate 
local and general public notice must be given 
of a petition in order that memorials against 
it may be filed. Petitions and memorials go 
before examiners acting for the two Houses; 
and if the standing orders have been complied 
with, the petition is embodied in a bill which 



is read a first and a second time in the House 
of Commons and sent to a select committee. 
Before the committee counsel appear for and 
against the bill, and witnesses are examined on 
oath. The powers of the committee are partly 
judicial and parfly legislative. From the com- 
mittee the bill is reported to the House, where 
its remaining stages are similar to those of a 
government or a private member's bill. 

See Cabinet Government; House of Com- 
mons; Parliament; Party Government in 
Great Britain. 

References: W. R. Anson, Law and Custom 
of the Constitution (3d ed., 1909), I; J. Red- 
lich, The Procedure of the Bouse of Commons 
(1908), II, III; J. Halcombe, Practical Treat- 
ise on Passing Private Bills through both 
Bouses of Parliament (1838); F. Clifford, 
Eist. of Private Bill Legislation (1885-87) ; 
A. L. Lowell, The Government of England 
( 1908 ) . Edward Porritt. 



LEGISLATION, DIRECT 



Early Examples. — Direct legislation, the 
initiative and the referendum are terms which 
found no place in the language of practical 
politics in America before 1890. Yet even in 
colonial days experience had offered something 
of precedent and analogy. Thus in the Ply- 
mouth colony, for years after the towns had 
begun to send deputies to their representative 
legislature, the "whole body of the freemen" 
continued to appear at the June court, and 
there made laws and repealed such of their 
representatives' enactments as "proved preju- 
dicial to the whole." Long after this custom 
had lapsed because of the proved efficiency of 
the representative system, the difficulties of 
travel and the unwieldiness of the court, the 
freemen continued to express their will 
by instructions to their deputies. The vot- 
ers' right to instruct their representatives in 
the legislature was expressly set forth in the 
bill of rights of the Massachusetts constitution 
(1780), and it was freely used, both before 
and after the Revolution. But, in contrast 
with modern direct legislation or with the 
working of "public opinion" laws, it is to be 
observed that such instructions were given not 
to the legislators m general and by the massed 
voters of the commonwealth, but to an in- 
dividual deputy, by his own constituents, ariTl 
ordinarily by the very town-meeting by which 
he was elected. 

In 1778 the proposed "frame of government" 
was submitted to the voters of Massachusetts 
and rejected. Two years later the new consti- 
tution was submitted to popular vote, and 
adopted. Thus was set the precedent for what 
in America remained for more than a century 
the indigenous and almost exclusive form of 
direct legislation — the popular vote upon state 



constitutions and amendments thereto. Of the 
constitutions in force in 1911, only four went 
into effect without ratification by the people. — 
Mississippi, 1890; South Carolina, 1895; Dela- 
ware, 1897; Virginia, 1902 {see Constitution 
Making ; Constitutional Convention ) . 

Public Opinion Bills. — A later form of direct 
legislation arose from the growing distrust of 
state legislatures. This manifested itself in 
clauses inserted in the newer constitutions re- 
quiring that legislative acts upon certain sub- 
jects such as the increasing of the state's bond- 
ed debt, or the sale of school lands should not 
go into effect unless ratified by popular vote 
(see Constitution Making; Constitu- 
tions, State, Limitations in). Later it be- 
came somewhat common for legislatures to 
attempt to shift responsibility upon perplexing 
measures by passing laws subject to approval 
by the people at the polls. But the courts 
put a stop to this practice, declaring that, in 
the absence of authorization by the constitu- 
tion, it was an unwarranted delegation of leg- 
islative power. Of course, no such prohibition 
lies against the legislature's calling for a popu- 
lar vote as a mere test of the people's wishes 
in regard to a given proposition {see Local 
Option). Thus, the establishment of free 
schools was voted on in New York, 1849, and 
the granting of municipal suffrage to women, 
in Massachusetts, 1895. Such a quasi-referen- 
dum, though having no legal force as an "in- 
struction," may have considerable weight 
with the legislature. In 1901 popular pressure 
secured the enactment in Illinois of a law 
which provides that by petition ten per cent 
of the registered voters may require the sub- 
mission of a given proposal, as a "question of 
public policy," to the electorate of the entire 



70 



331 



LEGISLATION, DIRECT 



state. Delaware has passed a similar law, and 
such "public opinion bills" have been vigorous- 
ly urged in several other states. In effect a 
vote, taken under such a law as that of Illinois, 
operates as an "advisory initiative." Its ob- 
vious intent is to bring pressure to bear upon 
the legislators to vote for the proposed measure 
under peril of the charge of disobedience to 
the "people's will," as evidenced in the popular 
vote. For reasons stated above, such a pro- 
cedure finds no valid precedent in Massachu- 
setts obsolete method of instructing representa- 
tives. 

Ordinary Legislation by Initiative and Ref- 
erendum. — South Dakota {see) in 1898, took 
the lead in introducing a comprehensive scheme 
of direct legislation, applicable not only to 
changes in the constitution but to ordinary 
laws as well. But Oregon's {see) system, put 
into operation by the constitutional amendment 
of 1902, is the one which has been most thor- 
oughly tested, and which may best be present- 
ed as the type which is being followed by other 
states. On petition signed by legal voters 
equal in number to at least eight per cent of 
the number voting for justice of the supreme 
court at the preceding regular election, and 
duly filed, not less than four months before 
the date of the general election, with the 
secretary of state, he must place the pro- 
posed measure upon the ballot, and it be- 
comes a part of the state's law if a majority 
of the votes cast upon that question are in 
its favor. Such is the initiative. The same 
law provided for the referendum. On petition 
of five per cent of the above number of voters, 
filed within ninety days after the adjournment 
of the legislature, any specified measure must 
be submitted to the people's verdict at the next 
general election. In 1906 it was provided that 
the referendum might be invoked not only upon 
entire laws, but also upon individual items or 
parts of laws. Provision for direct legislation, 
following in general this model, has been in- 
corporated in the constitutions of the follow- 
ing states: South Dakota, 1898; Oregon, 1902; 
Nevada, 1905; Montana, 1906;, Oklahoma, 
1907; Maine, 1908; Missouri, 1908; Arkansas, 
1910; Colorado, 1910; Arizona, 1911; Califor- 
nia, 1911; New Mexico, 1911; North Dakota, 
1911; Idaho, 1912; Ohio, 1912; Nebraska, 
1912; Washington, 1912; Michigan, 1913. In 
many other states the initiative and referen- 
dum have been under discussion, and amend- 
ments providing for them are now (1914) 
awaiting the people's verdict in several states. 
In Illinois and Delaware, the "advisory initia- 
tive" is likely soon to lead to genuine direct 
legislation. New Jersey is experimenting with 
the initiative and referendum in cities. 

Minor differences are found in the systems of 
the several states as to the number of peti- 
tioners necessary to secure the submission of 
a measure to the people either by initiative or 
referendum; as to the length of time during 



which the proposal must be before the people; 
as to the vote required to adopt it; and as to 
the process of dealing with emergency meas- 
ures. 

Percentage of Voters. — Direct legislation has 
met with most favor in the newer states of the 
west, though the recent accession of Maine and 
New Jersey to the ranks of the states which 
have adopted it, shows that the movement in 
its favor is making progress in more conserva- 
tive sections. It is evident that communities 
differ markedly in their disposition toward it, 
and that experience in its use increases the 
voter's interest in it. In Massachusetts, from 
the adoption of her constitution, 1780, to 1907, 
58 questions have been submitted for a yes or 
no vote by the entire electorate of the common- 
wealth. Of these 39 were answered in the af- 
firmative and 19 in the negative. In contrast 
with the record in this conservative state, at 
the four general elections since direct legisla- 
tion was introduced in Oregon, 1902, there have 
been submitted to her voters 64 questions, 32 
of them on a single ballot, November 8, 1910. 
Of these 64 measures, 31 were adopted and 
33 rejected. In the case of the 58 Massachu- 
setts referenda, the aggregate vote upon the 
several measures, as compared with the vote 
cast at the same election for gubernatorial 
candidates, varied from 101.3 down to 3.3 per 
cent. In twelve instances the vote fell below 
25 per cent of the gubernatorial vote; the aver- 
age percentage of them all was only 54.4. On 
the other hand, on the 32 measures voted upon 
in Oregon, in 1910, the highest vote cast was 
89.4 per cent of the aggregate vote for gover- 
nor, but the lowest was 62.3 per cent of that 
aggregate. 

Reasons. — The movement to secure the adop- 
tion of the initiative and referendum, which 
began to make itself felt after 1890, found it3 
origin neither in abstract theorizing nor in 
ultra-democratic desire on the part of the 
voters to take power into their own hands for 
the pleasure of exercising it, but rather in a 
determined resolve to provide themselves with 
correctives for the bad work or the negligences 
of indifferent, irresponsible and boss-ruled leg- 
islatures. It is the anticipation of some of the 
most earnest advocates of the initiative and 
referendum that, as these devices were called 
into existence by defects in the representative 
assemblies, so, after the novelty has worn off, 
they will be rarely brought into requisition ex- 
cept where the legislature is proving scandal- 
ously unrepresentative. 

The first consideration which has induced one 
state after another to adopt direct legislation 
is that through the referendum the people are 
enabled to annul ill-considered or pernicious 
legislation. Members of state legislatures are 
often selected not because of their exceptional 
competence to deliberate upon and determine 
matters of high concern to the state, but as 
pawns in the game of national politics. The 



332 



LEGISLATION, DIRECT 



product of a legislature thus chosen has often 
shown scant regard for the public welfare in 
comparison with the private or political for- 
tunes of the bosses who have sent their tools 
to the legislature. The referendum has proved 
an effective device for killing bad laws; more- 
over, the knowledge that it can be invoked acts 
as a preventive to the enactment of such laws. 
The "strike" and the franchise-steal have been 
practically eliminated. The corrupting lobby 
tends to disappear, for its employers lose con- 
fidence in the returns upon their investment, 
when any shady piece of legislation may be 
forced into the glare of state-wide publicity 
and made to undergo the ordeal of a popular 
vote. 

But in recent years American states have of- 
ten suffered less from the inadequacy or bad- 
ness of the bills that have been passed than 
from the legislature's indifference to public 
needs and its persistent refusal to deal with 
them. To meet this situation the initiative 
affords the logical remedy. It is significant 
that the measures which have made Oregon a 
pioneer in the renovation of state government — 
the direct primaries act (including Oregon's 
revolutionary device for securing popular con- 
trol over the election of United States Sena- 
tors, see Senate), the corrupt practices act 
(see), the workmen's compensation act (see 
Employer's Liability) — have all been enacted 
by the people, voting upon initiative proposals, 
after their representatives in the legislature 
had defeated or refused to act upon such meas- 
ures. 

An important incidental gain from direct 
legislation is its educative effect upon the elec- 
torate. It is beyond dispute that in Oregon 
the interest of the voters has been keenly 
enlisted, and the discussions and the voting 
upon such widely varied state issues have 
caused a diffusion of intelligence upon econom- 
ic and political problems which is highly ex- 
ceptional. It follows that laws, enacted by 
popular vote after thorough and spirited dis- 
cussion, carry with them a greater impressive- 
ness and command more loyal observance than 
laws which may owe their enactment to the 
chance coalition of partisan groups in an 
unrepresentative legislature. 

Grounds for Distrust. — But both theory and 
experience furnish arguments to those who 
look upon direct legislation with distrust. Its 
critics insist that in law-making it substitutes 
the average for the exceptional intelligence, 
that it proceeds upon the assumption that be- 
cause members of the legislature have done 
unsatisfactory work, they with the masses 
of voters — who chose these very men as their 
representatives — will show a high grade of leg- 
islative wisdom and public spirit in the ballot- 
booth. But the defenders of direct legislation 
reply that experience has shown the average 
legislature to be made up not of skilled and 
distinguished legislators but of very ordinary 



citizens, who too often have been seduced by 
party interests or the temptations of power. 

A natural prediction that the mass of the 
voters would enact class legislation, particu- 
larly in the way of confiscatory taxation, has 
not been confirmed by experience. Nor has the 
fear that direct legislation would put ultra- 
radicals in control been realized. For, while 
it is not difficult to obtain the requisite num- 
ber of signatures to initiate revolutionary pro- 
posals, the securing a majority in the popular 
vote is a very different matter. In fact, in 
America as in Switzerland, the working of 
direct legislation has proved to be surprisingly 
conservative, and in both countries it has lost 
favor with some groups of radicals who have 
discovered that in the give-and-take of party 
groups in a legislature they stand a better 
chance than when, after months of the openest 
publicity, single proposals are submitted to 
popular vote. It is not to be denied, however, 
that in handling direct legislation measures 
the voters often show the same parsimony 
which frequently characterizes town-meeting 
government in matters relating to salaries of 
elective officers and of those who render pro- 
fessional services. As a result the public of- 
ten fails to secure the most efficient and hence 
most economical service. 

Both theory and experience show that 
when the enacting of laws is shifted from leg- 
islative halls to the ballot-booth, there is a 
serious loss of certain excellencies which cen- 
turies of parliamentary practice have imparted 
to representative government, at its best. The 
mere adoption of the initiative and referendum 
does not in itself make effective any substitute 
for the direct clash of argument which charac- 
terizes parliamentary debate, for the expert 
drafting which a measure is likely to receive 
at the hands of experienced legislators, nor 
for the searching investigation possible at the 
hands of a small legislative committee with 
specialized knowledge in that particular de- 
partment of legislation. The most intelligent 
advocates of direct legislation acknowledge 
that the success of their system will be con- 
tingent upon its evolving equivalents for these 
salutary features of the older legislative pro- 
cedure. But in fairness it must be conceded 
that the direct legislation movement has owed 
its vigor to the fact that in the ordinary legis- 
lature of recent years tbese very safeguards 
have not proved adequate to prevent the pass- 
age of many laws which were not in the public 
interest. Initiative measures are sometimes 
crude; Oregon voters solemnly gave their ap- 
proval to a bill which proved null and void 
because it contained no enacting clause. But 
crudity is not lacking in the output of every 
session of Congress or state legislature. It is 
creditable to the voters' intelligence and in- 
tegrity that in passing verdict upon legislative 
proposals they rarely fail to detect chicanery. 
It is the boast in Oregon that no measure 



333 



LEGISLATION, DIRECT 



which contained a "joker" has ever escaped de- 
feat at the hands of the voters. At any rate, 
their record in that respect is in creditable 
contrast with that of Congress and many a 
state legislature. 

Variations in Laws. — Serious difficulty may 
arise from the fact that a law enacted by the 
people may prove at variance with the great 
body of the state's law and practice. An Ore- 
gon constitutional amendment gave to the cit- 
ies of the state the widest measure of home- 
rule "to enact and amend their municipal 
charter, subject to the constitution and crimi- 
nal laws of the State of Oregon." It has 
proved a difficult task to secure any definite 
and authoritative interpretation as to what 
range of power is really to be allowed to cit- 
ies. A question which may arouse some ap- 
prehension is, who are the real sponsors of 
direct legislation measures? Signatures are 
easily secured for almost any petition, and 
there is danger that the mass of names may 
make a deeper impression upon the heedless 
that the merit of the measure deserves. In 
August, 1911, five hired petition-circulators 
were under arrest in Oregon charged with com- 
plicity in the forging of 8000 signatures on a 
single referendum petition. Not only may 
demagogy dictate initiative and referendum 
measures, but it has been found that the ref- 
erendum may be invoked for partisan reasons 
or even for personal spite, with an intent to 
delay or complicate the settlement of an issue. 

Facilities for Information. — If law-making is 
to be transferred from the capitol to the bal- 
lot-booth, it follows that a mere educational 
qualification for the suffrage (see) is not ade- 
quate, but that the state must provide facili- 
ties by which every conscientious voter may 
inform himself as to the issues he is to de- 
cide. Whatever measure of success has been at- 
tained by efeirect legislation in Oregon has been 
largely due to intelligent provision which that 
state has made to equip the voter for his new 
tasks. The law requires that every measure 
which is to be submitted to the people on de- 
mand of duly signed initiative or referendum 
petitions must be filed not less than four 
months before the general election. The duty 
is devolved upon the attorney general to formu- 
late a candid and comprehensive ballot title 
for each measure. The secretary of state then 
compiles the campaign book. This contains 
each measure's ballot title and number, with 
spaces for the cross against Yes and No, pre- 
cisely as these will confront the voter in the 
ballot-booth. Next there is printed the pro- 
posed law, without change or abbreviation, in 
order that the voter may familiarize himself 
with the precise proposition upon which he is 
to record his verdict. Next, under each meas- 
ure the book contains such arguments for or 
against it as interested parties may choose to 
prepare for that purpose; they pay only the 
exact cost of the paper and printing required 



for these arguments. Eight weeks before the 
general election, the secretary of state must 
mail a copy of this campaign book to every 
registered voter in the state. The cost of press- 
work, binding and postage is borne by the 
state as a legislative expense as logical and 
legitimate as the charges for members' salaries 
or committee hearings in the ordinary legisla- 
tive session. In the state-wide distribution of 
this campaign book is found the explanation 
both of the exceptionally large vote cast in 
Oregon upon direct legislation measures as 
compared with similar votes in other states, 
and also of the discrimination shown by the 
voters in adopting or rejecting measures. The 
campaign book furnishes the authentic text 
for earnest discussion between individuals and 
before all sorts of organizations throughout 
the state. It is said that, in 1910, the total 
cost to the state for printing, binding, and 
mailing the 208 page book setting forth the 
32 measures with accompanying arguments, 
to every registered voter in the state was less 
than 20 cents apiece, and that the total of such 
costs to the state for the initiative and referen- 
dum in the four elections since their introduc- 
tion, 1904 — 1910, on 64 measures was less than 
$50,000. 

In Local Government.— In the United States 
the initiative and referendum have been most 
strongly advocated in the field of state law- 
making. But in increasing measure they are 
being invoked in local government. One of the 
most fruitful sources of evil in American city 
government has been the absolute control which 
the state legislature held over the cities which 
were its creatures (see City and the State). 
In recent years, however, not only has law 
generally required that charters and their 
amendments be subject to ratification by popu- 
lar vote in the city concerned, but in some 
states the abuses of special legislation have 
been still further checked by giving cities at 
least a suspensive veto upon legislative acts 
applying to individual municipalities. An 
Oregon law, secured in 1906 by popular vote 
provides, that the people of every city shall 
have power to make and amend their city char- 
ters on all local matters, free from special in- 
terference from the legislature. This power 
has been freely exercised. At the municipal 
election, June 5, 1911, the voters of Portland 
passed upon 23 projects of direct legislation, 
17 of which were proposed amendments to the 
city charter; 13 had been referred to the vot- 
ers by the city council. Eight measures had 
been proposed by initiative petition; and two 
were ordinances which had been passed as 
emergency measures by the city council and 
had been in effect for nearly a year, but were 
now brought before the voters by referendum 
petition — and both of them were rejected. The 
votes upon the 23 measures showed that Port- 
land citizens took a serious interest in these 
matters of their own government — the lowest 



334 



LEGISLATION, DIRECT 



vote on one of these measures was 76 per cent 
of the aggregate of votes cast for filling the 
most hotly contested office in that election — 
and that they were disposed to be conservative 
and frugal in guarding the permanent inter- 
ests of the city. 

In the Federal Government. — Few advocates 
of direct legislation believe that the initiative 
and referendum are directly applicable to na- 
tional law-making. Aside from the objections 
ordinarily urged against direct as compared 
with representative legislation, there arise two 
of great weight. In the first place, a national 
initiative or referendum would not accord with 
our federal system of government. In the 
second place, the peace of the community and 
the stability of industry would be exposed to 
appalling hazards, if national legislative issues 
were to be determined by majorities which 
might have been turned into minorities by a 
dozen votes in an electorate of 20,000,000 scat- 
tered over the immense domain of the United 
States. But the spirit back of the direct leg- 
islation movement has already affected Con- 
gress and is likely to have still greater influ- 
ence in the future. By the initiative the people 
of Oregon secure effective popular control 
of senatorial elections, and within seven years 
this novel lead has been followed in ten other 
states. The direct primary is everywhere rec- 
ognized as a child of the same parentage as 
the initiative. Through changed laws as to 
nominations and elections, the responsibility 
of members of each house of Congress is being 
more effectively enforced, for through the di- 
rect primary a congressional election, like a 
general election in England, takes on the char- 
acter of a referendum upon the work Congress 
had done or left undone. 

Unsettled Questions. — Experience has raised 
some unsettled questions in regard to direct 
legislation. The law usually provides that by 
declaring a certain measure to be required by 
the public health, peace or safety, the legisla- 
ture may pass it to go into effect at once, upon 
signature by the governor. Although it may 
later be annulled on referendum petition, it is 
obvious that meantime irreparable action might 
have been taken. A second question relates to 
the effect which the introduction of direct legis- 
lation is to have upon the personnel and spirit 
of the representative legislature. The most 
intelligent advocacy of direct legislation in- 
sists that its principal object is remedial and 
preventive, and that by it the legislature 
should be made more genuinely representative, 
with the result that appeal to the initiative 
and referendum would become less frequently 
necessary. In Oregon it is the general testi- 
mony that since the initiative and referendum 
have come into use, the legislature has become 
"money-honest" and freed from the lobby; but 
its members have shown themselves sullen or 
restive under the restraints of direct legisla- 
tion, and have not risen to more responsible 



335 



leadership of public opinion. A further ques- 
tion is whether, in Oregon at least, it is not 
made too easy for a small minority to keep 
forcing their pet measure upon the ballot, with 
little proof that it is of genuine public interest. 
Thus in Oregon, in the face of steadily increas- 
ing majorities, four times in ten years the 
question of woman's suffrage has been placed 
upon the ballot. As a defense against such in- 
effective importunity, some states require that 
a rejected initiative measure shall lie in abey- 
ance for at least three years. The abuses 
which have already developed in the heedless if 
not fraudulent signatures secured by hired peti- 
tion-circulators have led to the suggestion that 
these petitions should be filed with the county 
clerk and signed only by persons who felt 
enough interest in the given proposal to pre- 
sent themselves at that office in person. More- 
over, it is greatly to be desired that the num- 
ber of measures upon which the electors are 
called to vote at any one election he kept 
within reasonable limits. It is absurd that at 
one time the voter should have to pass judg- 
ment on a score or more of different projects. 

There is merit in a variation from the ordi- 
nary form of the initiative, now being advo- 
cated in some states — that the initiative be 
applicable only to measues which have been 
introduced in the legislature. Where, as in 
Massachusetts, the committees report to the 
legislature upon all bills submitted to them, 
this would conserve valuable opportunities for 
legislative investigation and debate, while giv- 
ing the people power either to repeal laws 
passed by the legislature, or to take up and 
enact any measure to which the legislature had 
refused its assent. 

See Initiative; Legislature and Legisla- 
tive Reform; Local Option; Primary, 
Direct; Recall; Referendum; Representa- 
tive Government. 

References: J. Borune, Jr., in V. S. Sen. Doc, 
61 Cong., 2 Sess., No. 524 (May 5, 1910, Feb. 
27, 1911) ; R. L. Owen, "The Code of the Peo- 
ple's Rule" in Sen. Docs., 61 Cong., 2 Sess., No. 
603 (1910) ; C. S. Lobingier, The People's Law 
(1909) ; A. L. Lowell and others, "The Referen- 
dum in Operation" in Quart. Review, CCXIV, 
1911, 509-538; G. H. Haynes, "People's Rule in 
Oregon" in Pol. Sci. Quart., XXVT, 1911, 32- 
62, 432-442; J. W. Garner, in Am. Sci. 
Assoc, Proceedings, IV (1907), 164-174; J. 
Bryce, Am. Commonwealth (4th ed., 1910), I, 
ch. xxxix, 464-480; B. J. Hendrick, "Initiative 
and Referendum" and "Law-making by the 
Voters" in McClure's Magazine, XXXVII, 
1911, 235-248, 435-450; S. W. McCall, "Rep- 
resentative against Direct Government" in At- 
lantic Mo., CVLLI (1911), 454-466; Pacific 
States Telephone and Telegraph Co. vs. Oregon 
(1912); G. Bradford, The Lesson of Popular 
Government (1899); E. M. Phelps, Selected 
Articles on Imitiative and Referendum (1909) ; 
Pacific Telephone Co. vs. Oregon, 223 U. S. 118 ; 



LEGISLATION, DKAFTING OF— LEGISLATIVE OUTPUT, STATE AND NATIONAL 



M. .A. Schaffner, "Initiative and Referendum 
( 1907 ) ; Wisconsin Library Commission, Com- 
parative Legislation Bulletin, No. 11; C. A. 
Beard and B. E. Shultz, Documents on Initia- 
tive, Referendum and Recall (1912); C. L. 
Jones, Readings on Parties and Elections 
(1912), ch. x; E. P. Oberholtzer, Initiative, 
Referendum and Recall in America (1912) ; W. 
B. Munro, The Initiative, Referendum and Re- 
call (1912) ; A. E. Sewell, Public Opinion and 
Popular Government (1913). 

Geoege H. Haynes. 



LEGISLATION, DRAFTING 

Drafting of Legislation. 



OF. 



LEGISLATION, FILIBUSTERING IN. 

Filibustering in Legislation. 



See 



See 



LEGISLATION, PRESCRIBED METHODS 
AND FORM OF. See Bills, Course of; Bills, 
Title of; Constitutions, State, Limitations 

in. 

LEGISLATION, WHEN IT TAKES EF- 
FECT. By an old rule of the common law, 
statutes, unless it was otherwise provided, took 
effect from the first day of the session at which 
they were passed and were thus retrospective in 
operation. By a statute of 33 George III, how- 
ever, it was provided that thereafter acts of 
Parliament should take effect from the date 
upon which they received the royal assent, 
unless it was otherwise ordered. 

The laws of the United States take effect from 
the date of their approval by the executive. 
The Secretary of State is required to publish 
the laws in certain newspapers "as soon as con- 
venient" but they take effect, as stated, from 
the moment of their approval by the President. 

The constitutions of many of the states ex- 
pressly provide when statutes shall go into 
effect. In some it is provided that they shall 
take effect from the date of publication; in 
some on the fortieth day after their passage; 
in some on a certain day after the end of the 
session; in some on a certain day of the 
month, as July 1, or July 4, or June 1 
after their enactment. In other states the 
legislature is left free to prescribe the date 
when they shall take effect. In a few states the 
constitution provides that no act shall take 
effect until it has been published. Some, in 
fixing the date of taking effect, provide that 
in cases of emergency an act may be made to 
take effect at an earlier day provided the leg- 
islature shall by an extraordinary majority 
declare that the act is of an urgent character. 

See Acts of Congress; Statutes, State. 

J. W. G. 

LEGISLATIVE ASSEMBLY. The legislative 
assembly of a state is sometimes called the 
general assembly, or the state legislature. Tt 
is composed of two houses, the upper usually 



elected for a longer term than the lower. Their 
powers are defined in the state constitutions, 
and are limited also by the Federal Constitu- 
tion (Art. I, Sec. x). In many states the en- 
acting clause has been changed from "Be it 
enacted by the General Assembly," to "Be it 
enacted by the people of the state." See State 
Legislature. References: See constitutions 
of the different states; A. B. Hart, Actual 
Government ( 1908 ) , ch. vii. T. N. H. 

LEGISLATIVE OUTPUT, STATE AND NA* 
TIONAL. A characteristic feature of American 
legislation is the astounding quantity of en- 
actments passed by the national and state leg- 
islatures, in comparison with those of Europe. 
During the second session of the 58th Congress, 
3,992 acts were passed by that body. Of these, 
1,832 were public bills, 2,160 were private bills, 
and 40 were joint resolutions. During the ses- 
sion which ended in May 1910 more than 
36,000 bills and resolutions were introduced, 
of which more than 7,000 were passed. Of 
those passed, only about 500 were of a general 
public character. In the state legislatures, 
from October 1, 1904 to October 1, 1905, 13,530 
acts and joint resolutions were passed; from 
October 1, 1906 to October 1, 1907, the number 
was 16,064 and from October 1, 1907, to October 
1, 1908, it was 6,025. In one year the output 
of state legislation filled more than 25,000 
pages of printed matter. During the five years 
from 1899 to 1904 the total number of acts 
passed by the several state legislatures aggre- 
gated 45,552 of which 16,320 were public acts, 
the remainder being private and local enact- 
ments. Between 4,000 and 5,000 bills and 
resolutions have been introduced into the New 
York Legislature at a single session. A large 
portion of the acts enacted by the states are 
special or local acts. At two recent sessions of 
the Alabama legislature, 1,132 acts were passed 
of which all except 90 belonged to this class 
of bills. Compared with the legislative output 
of the British Parliament this enormous volume 
of legislation appears all the more striking. 
Bryce stated before the New York State Bar 
Association in 1908 that during the years 
1906 and 1907 Parliament, which is the legis- 
lature for 43,000,000 people, enacted but 114 
public general acts and that in 1908 it passed 
but 241 acts. The 114 statutes of 1906 filled a 
volume of 700 pages as compared with 5,000 
pages of statutes enacted by the Congress of 
the United States. The total number of bills 
introduced into Parliament during the last year 
mentioned was only 482. 

The excessive amount of legislation enacted 
in the United States is due partly to the Amer- 
ican fondness for legislation, partly to the pres- 
sure from localities and special interests, and 
partly to the American practice of regulating 
by statute many matters which in England are 
dealt with by statutory orders and on the con- 
tinent by ordinances {see). The bulkiness of 



336 



LEGISLATIVE POWER, THEORY OF 



American legislation is also due to the practice 
of descending into excessive detail in the prep- 
aration of statutes so as to leave the mini- 
mum of discretion to the executive officers 
charged with their enforcement. Much of this 
legislation, unfortunately, is crude, inferior in 
quality, ill considered and carelessly framed. 
In several states more than two-thirds of the 
bills enacted have been passed during the last 
week of the session. As a consequence, many 
of them are declared unconstitutional on ac- 
count of defective framing. From October 1, 
1907, to October 1, 1908, 51 acts of the state 
legislatures were declared null and void and in 
the following year 97 acts met a similar fate. 

See Acts of Congkess; Congress of United 
States; Congressional Government; Cost of 
Government in United States. 

References: "Index of Legislation" in New 
York State Library, Bulletin (annual) ; J. 
Bryce, The American Commoniuealth (4th ed., 
1910), I, 551-553; E. Freund, "Jurisprudence 
and Legislation" in Congress of Arts and 
Sciences,, Proceedings, 1904, VII; P. S. 
Reinsch, Am. Legislatures and Legislative 
Methods (1903), ch. x; H. J. Ford, Cost of Our 
National Gov. (1910), 38 et seq.; C. A. Beard, 
Readings in Am. Government and Politics 
(1911), 475-478; C. L. Jones, Statute Law 
Making (1912), ch. ii. James W. Garner. 



LEGISLATIVE POWER, THEORY OF. 

Generally speaking, the legislative power is the 
power to make, alter and repeal laws. It is 
the power through which the state creates and 
defines rights and duties, prescribes rules of 
conduct and regulates the relations among in- 
dividuals and between them and the state. In 
its widest sense, it consists in the formulation 
and expression of the will of the state, either 
through a constituent assembly, a legislative 
assembly or a local body to which the power 
of legislation has been delegated. In this sense, 
the framing of a constitution, equally with the 
enactment of a statute or the passing of a 
by-law by a public corporation is the exercise 
of legislative power. 

In a more restricted sense, the legislative 
power may be defined as the power exercised by 
a legislative body, it being understood, of 
course, that not all such power is in- 
trinsically legislative in character. Thus 
when the legislature participates in the 
appointing power it is exercising an executive 
rather than a legislative function. Similarly 
when it hears and tries impeachment charges, 
determines contested election cases and pun- 
ishes its members or other persons for con- 
tempt it is exercising functions which are really 
judicial in character. On the other hand it is 
rarely the case that all the legislative power of 
the state is vested in the legislature. The 
courts are frequently vested with the power of 
framing their own rules of procedure and 
through their power of interpretation and con- 



struction, they develop or create large bodies 
of "judge made law" {see Judicial Power). 
In Europe, especially, extensive powers of a 
quasi-legislative character are exercised by exec- 
utive and administrative officers through their 
power to issue ordinances (reglements, ver- 
ordungen), regulations and decrees. On the 
continent of Europe, particularly in France 
and Germany and to a less extent in England, 
this power is very considerable. There stat- 
utes are not framed with the excessive detail 
which characterizes American legislation, the 
executive being left by means of ordinances to 
supplement the statute and fill up the details. 
Even in the United States where the idea of the 
pouvoir reglementaire has never made the same 
headway as in Europe, the executive in fact 
exercises a considerable legislative power 
through proclamations and regulations in pur- 
suance of his duty to execute the laws. The 
regulations issued by the Secretary of the 
Treasury, the Secretary of War, and the Post- 
master General, in particular, constitute in 
the aggregate an important body of executive 
made law. They often lay down general rules 
which are binding not only upon administra- 
tive officers but upon large bodies of private 
citizens who are affected by them. Not infre- 
quently the power of independent legislation is 
specifically conferred upon the executive by 
Congress, notably in the government of terri- 
torial dependencies and districts occupied by 
the armed forces of the United States (see 
Ordinances, Executive ) . 

Delegation of Legislative Power. — The rule 
of American constitutional law that the legis- 
lative power cannot be delegated by the legis- 
lative department to any other authority or 
body must therefore be understood as having 
exceptions. It is not necessary that a legisla- 
tive act should be a completed statute when it 
leaves the hands of the legislature. Its taking 
effect may be conditioned upon some subsequent 
event, especially when that event is one which 
affects the question of the expediency of the 
law. For example, the operation of a tariff 
law may be conditioned upon the reciprocal 
action of a foreign country in respect to it3 
tariff policy (Field vs. Clark, 143 U. S. 649). 
But the weight of authority among the courts 
is that the approval of a statute by the people 
through a referendum is not an event which 
affects the expediency of the law and hence 
its validity cannot, in the absence of constitu- 
tional authority, be made to depend upon popu- 
lar approval {see Vote, Popular, on Legisla- 
tive Questions ) . Except where the constitu- 
tion expressly authorizes a referendum, there- 
fore, the legislature may not delegate its pow- 
ers of legislation to the people. But this prin- 
ciple does not prohibit the legislature from 
conferring the power of local legislation upon 
municipal or other local governmental bodies 
or powers of quasi-legislation upon the execu- 
tive or judicial authorities, and, in fact, many 
337 



LEGISLATIVE REFERENCE BUREAU 



constitutions require that certain acts of the 
legislature shall be submitted to the voters and 
approved by them before they may take effect. 
It has also been held that legislatures can give 
to a commission the power to fix rates or 
charges on certain businesses that are legally 
subject to such control, but a determination 
of rates is subject to judicial review as to 
reasonableness (see Prices and Charges; 
Separation of Powers; Legislation, Di- 
rect ; Referendum ) . 

Where, as is the practice in the United 
States, the principle of the separation of pow- 
ers is rather strictly followed, the legislative 
power can be exercised only by the legislative 
department unless the constitution recognizes 
exceptions (see Judicial Power; Separation 
of Powers). Likewise the legislative power 
does not extend, in the absence of constitu- 
tional provisions to the contrary, to acts which 
are intrinsically executive in character. It is 
the function of the legislature to prescribe 
rules of action and lay down commands, it is 
the function of the executive to enforce them. 
Thus the legislature cannot grant pardons or 
make appointments or direct the command of 
armed forces unless the constitution plainly 
vests it with such authority. 

Limitations on the Legislative Power. — The 
legislative power unlike the executive power, 
is usually granted in general terms, that is, 
without any attempt to set forth the objects 
to which it shall apply. The contrary rule, 
however, prevails with regard to the legislative 
power of the United States, the Constitution of 
which sets forth by enumeration the subjects 
upon which Congress is authorized to legislate. 
There is a tendency in recent years, however, to 
impose constitutional limitations upon the ex- 
ercise of the legislative power particularly in 
regard to financial legislation and legislation 
of a local or private character. Some of the 
newer state constitutions contain many such 
limitations and the disposition is to multiply 
them (see Constitutions, State, Limita- 
tions in). 

See Congress of United States; Judiciary 
and Congress; Law, Constitutional, Ameri- 
can; Separation of Powers. 

References: T. M. Cooley, Constitutional 
Limitations (7th ed., 1903), chs., v-vi; A. V. 
Dicey, Law of the Constitution (3d ed., 
1910), lect. II; F. J. Goodnow, Comparative 
Administrative Law (1897), Bk. 1, *ch. iii; 
J. Story, Commentaries on the Constitution 
(5th ed., 1891) ; J. W. Garner, Intro, to Polit. 
Sci. (1910), ch. xiv; C. L. Jones, Statute Law 
Making (1912), ch. 2. 

James W. Garner. 

LEGISLATIVE REFERENCE BUREAU. 

The legislative reference movement was initiat- 
ed by the appointment of a legislative librarian 
in the New York state library in 1890. This 
librarian indexed the laws of all the states 



so that their methods and experience might 
be available to the New York legislator. The 
idea, however, did not spread until 1901, when 
the Wisconsin legislative reference department, 
with Dr. Charles McCarthy in charge, was es- 
tablished by the Wisconsin Free Library Com- 
mission. 

The experience of this and other legislative 
bureaus indicates the following functions as 
proper for such an agency: (1) the syste- 
matic collection and organization of informa- 
tion useful in the consideration of problems 
of legislation; (2) the personal service of 
specially trained men in helping the legislator 
to the facts bearing on his specific problem; 
(3) the drafting of bills at the request of 
members or committees of the legislature. 

In New York, bill drafting had been carried 
on by a separate bureau under the immediate 
control of the legislature; the new department 
in Wisconsin combined bill drafting with the 
library and the trained personal service. This 
combination served the extremely useful pur- 
pose of bringing the department immediately 
into close personal relations with practically 
all the legislators who were anxious to have 
bills drafted, and this offered an excellent op- 
portunity to bring to the legislator's attention 
the facts and facilities for obtaining scientific 
information which could be placed at his dis- 
posal through the bureau. In a few states the 
legislative reference bureaus are not connected 
with the state library. In most cases, however, 
a special bureau has been created within the 
state library, at the head of which is a man 
specially trained and qualified for this parti- 
cular kind of work. 

The work needs to be entirely non-partisan, 
to serve all alike without regard to the per- 
sonal views of those in charge. Too much em- 
phasis cannot be placed on the importance of 
appointing properly qualified men. Several at- 
tempts have failed for lack of this essential. 
A necessary qualification is the ability to meet 
and gain the confidence of the members of 
the legislature; hence the work must be based 
on a broad knowledge of economics, govern- 
ment and public law, supplemented by a com- 
plete organization of facts. 

Among the leading legislative reference 
bureaus at the present time may be mentioned 
these of Wisconsin, New York, Pennsylvania 
and Indiana. Active work of this kind is also 
carried on in Massachusetts, Rhode Island, 
Connecticut, Maryland, Virginia, Ohio, Michi- 
gan, Iowa, Nebraska, Kansas, Texas, North 
Dakota, South Dakota and California. In a 
large portion of the above cases the work has 
been undertaken by the state library without 
special authorization; and in certain cases, 
notably Massachusetts, Rhode Island and Con- 
necticut, has been carried on under the im- 
mediate direction of the state librarian. 

See Bills, Course of; Committee System 
in United States; Drafting of Legislation; 



338 



LEGISLATIVE SYSTEM IN EUROPE 



Legislature and Legislative Reform; State 
Legislature; Statutes, State. 

References: Librarian of Congress, "Report 
Relative to Legislative Reference Bureaus" in 
Senate Docs., 62 Cong., 1 Sess., No. 7 (1911) ; 
Library of Congress, Legislative Drafting and 



Legislative Reference Bureau, "Hearings be- 
fore the Committee on the Library" in ibid, 
62 Cong., 3 Sess. (1913), 145; Charles Mc- 
Carthy, "Wisconsin Legislative Reference De- 
partment" in Am. Library Assoc, Proceedings, 
1905, 244-45. Robert M. Whitten. 



LEGISLATIVE SYSTEM IN EUROPE 



Functions: Legislation and the Budget. — 

Representative assemblies perform three func- 
tions. They are, first, law-making bodies; sec- 
ond, tax-laying and money-appropriating or- 
gans; third, agencies of executive control. In 
Europe, where the principle of ministerial re- 
sponsibility to the legislature has almost 
everywhere been adopted as a form of constitu- 
tional law, the relative importance of these 
three functions is quite different from its im- 
portance in the United States. The executive 
in parliamentary governments enjoys a far 
greater share in legislation than is per- 
mitted in states which rigidly apply the 
doctrine of the separation of powers. Up- 
on the continent, as in England, law-making 
is primarily the work of the ministry, 
the activity of the legislature being generally 
confined to criticism, amendment and accep- 
tance or rejection of the proposals submitted. 
Even within this rather narrow sphere its 
actual competence is limited. With respect to 
the raising and expenditure of revenue, which 
strictly is an administrative and not a legis- 
lative function, the representative bodies upon 
the continent are far more restricted than in 
the United States. The budget is always pre- 
pared and submitted by the ministry and modi- 
fications are possible only within comparatively 
narrow bounds. In Germany, moreover, it has 
come to be an accepted principle of public law 
that a representative assembly must not under 
any circumstances reject in toto the financial 
proposals of the government. The weight of 
juristic opinion would justify the executive, 
were the legislature to refuse to pass the bud- 
get, in proceeding without legislative warrant 
in laying taxes and expending the revenue. 

Functions: Control of the Executive. — It is 
in the field of executive control that European 
parliaments play their most important r6le. 
Nearly every European constitution contains 
an article making the ministry responsible to 
the legislature. The actual extent to which 
this constitutional prescription is realized var- 
ies. In Germany ministerial responsibility is 
far less developed than elsewhere in western 
Europe; but even in those states where the 
monarch retains a large amount of real power 
the institutions of parliamentary government 
have at least found lodgment, and the trend of 
political evolution is distinctly toward effective 
legislative control of the active agents of ad- 



ministration. Many of the continental consti- 
tutions contain provision for an impeachment 
process, but this penal sanction of ministerial 
responsibility has everywhere been superseded 
in practice by the more effective political guar- 
antees. By means of commissions of inquiry 
(technically termed enquetes) , by interpella- 
tions accompanied as they are upon the con- 
tinent by debates and votes, by the defeat of 
ministerial measures, and by direct votes of 
lack of confidence, representative bodies are 
able to bring ministers to account for their 
administrative and political conduct; and in 
most of the countries of western Europe min- 
isterial tenure is dependent upon the confidence 
of the representative body. Indeed the gravest 
defect in continental governments is the ex- 
cessive instability of ministries which succeed 
each other Math bewildering and kaleidoscopic 
rapidity. This is due, in part, to the absence of 
the bi-party system, as it exists in Anglo-Saxon 
countries. The presence of numerous political 
groups and personal factions in the legislature 
compels the formation of coalition ministries 
which are always weak and liable to reversal 
at any moment by a new combination. There 
is no strong, responsible opposition ready to 
take up the work of government when the party 
in power is defeated, and therefore under a 
sobering sense of the necessity of avoiding 
merely factious opposition. The employment of 
interpellations accompanied by debates and 
votes, instead of the simple parliamentary 
question which does not give rise to an expres- 
sion of the chamber's sentiment or opinion, is 
also a fruitful source of ministerial crises. 
The bicameral principle also operates in France 
as a serious provocative to ministerial insta- 
bility. In most continental countries the min- 
istry have the same weapon of defense against 
a censuring chamber, in the power of dissolu- 
tion and appeal to the electorate, which Eng- 
lish ministries possess. But in France and 
Germany this right of dissolution — what Bage- 
hot calls the great "regulator of the constitu- 
tion" — is made dependent upon the upper cham- 
ber. In Germany there is never any difficulty 
in securing the Bundesrath's consent to a 
dissolution of the Reichstag, but in France this 
right has not been exercised since 1877 and is 
practically obsolete. 

Organization: Upper Chambers.— Representa- 
tive institutions upon the continent bear the 



339 



LEGISLATIVE SYSTEM IN EUROPE 



marks of conscious imitation of the English 
constitution. The bicameral principle, the re- 
sult of special and peculiar circumstances in 
England, has been adopted throughout Europe, 
except in Greece, Luxembourg and a few of the 
smaller German states where single chambers 
suffice. In the federal states of Germany and 
Switzerland a logical basis for the upper cham- 
ber is found in the principle of special repre- 
sentation for the member-states of the union, 
as distinguished from the principle of repre- 
sentation of the nation as a whole which is 
expressed in the lower house. The government 
of the German Empire is in many respects 
unique, reflecting far less the process of blind 
copying, and being far more the product of 
historical forces than any other upon the con- 
tinent. The German Bundesrath is at once an 
executive council, a judicial tribunal and a 
legislative chamber, while it also possesses 
many of the characteristics of an international 
congress of diplomats. It is altogether the 
most important organ in the imperial govern- 
ment. Its position is therefore sui generis 
among upper chambers. With the exception of 
these federal states the upper chambers • of 
continental Europe, including those of the sev- 
eral German states, display a decidedly arti- 
ficial character. They have generally been 
manifestly created as a result of theoretical 
considerations or in imitation of the House of 
Lords. Their practical utility is sometimes 
difficult to discover. In some cases, as in 
France and Belgium, they are senates chosen 
by indirect election or by a restricted suffrage 
and designed to represent the propertied in- 
terests in the country. Elsewhere, as in Prus- 
sia, Austria, Hungary and Spain, they are at 
least partially aristocratic and hereditary. The 
representation of interests is noticeable in the 
composition of most European upper chambers. 
In Italy, for example, the senate consists of 
princes of the royal blood, and of members 
appointed for life by the king from certain 
categories of persons — eminent civil, military 
and judicial officials; members of the lower 
chamber who have served three terms; persons 
who have been for seven years members of the 
Royal Academy of Science; persons who pay a 
very large amount of taxes; and those who 
have won distinction by service to the state. 
In a number of states provision is made for 
the representation of the Roman Catholic, the 
Greek or the evangelical churches. It is usual 
among the German states to give the munici- 
palities and the universities representatives 
in the upper chambers. 

The general theoretical advantages of a re- 
vising chamber in any legislative system are 
still sufficiently potent to preserve the bicam- 
eral principle. But the uniform experience of 
Europe certainly indicates that upper cham- 
bers tend either to sink into positions of in- 
significance or to become effective clogs upon 
the action of the more popular body. With 



respect to law-making the bicameral principle 
may be justified; in connection with raising 
and appropriating money for the services of 
government upper chambers have everywhere 
been greatly limited in power; with respect to 
executive control they are a distinct nuisance. 
It is obvious that a ministry cannot be respon- 
sible to two chambers at the same time and 
preserve the least degree of stability or inde- 
pendence. They are everywhere either a nullity 
or a menace. 

Organization: Lower Chambers. — The lower 
houses in Europe are everywhere presumed to 
represent the people and reflect their will. The 
tendency is to broaden and liberalize the basis 
of representation. There still exist, however, 
a number of anomalous and indefensible elec- 
toral systems which pervert and miscarry the 
theory of representative government. Of these 
the worst is doubtless the three-class system 
in Prussia — until lately also in force in Sax- 
ony. Under this system there exists nominal 
universal suffrage, but this is nullified in prac- 
tice by the disproportionate weight which is 
given the wealthy classes of the community. 
The election to the House of Representatives 
of the Prussian legislature is indirect, accomp- 
lished by means of colleges of electors in the 
constituencies which are all single-member dis- 
tricts. The voters are grouped in three classes 
according to the amount of direct taxes which 
they pay. The very richest men who pay one- 
third of the taxes in the district constitute the 
first class; the well-to-do who pay a second 
third of the taxes constitute the second class; 
and the bulk of the electorate paying the re- 
maining third of the taxes constitute the third 
class. Each class votes separately and chooses 
one-third of the electors {Wahlmanner) for 
the district. The first and second classes habit- 
ually operate together and so control two-thirds 
of the electoral college which chooses the rep- 
resentative. The effect is to practically dis- 
franchise the mass of the people. In the elec- 
tion of 1908, the Conservative party casting 
350,000 votes was able to return, under this 
system, 152 members to the House of Repre- 
sentatives; while the Social Democrats casting 
000,000 votes secured only 7 seats. In Belgium 
and in Saxony a system of plural voting ob- 
tains which gives heads of families, persons 
possessed of property in certain amounts, hold- 
ers of academic degrees, those who hold or have 
held public office, professional men, and the like 
an additional vote or votes. While not so ob- 
jectionable as the Prussian three-class system, 
plural voting is repugnant to modern ideas of 
equal and universal suffrage. 

In most of the countries of Europe, includ- 
ing France, the German Empire, Austria, Italy 
and Spain, the principles of equal suffrage and 
direct election obtain. In many European 
countries an actual majority of all votes cast 
is necessary to elect. This involves the neces- 
ity of a second ballot in districts where the 



340 



LEGISLATURE AND LEGISLATIVE REFORM 



first ballot does not produce this result. In 
France a plurality suffices on the second ballot, 
while in Germany a majority is insured by 
eliminating all but the two candidates who 
stand highest in the first ballot. This practice 
is generally condemned by publicists as tending 
to split up parties and facilitate the entrance 
of new groups — already the bane of continent- 
al politics. The comparative advantages and 
disadvantages of election by single member 
districts (scrutin uninominal) and election by 
general ticket (scrutin de liste) have .been 
much discussed upon the continent, and there 
have been frequent changes in this respect in 
France and Italy. The widespread demand for 
seme form of minority, or proportional, repre- 
sentation at present would seem to portend a 
return to scrutin de liste in several countries 
which have abandoned it, notably in France. 
Continental legislative bodies are generally 
divided by lot into sections, called bureaux in 
France, uffici in Italy, and Abtheilungen in Ger- 
many. The committees, which are a much 
more important feature of legislative procedure 
than in England, are selected by the sections, 
each section choosing one, two or three mem- 
bers for each committee. This system does not 
work well as too much is left by it to chance. 
Members of the majority party who are author- 
ities in a particular field may be excluded from 



the committee charged with that subject be- 
cause they happen to be in a section in which 
the minority predominates, or because there 
may happen to be in one section a too plentiful 
supply of experts while other sections lack men 
specially interested in the subject with which 
the committee has to deal. 

See Cabinet Government ; Germany, Feder- 
al Organization of; Ministers and Minis- 
terial Responsibility; Party System in Eu- 
rope; Suffrage in European Countries. 

References: F. A. Ogg, The Govts, of Europe 
(1913); A. L. Lowell, Governments and 
Parties in Continental Europe ( 1896 ) ; W. Wil- 
son, The State (2d ed., 1898), chs. iv-ix; J. W. 
Burgess, Pol. Sci. and Comparative Constitu- 
tional Law (1891), II, 77-132, 168-184; W. F. 
Dodd, Modem Constitutions (1909) ; States- 
man's Year Book (annual) ; R. Dickinson, 
Summary of the Constitution and Procedure of 
Foreign Parliaments (2d ed., 1890) ; J. W. 
Garner, Intro, to Pol. Sci. (1910), ch. xiv; Es- 
mein, Elements de Droit Constitutionnel (4th 
ed., 1906), Pt. II ch. v; J. E. Bodley, France 
(3d ed., 1902), II. Bk. Ill; B. E. Howard, The 
German Empire (1906), chs. iv-vi; J. H. Rob- 
inson, "The German Bundesrath" in University 
of Pennsylvania, Pol. Economy and Public Law 
Series, III, No. 1 (1891). 

Walter James Shepard. 



LEGISLATURE AND LEGISLATIVE REFORM 



Powers. — The powers of an American state 
legislature, unlike those of Congress, are not 
specifically enumerated in the Constitution but 
are residuary in character, the result being 
that a state legislature may legislate concern- 
ing any subject upon which it has not been 
forbidden to legislate by the Constitution of 
the United States or the constitution of the 
state. The extent of the legislative power of 
the states is therefore extensive and varied. 
Among the subjects to which it extends 
may be mentioned the definition and 
punishment of crimes; civil rights; ju- 
dicial organization and procedure; the 
ownership, use and disposition of property; 
contracts, trade, business, industry and the 
professions generally; local government; the 
public health, police, education, charity, mar- 
riage, divorce and the domestic relations gen- 
erally; elections; and the regulation of cor- 
porations in so far as their business is not 
interstate in character. To attempt to enu- 
merate the subjects falling within the scope 
of the legislative power of the states would 
involve cataloguing all the business and social 
relationships as well as the civil rights and 
duties of citizens. Formerly the state legisla- 
tures also possessed a large power of appoint- 
ment In the early days they chose most of 



341 



the principal state officers, but gradually that 
power was withdrawn and devolved for the 
most part upon the people. 

Limitations. — In recent years there has been 
a marked tendency to place important restric- 
tions upon the legislative power by means of 
constitutional limitations. These limitations 
are particularly numerous in the newer consti- 
tutions of the South and West. First of all, 
many constitutions forbid the enactment of 
local or special laws on many matters where 
general laws are applicable, or they permit 
special legislation subject only to certain con- 
ditions, such as approval in some form by the 
particular locality affected. In some states 
there are also restrictions upon private legisla- 
tion (see Private Bills). Many constitutions 
also impose restrictions upon the financial pow- 
er of the legislature. Thus their power to in- 
cur debts is usually limited to certain amounts, 
and restrictions upon their power to levy taxes 
and appropriate money are also quite common. 
In many states there are also constitutional 
limitations upon the length of the session [see 
Session of Legislative Bodies). There is 
also an increasing tendency to regulate by con- 
stitutional provisions their methods of proce- 
dure with a view to compelling careful consid- 
eration of the measures which are passed by 



LEGISLATIVE AND LEGISLATIVE REFORM 



them (see Amendment of Legislative Meas- 
ures; Debates in Legislatures; Order of 
Business in Legislative Bodies). The vari- 
ous provisions in the bills of rights, of course, 
serve to limit the power of the legislature in 
many particulars. Finally, their power of leg- 
islation has suffered an abridgement through 
the growing practice of regulating by constitu- 
tional provision many matters, formerly reg- 
ulated by statute. This is notably true of 
such subjects as corporations, local govern- 
ment, taxation and revenue, education and 
other matters {see State Legislature). 

Legislative Reform. — During recent years 
the state legislatures have suffered a consider- 
able loss of public esteem, evidence of which 
is found in the numerous constitutional provi- 
sions limiting their powers and prescribing 
rules of procedure to safeguard the public 
against ill considered, excessive and mischiev- 
ous legislation. It has become a common com- 
plaint that the type of men now generally 
elected to the state legislature is lower than 
formerly and that our legislative assemblies 
do not faithfully represent the people. How to 
improve the character of these bodies, increase 
their efficiency and honesty and improve the 
quality of the legislative product are questions 
that have occupied the attention of many good 
citizens and reform organizations. In some 
states legislative voters leagues and other civic 
organizations have rendered an important serv- 
ice in helping to bring about the election of 
honest and capable legislators and preventing 
the enactment of objectionable legislation. 
Their method is to investigate the character 
and records of candidates, make recommenda- 
tions to the voters for their enlightenment and 
sometimes keep watch over proposed legisla- 
tion. 

In Illinois the legislative voters league has 
for some years directed its efforts toward the 
election of honest and capable members from 
the Cook county districts, and recently it has 
extended its operations to the rest of the state 
by means of advisory councils in each legisla- 
tive district. It also maintains a bureau at 
the state capital for the purpose of keeping 
the public informed concerning the merits and 
demerits of pending legislation. The City Club 
of New York City maintains a somewhat sim- 
ilar agency at Albany for the purpose of study- 
ing bills introduced into the legislature and for 
keeping the club informed of objectionable 
measures to the end that it may have an op- 
portunity to oppose such legislation. In sev- 
eral instances the enactment of objectionable 
legislation has, in this way, been prevented. 
In a number of other states, similar organiza- 
tions have rendered conspicuous service of this 
character. 

Reference Bureau and Bill Drafting Agen- 
cies. — To provide the legislature with detailed 
and technical information concerning the prac- 
tical working of such legislation in other 



states, legislative reference bureaus (see) have 
been established in a number of states. The 
first one was established in New York in 1890 ; 
and its published indexes and reviews of state 
legislation have been of immense service in 
other states. In 1901 a legislative reference 
department was established in Wisconsin, 
which has attracted wide and deserved atten- 
tion throughout the country, and has been the 
model v for many other states. During the past 
ten years such departments have also been es- 
tablished in Indiana, Michigan, Iowa, Nebras- 
ka, North and South Dakota, Montana, Wash- 
ington, Oregon, California, Alabama, North 
Carolina, Virginia, Pennsylvania and Khode 
Island. 

Another service frequently performed by such 
bureaus is that of rendering assistance to mem- 
bers of the legislature in the preparation and 
drafting of bills, one of the most difficult tasks 
of modern legislation (see Drafting of Legis- 
lation). The difficulties of effective drafting 
in state legislation in this country are shown 
by the increasing amount of litigation which 
turns on questions of statutory construction, 
and which arises from ambiguity or uncertain- 
ty in the language of statutes. A special diffi- 
culty of this kind arises from the necessity of 
conforming the statutes to the provisions of 
the state and federal constitutions and for com- 
plying with the many technical requirements 
relating to such matters as titles of acts, the 
amendment of existing statutes, procedure in 
the legislature, etc. The value of such assist- 
ance is recognized in many countries and in a 
number of American states. In England there 
is a skilled parliamentary draftsman who pre- 
pares all important bills. In Connecticut, New 
York and South Carolina, there are bill draft- 
ing commissions and in Connecticut there is 
a clerk of bills whose duty is to assist members 
of the general assembly in drafting bills, acts 
and resolutions of a public nature. In New 
Jersey and Wisconsin there are supervisors or 
revisors of bills who perform somewhat similar 
services. 

Other Reforms. — Illegitimate lobbying, par- 
ticularly by the "special interests" has grown 
to be a serious evil in some states and has been 
responsible for much objectionable legislation 
(for a summary of the legislation designed to 
remove or diminish this evil see Lobby). The 
evil of black-mail through the introduction of 
"strike" (see) bills by unscrupulous members 
has been a subject of complaint in some states. 
So has the practice of "ripper" (see) legisla- 
tion, the purpose of which is to establish and 
maintain as far as possible the power of the 
party in control of the legislature over some 
large city in the state, the effect of such legis- 
lation being to disorganize or upset existing 
municipal arrangements. "Log rolling" (sse) 
is likewise a practice which has led to the en- 
actment of no little amount of legislation for 
which there has been no need nor popular de- 



342 



LEGISLATURES 



mand. An attempt to diminish this as well as 
kindred abuses has been made in many states 
by requiring that no bill shall relate to more 
than one subject which shall be clearly ex- 
pressed in the title and that the governor shall 
have the power to veto specific items in appro- 
priation bills. The legislature of Wisconsin 
recently enacted a drastic statute providing 
for the punishment by fine or imprisonment of 
any member who agrees to support the bill of 
another member on condition of receiving like 
aid for his own measure. Bribery and other 
forms of corruption in the American legisla- 
tures are, of course, among the most common 
sources of evil, especially in connection with 
private and local legislation (see Bribery; 
Corruption, Legislative). To diminish this 
abuse stringent anti-bribery laws have been 
enacted in many states and, as has been said,, 
constitutional provisions have been adopted 
placing restrictions upon private and local 
legislation ( see Private Bills ) . 

Through the extension of the initiative and 
referendum, the right of the people to legislate 
for themselves and to veto objectionable acts 
of the legislature has been secured in a number 
of states and, in the judgment of some reform- 
ers, the effect has been to elevate the character 
of the legislature and improve the quality of 
legislation (see Initiative; Referendum). 

Insufficient consideration of bills by commit- 
tees, the "smothering" of bills in committees 
and the practice of holding secret committee 
meetings have all been the subjects of criticism 
and attempts have been made in some states 
to remove the causes of complaint, by the adop- 
tion o£ constitutional provisions requiring all 
bills to be referred to committees and reported 
on, that all committee meetings shall be public, 
and the like. To compel the legislatures to 
confine their attention to the consideration of 
important measures for which there is a real 
popular demand, the policy of limiting the 
sessions of the legislature has been tried in a 
number of states, though the wisdom of such 
restrictions is doubtful and they have been 
abandoned by several states after a fair trial. 
To prevent the congestion of legislation in the 
last days of the session, and to induce the 
passage of bills earlier in the session, some 
constitutions forbid the introduction of bills 
after a certain date, provisions which are easily 
evaded and the wisdom of which may also be 
doubted. To further insure careful considera- 
tion of measures, many constitutions require 
three readings of bills, the printing of bills and 
many similar requirements. 

The duty of choosing United States Senators 
lias proved to be a distracting and demoraliz- 
ing element which sometimes seriously inter- 
feres with legislation and affects injuriously 
the character of the legislative product. The 
withdrawal of this duty from the legislature 
through the substitution of popular election 
of Senators is expected to remove a source of 



corruption, improve the tone of legislative pol- 
itics, leave the legislature more time to dis- 
charge its natural functions and elevate the 
character of the legislative output (see Senate 
of United States ; Senators ) . 

Some reformers advocate the introduction 
of the system of minority and proportional 
representation (see) in some form as a means 
of making the legislature more truly represent- 
ative but experience with the system of minor- 
ity representation in Illinois, the only state in 
which members of the legislature are chosen 
according to such a system, has not been such 
as to commend it to the people of other states. 

Reasons for Inferiority. — James Bryce 
gives the following reasons for the inferior 
character of our state legislatures : ( 1 ) the se- 
lection of members of the legislature by party 
conventions; (2) the habit of choosing none 
but residents of the district; (3) the fact that 
the capital of the state is frequently a small 
town and hence does not attract the best tal- 
ent; and (4) that the nature of most legisla- 
tive business doe's not excite public interest and 
involves no political issues. The poor quality 
of much state legislation is attributed by him 
to the following facts: inferiority, as respects 
knowledge, skill and sometimes also conscience, 
of the bulk of the men who fill these bodies; 
improvidence in matters of finance; heedless- 
ness in passing administrative bills; want of 
proper methods for dealing with local and spe- 
cial bills; and the failure of public opinion ade- 
quately to control legislation and particularly 
local and special bills. 

See Adjournment; Amendment of Legisla- 
tive Measures; Calendar of Legislative 
Bodies; Committee System; Congress; 
Drafting of Legislation ; Expulsion of Mem- 
bers of Legislative Bodies ; Filibustering is 
Legislation; Legislative Output; Minority 
Representation; Reports of Committees; 
Rules of Congress; Sessions of Legislative 
Bodies. 

References: C. A. Beard, Am. Government 
and Polities (1910), ch. xxv; J. Bryce, Am. 
Commonioealth (4th ed., 1910), I, ch. xl; T. 
M. Cooley, Constitutional Limitations ( 7th ed., 
1903), chs. v-vi; P. S. Reinsch, Am. Legisla- 
tures and Legislative Methods (1907), chs. iv- 
x; H. J. Ford, Cost of Our National Gov. 
(1910), ch. viii; E. Bruncken, "Defective 
Methods of Legislation" in Am. Pol. Sci. 
Assoc, Review, III (1909), 167-179; F. N. 
Judson, "Failure of Representative Govern- 
ment" in ibid, II (1908), 185-203; P. S. 
Reinsch, Readings on State Gov. (1911), 41- 
139; C. L. Jones, Statute Law Making (1912). 
James W. Garner. 

LEGISLATURES. A term strictly applied 
to all public bodies which have power to make 
laws; as a general term, applicable therefore, 
to Congress; but in the United States applied 
commonly only to the state and territorial 



343 



LEGISLATURES AND PARTY MANAGEMENT— LIBERAL REPUBLICAN PARTY 



bodies, most of which are designated as the leg- 
islature in the state constitution. Though the 
English Parliament is officially made of King, 
Lords and Commons, no governor is a part of a 
state legislature; whether his veto power makes 
his a part of the legislative authority is a 
disputed question. See Congress; Legisla- 
ture and Legislative Reform; State Legis- 
lature. References: C. A. Beard, Am. Gov. 
and Politics (1910), ch. xxv; P. S. Reinsch, 
Am. Legislature and Legislative Methods 
(1906); A. B. Hart, Actual Government 
(1908), ch. vii; E. C. Mason, Veto Power 
(1890). A. B. H. 

LEGISLATURES AND PARTY MANAGE- 
MENT. See Party Organization in Legis- 
lative Bodies. 

LETTER OF ACCEPTANCE. Nominees for 
the presidency and vice-presidency are ex- 
pected, shortly after their designation as candi- 
dates, to write public letters in which they 
make a statement as to their principles and 
intentions. Such letters may avoid reference 
to the platform or may enlarge it or empha- 
size it. Usually the letters are rather re- 
strained in tone, but in 1908, William H. Taft, 
Republican candidate, wrote a formal speech 
of acceptance in lieu of the usual letter, under 
date of July 28, 1908; it considerably en- 
larged the impact of the platform. Candidates 
for the governorship of states sometimes write 
similar letters. A man of force may thus lay 
down an individual platform, and if elected 
may insist that the legislature accept his choice 
as proof that the people accept the sentiments 
of the letter. In general, politicians dislike 
to have candidates write letters during the 
campaign. See Campaigns, Political; Candi- 
date; Committees, Party; Convention, Po- 
litical; Nominating Systems; Nomination 
of President. References: J. A. Woodburn, 
Pol. Parties and Party Problems (1903), 204; 
J. Bryce, Am. Commonwealth (4th ed., 1910), 
II, ch. xxi; W. H. Taft, Presidential Ad- 
dresses and State Papers (1910), 3-42. 

A. B. H. 

LETTER OF MARQUE. A "letter of marque 
and reprisal" is a commission given by a 
government to a private vessel authorizing it 
to make reprisals on the vessels of another 
state. It is the public authorization to priva- 
teers and the issuance is an act of war. See 
Confederate States; Declaration of Paris; 
International Law, Private. G. G. W. 

LETTERS ROGATORY. Formal communi- 
cations from a court in one state to a court 
in another state, requesting, for use in the 
court of the first state, testimony which may 
be procured within the other state by affidavit 
or other process. See Consular Service; 
International Law, Private. G. G. W. 



LEX FORI. 



The law of the court or forum. 
G. G. W. 



344 



LEX LOCI. The law of the place is ordi- 
narily followed in cases of several descrip- 
tions. The locus may be according to place of 
contract ( lex loci contractus ) , according to the 
place of the act ( lex loci actus ) , according to 
place where the thing is ( lex loci sitae ) , ac- 
cording to domicile {lex loci domicilii), etc. 
See Lex Fori. G. G. W. 

LIBEL. In admiralty (and ecclesiastical) 
courts a written' statement filed by the plain- 
tiff setting forth the injury on account of 
which he sues, and the relief he asks. At 
common law, anything written, printed or 
expressed by signs or symbols, which defames 
or tends to bring into ridicule or contempt, the 
person, character or reputation of another, 
which is published without lawful justifi- 
cation or excuse. A criminal libel is one which 
is punishable criminally. Generally speaking 
libels of this kind are such as tend to excite 
a breach of the peace. H. M. B. 

LIBEL AND SLANDER. See Freedom op 
Speech and of the Press. 

LIBERAL REPUBLICAN PARTY. This 
party appeared in 1872, caused by schism in 
the Republican party {see), arising from a 
disaffection against Grant's administration. 
The movement began in Missouri in 1870, led 
by Carl Schurz {see) and B. Gratz Brown, 
where the Republican party split on the ques- 
tion of removing the political disabilities of 
those who had favored the South in the Civil 
War. Within the Republican party, in the 
country at large, there was a demand for 
tariff reform, a demand for civil service re- 
form, led by Carl Schurz, Samuel Bowles and 
General J. D. Cox; a fear of centralization and 
a departure from old constitutional standards, 
represented by such men as David Davis, John 
M. Palmer, and Lyman Trumbull, of Illinois; 
and a desire to eliminate the southern ques- 
tion as the dominant issue in politics and to 
try amnesty and conciliation rather than force 
with the South — a desire voiced by such men 
as Charles Sumner, Horace Greeley and Charles 
Francis Adams. In addition, certain Senators, 
notably Fenton of New York and Curtin of 
Pennsylvania, were offended because Grant had 
turned over the whole federal patronage in 
their states to their rival Senators, Conkling 
and Cameron. All these leaders, together with 
powerful journals like the Chicago Tribune, 
the Cincinnati Commercial, the Springfield Re- 
publican, the Nation and the New York Tribune 
and the Evening Post, brought the weight of 
their influence to the bolting Liberal Republi- 
can movement. 

The party held a mass nominating convention 
Cincinnati, May 1, 1872. It arraigned 



LIBERAL UNIONISTS— LIBERALS, BRITISH 



Grant's administration for personal favoritism 
and for keeping corrupt and unworthy men in 
office; demanded the immediate removal of all 
disabilities imposed on account of the "re- 
bellion"; and demanded a thorough reform of 
the civil service. The convention was divided 
on the subject of the tariff and finally de- 
cided, on account of "irreconcilable differences," 
to "remit the discussion of the subject to the 
people and to the decision of Congress, with- 
out executive interference or dictation." The 
party nominated Horace Greeley, of New York, 
a high protectionist, for President, and B. 
Gratz Brown, of Missouri, for Vice-President, 
nominations subsequently ratified by the Demo- 
crats. The ticket of the combined parties was 
ingloriously defeated in the elections of 1872, 
and with the close of the campaign the party 
came to an end, some of its leaders rejoining 
the Republican party while many of them be- 
came permanently identified with the Demo- 
cratic party. 

See Democratic Party; Republican Party. 

References: J. F. Rhodes, Hist, of U. 8. 
(1906), VI, 412-425; E. Stanwood, Hist, of 
the Presidency (1898), ch. xxiv; F. M. Curtis, 
Hist, of the Republican Party (1904), II, ch. 
i; W. A. Dunning, Reconstruction (1907), 
ch. xii. James A. Woodburn. 

LIBERAL UNIONISTS. The Liberal Union- 
ist party was formed of Whigs, Liberals and 
Radicals who broke away from Gladstone on the 
question of home rule for Ireland. Gladstone 
introduced his measure on April 8, 1886. Be- 
tween the first reading and the second reading 
stage which began on May 10, there was a 
great demonstration against the bill at Her 
Majesty's Opera House in London at which 
Hartington, Goschen and others of the Liberals 
opposed to the bill spoke from the same plat- 
form as Salisbury and other Conservatives 
who also opposed home rule. A struggle for 
the control of the National Liberal Federation 
resulted in the Federation's going to the sup- 
port of Gladstone, although Chamberlain cap- 
tured the Liberal Two Thousand, the local 
organization in Birmingham. The division on 
second reading was on June 8; and in the 
majority against the bill there were 93 mem- 
bers from the government benches. The Liberal 
Unionists at once organized a central asso- 
ciation in London and also local associations 
in many of the constituencies then represented 
by Liberals who had voted against the bill. At 
the general election which came within a 
month, there was a compact between the Lib- 
eral Unionists and the Conservatives, to the 
effect that Liberal Unionists were not to be 
opposed. Seventy-four Liberal Unionists were 
returned to the Parliament of 1886-1892. 
The Liberal Unionists then sat on the oppo- 
sition benches with the Liberals, and Goschen 
was the only member of the party who crossed 
the floor and joined the government ranks. 



345 



He was Chancellor of the Exchequer from 1S86 
to 1892. There was a coalition of the Liberal 
Unionists and Conservatives in 1895, after the 
defeat of the Rosebery Government at the gen- 
eral election. Thereafter, there was no divid- 
ing line between the two wings of the Conserv- 
ative party, although in London, Edinburgh 
and Birmingham there remain still Liberal 
LTiionists organizations ; and, at the general 
election of December 1910, 49 members were 
returned who were classed in the poll books as 
Liberal Unionists. See House of Commons; 
Conservatives; Party Government in Great 
Britain. References: J. Morley, Life of Glad- 
stone (1903), III, chs. v. vi, vii; A. Mackin- 
tosh, Joseph Chamberlain ( 1906 ) , ch. xvi. 

E. P. 

LIBERALS, BRITISH. The Liberal party, 
in the second decade of the twentieth century, 
is in the third stage of its evolution. Its 
first stage was from the French Revolution to 
the Reform Act of 1832 ; its second from 1832 
to 1886; and its third stage began in 1886 
when Liberals and Whigs parted company. 
In the first period— 1789-1882— the Whigs by 
reason of their numbers in the House of Com- 
mons, were the controlling force in the party 
of progress and of opposition to the reaction- 
ary Toryism of Pitt and Castlereagh. They 
represented the aristocratic element in Parlia- 
ment and the country that was opposed to the 
war and to the repressive domestic policy of 
Pitt; and it was in this period that the term 
Radical was added to party terminology. The 
term originated with Pitt. It was thencefor- 
ward accepted by politicians in and out of 
Parliament who were not of the Whig party, 
and who desired more radical political and 
social reforms than the Whigs were willing 
to advocate. No general term, except that of 
reformers, was applied to the two divisions 
in the party of progress from the French Revo- 
lution to 1832; the reformers were known as 
Whigs or as Radicals according to the groups 
in and out of Parliament with which they 
acted; and the Whigs were continuously care- 
ful to keep sufficiently aloof from the Radi- 
cals to prevent any complete merging of the 
two groups that were in favor of Parliamen- 
tary reform, the repeal of the Test Act, Roman 
Catholic emancipation, and retrenchment in na- 
tional expenditures — the four questions most 
agitated during this era of Radicalism. 

The term Liberal came into vogue soon after 
the Reform Act. It was not generally used 
to describe the party of popular political prog- 
ress until the Reform Act of 1867 and Glad- 
stone's first administration of 1868. From 
1832 to 1886 the term Liberal party included: 
(1) the Whigs, (2) Radicals, (3) Liberals, 
men who were more progressive than the Whigs 
but not willing to travel so quickly nor so 
far as the Radicals, and (4) from 1874 to 
1886 a small but continuously increasing num- 



LIBERIA, DIPLOMATIC RELATIONS WITH 



ber of representatives of labor — all trade union 
leaders — who formed the Liberal-Labor group. 
The Liberal party of this period stood for the 
cause of liberty and progress. Trust in the 
people, as Gladstone once declared, was the 
guiding principle of Liberalism; and Liberal- 
ism in this period favored all liberty — political 
and religious — that its leaders considered to 
be consistent with security and order. The 
lead in public opinion and in all movement 
for larger powers of self-government, national 
or municipal came in these years from the 
Liberals and Radicals. The Whigs were much 
less active in movements for reform than they 
had been in the days of Fox, Grey and Durham. 
They held aloof from Radical agitations in or 
out of Parliament; and between 1867 and 
1886 the Whigs and the Liberals and Radicals 
were falling apart. Two years before the 
break-up of the Liberal party of 1832-86 Salis- 
bury, who was then leader of the Conservative 
opposition, stated with truth that the party 
was held together rather by the dexterity of 
Gladstone than by harmony of opinion and 
aims: and by 1886 other causes besides home 
rule were moving to make an end to the work- 
ing alliance between Whigs, Liberals and Radi- 
cals that had its beginning in the days of 
the French Revolution. 

The third stage of the Liberal party, al- 
though it began in 1886, did not take on its 
present day aspects until 1906; for, except for 
the three years 1892-95, the Liberals were in 
opposition from 1886 to the end of the Con- 
servative regime in 1905. The Liberal-Labor 
group disappeared in 1906, and an independent 
Labor and Socialist group with forty members 
in the House of Commons took its place. The 
moderating force of the Whigs was now gone; 
and for it was substituted a new propelling- 
force — more democratic than any previous 
force in British politics. The influence of 
these changes — the desertion of the Whigs, and 
the incoming of the Independent Labor party — 
is obvious in the legislation of this new and 
third stage of the Liberal party. The parlia- 
ment act of 1911-^-the Lords' Veto Act — which 
could not have been passed while the Whigs 
were of the Liberal party, is typical of the 
new attitude towards constitutional reform. 
The vested interests of the established church, 
of land-owners and of the liquor business, of 
university voters and of plural voters in 
county divisions, are much less regarded than 
they were by the Liberal party of 1832-1886. 
The old age pension act of 1908 and the na- 
tional insurance act of 191^1 are typical of the 
social legislation of the/fLiberals of this later 
period. Like the party of 1832-1886 i present 
day Liberals are nominally opposed to privi- 
lege. None the less the party is not demo- 
cratic ; for it bestows baronetcies and peerages 
with the additions that the bestowal of these 
hereditary honors make to the governing and 



distinctions are bestowed by the Conservative 
party, which nowadays is considered as tra- 
ditionally the party of privilege. 

See Conservatives; Liberal Unionists; 
Party Government in Great Britain; Tor- 
ies, British; Whigs, British. 

References: C. B. R. Kent, The English 
Radicals (1899); R. S. Watson, The National 
Liberal Federation ( 1907 ) ; J. Morley, Life of 
Gladstone (1903). Edward Porritt. 

LIBERIA, DIPLOMATIC RELATIONS 
WITH. Liberia, an independent negro republic 
on the west coast of Africa, is the outgrowth 
of efforts of the American Colonization Society, 
founded in 1816, the purpose of which was to 
return to Africa the free negroes whose pres- 
ence among the slave population was consid- 
ered dangerous to both whites and slaves. The 
activities of the society were largely in the 
border-states, especially in Maryland. Be- 
tween 1820, when the first lot of "repatriated" 
negroes was landed on the African coast by the 
agents of the society, and 1868, about 12,000 
free negroes were colonized from the United 
States. To these, nearly 6000 were added by 
the United States Government, being the native 
Africans taken by the Navy from captured 
slavers. The British colony of Sierra Leone, 
founded in 1787 as a territory for freedmen, 
served as the pattern for the enterprise of the 
American Colonization Society. Sierra Leone, 
however, soon became British territory and in 
1807 was erected into a crown colony. 

The United States while subsidizing and 
otherwise aiding the colonization project, never 
attempted to make the colony a part of its 
territory. It was regarded by foreign powers 
as a de facto colony of the United States, but 
for its management no governmental responsi- 
bility was assumed. The governor was ap- 
pointed by the Colonization Society and the 
colony was practically self-governing. 

In 1847 the society relinguished its govern- 
ing authority and a declaration of independ- 
ence followed. The Republic of Liberia was 
recognized as a state by Great Britain in 1848 
and subsequently by other European powers. 
The United States, however, took towards Li- 
beria the same attitude as it had shown to the 
independent negro republic of Hayti. It re- 
fused to recognize the existence of a state or- 
ganized and managed by free negroes until 
1862. 

From the beginning, the territorial claims of 
Libef ia have been disputed by her neighbors, 
France and Great Britain. 

Judged by European standards Liberian ad- 
ministration has been successful neither in 
preserving order nor in finance. In the in- 
terior the savage tribes are quite uncontrolled 
by the Liberian government. Contentions 
over boundaries, debts, and administration 
reached such a pitch that Liberians felt in 



privileged class, quite as profusely as these I 1908 that "France was absorbing their terri 

346 



LIBERTY, CIVIL— LIBERTY, LEGAL SIGNIFICANCE OF 



tory and Great Britain their government." 
The government of Liberia then asked the 
United States to establish a protectorate over 
the country and to guarantee its possessions, 
but the United States has not assumed such 
responsibilities, 

See Africa, Diplomatic Relations with; 
Colonization of Negroes; Protectorates; 
Slave Trade. 

References: H. H. Johnston, Liberia (1906) ; 
J. H. T. McPherson, "Liberia" in Johns Hop- 
kins University, Studies, IX (1901), 10; Am. 
Colonization Soc, Annual Reports (1810 to 
date), also pub. in African Repository (1825- 
1892) ; H. E. Wauwerman, Liberia (1885) ; E. 
A. Forbes, "Can the Black Man Stand Alone?" 
in World's Work, XVIII (1909) ; U. S. Com- 
mission to Liberia, "Report" in Sen. Docs., 61 
Cong., 2 Sess., (1909); R. P. Falkner, "U. S. 
and Liberia" in Am. Jour, of Int. Law, IV 
(1910). J. S. Reeves. 

LIBERTY, CIVIL. Civil liberty is the lib- 
erty belonging to men in organized society. 
It is liberty defined, regulated and protected 
by the positive law of the state or recognized 
as existing under customary law. Looked at 
from the reverse side, it includes immunities 
as well as rights ; that is, it consists of exemp- 
tions from the interference of the state in the 
domain set inside for individual action. It 
means not merely the absence of individual 
restraint, as Francis Lieber has remarked, 
"but liberty within the social system and polit- 
ical organism," the liberty "which plainly re- 
sults from the application of the general idea 
of freedom to the civil state of man, that is, 
to his relations as a political being" {Civil 
Liberty and Self Government, 25 ) . It may be 
contradistinguished from so called natural 
liberty or the liberty which belongs to men in 
a state of nature, undefined and unprotected 
by positive law. Thus Blackstone conceived 
civil liberty to be nothing more than natural 
liberty so far restrained by human law as 
may be necessary and expedient for the gen- 
eral advantage of the public. Following Rous- 
seau, Locke and Hobbes, he held that when man 
passed from the state of nature to organized 
society he surrendered a portion of his nat- 
ural liberty and received in exchange civil 
liberty, that is, liberty defined and protected 
by the state. Civil liberty may also be con- 
tradistinguished from political liberty, or the 
liberty of participating in the establishment 
and administration of government, the choos- 
ing of public officials and in the making of the 
laws. 

Among the civilized states of the world there 
is now a substantial consensus of opinion and 
practice concerning the content of civil lib- 
erty. It is universally held to embrace not 
only freedom of person, but security of pri- 
vate property, equality before the law, free- 
dom of worship, freedom of speech and of press 



and freedom of assembly. The United States 
Supreme Court has interpreted personal lib- 
erty as guaranteed by the Fourteenth Amend- 
ment to mean not merely freedom from phys- 
ical restraint, but freedom in the enjoyment 
of all one's faculties in all lawful ways, the 
liberty to earn a livlihood by any lawful call- 
ing, the liberty to live and work where one 
wills, and to enter into all contracts which 
may be proper, necessary, or essential to the 
enjoyment of the above mentioned rights (All- 
geyer vs. State of Louisiana, 165 U. S. 578). 

In the United States the subject of civil 
liberty occupies a far more important place 
in the constitutional system than it does in 
any other country having a written constitu- 
tion. The national Constitution and those of 
all the states contain numerous and elaborate 
provisions defining the liberty of the individual, 
and providing the means for its security and 
enjoyment; in short, they are not only in- 
struments of government but constitutions of 
liberty. 

See Bills of Rights; Civil Rights; Con- 
tract, Freedom of; Freedom of Speech and 
the Press; Liberty, Legal Significance of. 

References: W. Blackstone, Commentaries on 
the Laws of England (ed., 1890), ch. i; J. W. 
Burgess, Pol. Sci. and Constitutional Law 
(1891), I, Bk. II, ch. i; T. M. Cooley, Prin- 
ciples of Constitutional Law (3d ed., 1898), 
chs. xiii-xiv, Constitutional Limitations (7th 
ed., 1903), chs. x-xiii; F. Lieber, Civil Liberty 
and Self Government (3d ed., 1891), chs. ii- 
iii; T. D. Woolsey, Political Science (1S86), I, 
chs. i-ii. James W. Garner. 

LIBERTY LEAGUE. Met in convention at 
Rochester, New York, in June, 1848, and nom- 
inated Gerritt Smith for President and Charles 
E. Foote for Vice-President. It was a radical 
Abolition body. See Abolitionists; Slavery 
Controversy. A. C. McL. 

LIBERTY, LEGAL SIGNIFICANCE OF. Be- 
fore the colonies declared their independence 
it had become a recognized principle of the 
common law of England that all English sub- 
jects were free; that is, the conditions of vil- 
leinage involving either a servitude to the 
owner of particular land or a personal servi- 
tude had disappeared, and all subjects were 
freemen and equal in their rights before the 
law {see Slavery). The colonists, as Eng- 
lish subjects, assumed that they were entitled 
to the rights of freemen and proceeded to form 
constitutions with the view of guaranteeing 
to the people all the rights which they en- 
joyed as against undue encroachment on the 
part of the governments which were provided 
for in such constitutions. The continued en- 
joyment of such rights so far as they involved 
freedom of action as distinguished from rights 
of property constituted, as they understood 
it, personal liberty. 



n 



347 



LIBERTY PARTY 



It seems to have been assumed that the lib- 
erty thus enjoyed was an inherent or natural 
right subject only to such restrictions as must 
necessarily be assumed under the social com- 
pact constituting the foundation for organized 
government. Although the social compact 
theory as the source of the authority of gov- 
ernment has been abandoned for all practical 
purposes, nevertheless there seems to be a 
fundamental assumption in our whole con- 
stitutional system that personal liberty shall 
be interfered with only so far as the general 
welfare of the whole body of the people may 
require. 

Civil liberty (see Liberty, Civil) has a 
somewhat more definite meaning. The term 
designates "that condition in which rights are 
established and protected by means of such 
limitations and restraints upon the action of 
individual members of the political society as 
are needed to prevent what would be injurious 
to other individuals or prejudicial to the gen- 
eral welfare" (Cooley, Constitutional Law). 
This is liberty in its legal significance. It 
does not imply absence -from restraint but 
freedom from restraint or interference with 
personal activity, physical, mental, or social, 
whether imposed by other individuals or or- 
ganized government, except in accordance with 
general principles of law (see Habeas Cor- 
pus). 

The "liberty" which is guaranteed in the Fed- 
eral Constitution as against federal or state 
abridgement (Amendments, Articles V, XIV) 
is no doubt the civil liberty above described, 
although it has been said to include more than 
mere freedom from unlawful physical restraint 
and to extend to freedom of contracting for 
personal services and adopting and following 
such callings or pursuits as may be thought 
desirable (see Contract, Freedom of). But 
in view of the fact that specific pro- 
visions are found in the various constitu- 
tions for protection against governmental in- 
terference with religious freedom and freedom 
of speech and the press, and that freedom of 
contract is protected as a property right, it 
may be doubted whether the general constitu- 
tional guarantees of liberty include more than 
is covered by the general term "civil lib- 
erty." 

See Liberty, Civil. 

References: F. Lieber, Civil Liberty and Self 
Government, (3d ed., 1894) ; W. Blackstone, 
Commentaries on the Laws of England (Ham- 
mond, Ed., Notes, 1890), Bk. I, ch. i, 158, 
348-358; J. Wilson, Jurisprudence (Andrews, 
Ed., 1896), II, ch. xii; H. C. Black, Amer- 
ican Constitutional Law (3d ed., 1910), 522- 
527 ; W. W. Willoughby, Constitutional Laio 
(1910), II, 872; T. M. Cooley, Principles of 
Constitutional Law (3d ed., 1898), 246; C. E. 
Shattuck, "True Meaning of the Term Lib- 
erty" in Harvard Law Review, IV (1890-91), 
365. Emlin McClain. 



LIBERTY PARTY. The Liberty party ex- 
isted from 1840 to 1848 as the first political 
organization to act against slavery by party 
methods and to advocate anti-slavery govern- 
mental action. It was formed April 1, 1840, 
at Albany, by a group of abolitionists whose 
consciences would not longer permit them to 
support parties or candidates not avowedly 
opposed to slavery, and who separated from 
the non-political or so-called "Garrisonian" 
Abolitionists, to form a new anti-slavery organ- 
ization. The policies advocated by the Liberty 
party were for the most part those ultimate- 
ly adopted by the Republican party twenty 
years later. Admitting the impregnable exist- 
ence of slavery in the states, the Liberty party 
called for the repudiation by the Federal Gov- 
ernment of all responsibility for the institu- 
tion, through abolition in the territories and 
the District of Columbia, the repeal of the 
fugitive slave laws, and the refusal of pro- 
tection to slave property on the high seas. It 
also demanded the exclusion of slave- 
holders from public office under the state or 
federal governments. To these principles, 
many Liberty men added far more radical doc- 
trines, such as the unconstitutionality of slav- 
ery in the states, and the duty of all men to 
disobey the fugitive slave provisions of the 
Constitution (see Fugitive Slaves). 

Owing to its pre-occupation with a single 
issue and to the radical character of its lead- 
ers, the Liberty party, in spite of vigorous and 
prolonged efforts, did not succeed in building 
up a strong organization or attracting enough 
voters to win a single electoral victory. Dur- 
ing the eight years of its existence, it never 
cast over four per cent of the vote in the free 
states. It affected national politics once only, 
in 1844, when it held the balance in New York 
and Michigan and has been charged with se- 
curing Polk's election by refusing to abandon 
Birney (see), its own candidate, for Clay 
(see), in response to the appeals of anti-slav- 
ery Whigs. But is it difficult to see how men, 
who honestly accepted the Liberty platform, 
could be expected to vote for a slave-holder 
with Clay's record on slavery questions. After 
1846 the progress of the party ceased and it 
showed a tendency to divide into factions, or, 
in places, to join in coalitions with anti-slav- 
ery Whigs or Democrats. In 1847 a national 
convention nominated John P. Hale for Presi- 
dent; but in 1848 the Free Soil excitement 
swallowed up the party and most of the promi- 
nent leaders cooperated in the formation of 
the Free Soil party (see) at Buffalo. The prin- 
cipal contributions of the Liberty party to the 
progress of the anti-slavery cause were a group 
of energetic agitators and local leaders, some of 
whom, such as S. P. Chase (see), rose to na- 
tional distinction in public life, and a body 
of anti-slavery political doctrine which was 
abundantly employed by the later Free Soil 
and Republican parties. 
348 






LIBRARIES, PUBLIC 



See Abolitionists; Democratic Pakty; 
Free Soil Party; Slavery Controversy; 
Third Parties ; Whig Party. 

References: H. Wilson, Rise and Fall of the 
Slave Power (1874), I, II; W. Birney, James 
G. Birney and his Times (1890) ; A. Willey, 
Antislavery Cause in State and Nation (1886) ; 
A. B. Hart, Salmon P. Chase (1899), Slavery 
and Aoolition (1906), 317. 

Theodore Clarke Smith. 

LIBRARIES, PUBLIC. Basis.— A public 
library as here meant is one in wbich all and 
the same privileges offered to any person are 
free to all persons in the community because 
the local government appropriates money for 
its entire or partial support. Within the past 
fifty years such a library has come to be 
thought a part of the necessary social and 
educational equipment of every community. 
The burden of proof now tends to rest upon 
the local government which omits suitable 
library provision for its people; provision 
which ranges from the modest building of the 
hamlet or village to the great city system with 
its palatial central building and collection, and 
from ten to forty branches. 

The public library is essentially a demo- 
cratic institution. No city official, no individ- 
ual may impose one upon the people; rarely 
is power to create a library lodged in a coun- 
cil, committee or board. Most library laws 
require initiative in the form of a petition 
from voters or taxpayers, or a decisive popular 
vote. Even gifts and bequests of libraries to 
be effective require official acceptance and rati- 
fication by the people or their accredited rep- 
resentatives. 

Administration. — The free public library is 
formally attached to the machinery of govern- 
ment in various ways. The earliest and com- 
monest organization is a library board (of 
from five to thirteen men or women) created 
by the city or village, its members usually ap- 
pointed by the mayor, occasionally elected 
by the people, of which such city officers 
as the mayor, and superintendent of schools 
are often members ex officiis. Less frequent- 
ly, but more and more as library work extends, 
the political unit is the county, town, 
township or school district which establishes 
and maintains the library, and whose supervis- 
ing officers appoint its governing board. Again 
the government and administration of the 
library may be lodged with a private associa- 
tion or corporation regularly organized under 
proper laws with which the local government 
formally contracts to provide library priv- 
ileges for its citizens. 

This condition is common in older parts of 
the country where the earliest libraries (athe- 
naeums) were those formed by such associa- 
tions which though not originally free yet 
formed the seeds from which free libraries have 
sprung and, in many cases, have been con- 



tinued as the governing bodies of the new pub- 
lic libraries. A semi-official character is given 
to this corporate governing board when the 
city, appropriately to safeguard its interest, 
appoints a number of the trustees or reserves 
a revisory power over their acts. When the 
school district is the political unit which main- 
tains the library the government is usually 
lodged with the school board or committee. 

Effect of Commission Plan. — The advent of 
the commission (see) plan of municipal gov- 
ernment has disturbed the customary and 
generally satisfactory method of library con- 
trol by a small, select board specially charged 
with this particular duty and it is not yet 
wholly clear that anything better or even as 
good is to be substituted. Even in boss ruled 
cities, tradition and public opinion have usual- 
ly availed to keep the hands of the machine 
off educational interests and to secure the ap- 
pointment of interested, able and non-partisan 
persons to the separate boards which manage 
libraries and schools. Under the commission 
plan it seems likely that the interest, in- 
fluence, competence and zeal hitherto exerted 
exclusively for the public library by a select 
board is to be lost and replaced by the scantier 
and probably more perfunctory attention from 
one commissioner or at most a small commis- 
sion to which the welfare of the library is but 
one minor concern among many. 

After several years' experience with commis- 
sion government in many American cities, li- 
brary executives who have most studied the 
results seem agreed that either a separate li- 
brary board must be retained, its members ap- 
pointed by the city commissioners, or (less 
promising yet better than pure commission 
government) the library must be placed with 
the schools, under the charge of an expert mu- 
nicipal commissioner of education or superin- 
tendent of schools. An admirable presentation 
of this matter is in the National Municipal Re- 
view, April, 1913. 

Employees. — Like teachers in the public 
schools, library employees are usually exempted 
from the control of municipal civil service sys- 
tems and library experts are pretty well 
agreed than an independent, graded library 
service with high standards strictly and wise- 
ly administered within the library will bring 
far better results than any merit system of 
appointment and promotion imposed upon the 
library from without. 

Funds. — Funds to support the public library 
are commonly raised by direct taxation as a 
part of the regular municipal tax levy, the 
library rate being rarely less than a half mill 
or more than two mills on the dollar. Some- 
times the public library enjoys a special tax 
as in Massachusetts where the dog (see) tax 
in every town is by law so applied; in some 
cities police court fines, certain licenses and 
fees are used by the library. In the absence 
of a specific tax rate or source of income, li- 



349 



LIBRARY COMMISSIONS, STATE— LICENSE TAXES ON OCCUPATIONS 



brary appropriations are often made in round 
sums from what is called the "general" fund. 
American cities have been increasingly liberal 
with libraries in the past thirty years and the 
powers behind the purse strings usually seem 
more concerned that the sums granted shall be 
wisely spent than with the total amounts asked 
for. For initial or extraordinary expenses, 
city bonds are frequently sold. 

Functions. — While the public library pri- 
marily and properly classifies as an education- 
al institution, its work may be described ac- 
curately as both educational and recreative. 
Its ministry to the large demand made on it 
for light reading in the form of fiction and 
magazines is a wholly legitimate recreational 
work, provided of course that the books sup- 
plied be worthy in form and content. 

The library's chief work, however, is educa- 
tional. It is the natural ally of such municipal 
activities as 'schools, parks, playgrounds, hos- 
pitals, fire engine houses, etc., through which 
it finds effective channels for the circulation 
of its books. Its reach is, however, far wider 
than any schools, which hold their scholars 
but for fifteen or twenty years at most, while 
the library offers a continuous, elective educa- 
tion in every subject to young and old. 

Beyond this there is an important and 
fruitful social work which the library seems 
to be doing rather better than the school. It 
is the centering within library walls and in- 
fluence of the work of such agencies for popu- 
lar education as lectures, clubs, exhibits, story- 
telling; in short, serving as the social center 
for a town or neighborhood in all work for 
which the book may be the center or the goal. 

See Education as a Function of Govern- 
ment; Learned Societies; Museums, Public. 

References: A. E. Bostwick, Am. Pub. Li- 
brary (1910) ; U. S. Bureau of Education, 
Statistics of Public Society and School Libra- 
ries (1910); Am. Year Book, 1910, 806, ibid, 
1911, 830-833; ibid, 1912, 818; Am. Library 
Association, Manual of Library Economy 
(1911-13) ; E. A. Hardy, The Public Library, 
Its Place in Our Educational System (1912). 

J. I. Wyer, Jr. 

LIBRARY COMMISSIONS, STATE. Library 
commissions are provided for in most states; 
made up of a few members, usually non-parti- 
san. The members draw no salary. The duties 
are largely administrative. New York and 
Wisconsin have been the leaders in the move- 
ment. The commission in most states is under 
the education department, although there is 
an effort to have separate library departments 
established in some states. See Libraries, 
Public. References: Library Journal; A. L. 
A. Papers. T. N. H. 

LIBRARY OF CONGRESS. The library of 
Congress, established 1800, was located in the 
Capitol until 1897, when its main collections 



were transferred to a separate building, which, 
with recent additions, can accommodate about 
3,000,000 volumes and 1000 readers. Primarily 
intended for the service of Congress, it is now 
extensively used by all departments of the gov- 
ernment and is virtually the national library 
through its receipt of the products of the Amer- 
ican press by copyright deposit, its interna- 
tional exchange relations with foreign govern- 
ments, and the comprehensive character of its 
collections and developments of activities 
by which they are made available to libraries 
and investigators throughout the country (e. g., 
card distribution, bibliographical service, in- 
ter-library loans). It is classed by law under 
the legislative department and maintained by 
annual appropriations (for 1912-13, $587,905, 
including $100,000 for purchase of books and 
periodicals). The librarian of Congress is 
appointed by the President, by and with the 
advice and consent of the Senate. Copyright 
registration has been under his direction since 
1870. The establishment of a legislative ref- 
erence department to collect information and 
provide expert assistance in Connection with 
legislation has recently been proposed. For 
reference use, the library is free to any reader 
over sixteen. 

The collection is now the largest in America 
and the third in the world. It comprised, on 
June 30, 1912, about 2,012,393 printed books 
and pamphlets (including the law library, a 
part of which still remains in the Capitol), 
129,123 maps and charts, 591,632 pieces of 
music, and 349,745 photographs and prints. It 
is specially strong in American history, biog- 
raphy and genealogy, social and political 
science, laws and public documents of all 
countries, American newspapers, and bibliog- 
raphy. Extensive collections of Slavic, Scan- 
dinavian, Jewish, Sanskrit, Chinese and Jap- 
anese literature and the monumenta of Euro- 
pean history are among recent accessions. It 
has also valuable scientific collections which 
supplement the special libraries of the various 
scientific bureaus in Washington. It is rich 
in collections of manuscripts for American, 
history and in maps and atlases. 

See Libraries, Public. 

References: W. D. Johnston, Hist, of the 
Library of Congress ( 1904 ) , I ; W. W. Bishop, 
Library of Congress (1911), reprint of A. L. 
A. Manual of Library Economy, ch. ii; H. 
Small, Handbook of the Library of Congress 
(1909) ; Library of Congress, Annual Reports 
(1897 to date, particularly 1901), Library of 
Congress and its Work ( 1907 ) , Publications 
Issued since 1897 (1913). 

J. David Thompson. 

LICENSE TAXES ON OCCUPATIONS. A 

license tax is a payment which the law makes 
a condition to the transaction of business or to 
the following of a profession, trade, or any 
industrial calling. It is in part a fee to pay 



350 



LICENSES FOR CALLINGS— LIEUTENANT-GOVERNOR 



for the clerical labor of issuing and recording 
the license or permit, and of supervising the 
privilege thereby granted; and in part a tax. 
Such taxes are imposed both for the sake of 
revenue and for the regulation of the trades 
in question. Sometimes the receipts are known 
as privilege taxes, and often it is difficult to 
distinguish them from special property taxes 
or business taxes. So too they may be imposed 
as a method of reaching corporations. For 
example, in Connecticut every bank, insurance, 
trust, and bridge, company must pay a tax of 
one per cent on the market value of its stock, 
and in Illinois foreign insurance companies 
must pay a two per cent tax on gross premium 
receipts. All of the southern states except 
South Carolina have an extensive system of 
state license taxes. 

The most familiar example of license taxes 
on occupations is that imposed upon liquor 
dealers. This annual license fee varies great- 
ly, depending upon the public demand for 
control and restriction; in New York it ranges 
from $150 to $1200; in Boston from $1500 to 
$2800; and in Chicago there is a uniform rate 
of $1500, to be paid by saloons, hotels, restau- 
rants and clubs alike. In Massachusetts one- 
fourth of the revenue thus collected goes to 
the state, and the remainder to the town. In 
Connecticut the amount is divided equally be- 
tween the towns and the county. 

In Philadelphia, dealers in merchandise pay, 
in addition to a low personal property tax, a 
special tax or license based on the volume of 
business transacted annually. Retailers pay 
at the rate of one dollar per thousand dol- 
lars; wholesalers at the rate of fifty cents per 
thousand dollars; exchanges and boards of 
trade, twenty-five cents per thousand dollars. 
About $350,000 is thus collected, all going to 
the state treasury. In St. Louis, merchants 
pay, in addition to a tax on merchandise, a 
city license of one dollar per thousand dollars 
of given sales. 

Peddlers are generally subject to a special 
license. In some states the amount depends 
upon the estimated volume of sales; in others, 
upon the size and character of the district 
covered; and in others, upon the character of 
the goods sold. Special taxes are also often 
laid upon auctioneers, and cab and hack driv- 
ers. 

See Examinations foe Employment and 
Professions ; Licenses for Callings ; Profes- 
sions and Callings, Public Regulation of; 
Taxation, Subjects of. 

References: U. S. Census Bureau, "Wealth, 
Debt and Taxation" in Special Report, 1907, 
639-642, 646 ; C. J. Bullock, Selected Readings 
in Public Finance (1906), 337-349. 

Davis R. Dewey. 



LICENSES FOR CALLINGS. The practice 
of requiring a state or municipal license to 
pursue any stated calling is almost universal 

351 



in South America and in southern Europe, but 
is opposed to the whole theory of the common 
law, which recognizes as normal freedom of 
trade throughout the realm; that is to say, 
the right of any person to practise any ordi- 
nary trade, not based upon a state monopoly, 
or to exercise any lawful calling. The licenses 
exacted by the trade guilds, although very old 
historically, were hardly more than permitted 
by the common law, which, indeed, in early 
statutes, began to regulate the guilds to some 
extent, as by requiring that they should have 
no unreasonable by-laws, and should not com- 
bine to force others from a trade. Neverthe- 
less, the Crown always attempted as a means 
of taxation to grant licenses or charters, which 
were usually accepted because they carried 
with them a monopoly, and as such were de- 
nounced under Elizabeth and finally destroyed 
by legislation under James I. The matter of 
licenses for professions based on examination 
and required in the interest of the general pub- 
lic is elsewhere discussed {see Examinations 
for Employment and Professions). The li- 
cense to solemnize marriages is usually con- 
ferred upon ministers by statute. Arbitrary 
licenses are required avowedly for purposes of 
taxation by state or city; or, as in the case of 
peddlers, push-cart vendors, newsboys, etc., to 
bring irregular callings under police super- 
vision. The licenses required of liquor dealers 
involve additional considerations (see Liquor 
Licenses ) . The practice of imposing licenses 
for ordinary callings exists largely in 
the southern states, which have compara- 
tively few sources of taxation; indeed, 
the constitutions of one or two states 
provide that all trades in that state shall 
be forever taxable. In some states there 
is a list of sixty or seventy occupations which 
cannot be exercised without the payment of a 
small tax or license fee to the state, city or 
town; and the practice is probably increasing; 
but except for some police reason, hardly as 
yet exists in the North. See Examinations 
for Employment and Professions; Labor, 
Relation of the State to ; Liquor Licenses ; 
License Taxes on Occupations. Reference: 
F. J. Stimson, Am. Statute Law (1896), I, 
§ 6130. F. J. S. 

LICENSES, LIQUOR. See Liquor Licenses. 

LIEUTENANT-GOVERNOR. The lieuten- 
ant-governor is provided for by the constitu- 
tions of over 30 states. He is always elected, 
under qualifications the same as those for the 
governor. In case of the death, removal or in- 
capacity of the governor, the lieutenant-gover- 
nor succeeds. In some states he may act as 
governor during the temporary absence of the 
governor from the state. Vacancies in the posi- 
tion of lieutenant-governor are filled in various 
ways. In Ohio, the governor fills the vacancy 
by appointment. The lieutenant-governor in 



LIFE, PROTECTION OF— LIGHTHOUSE SYSTEM 



some states is a member of executive boards. 
His usual duty is to preside over the senate, 
and to vote only in case of a tie. However, in 
Indiana, Kentucky, and Missouri, he may de- 
bate in committee of the whole, and in the 
two former may vote in that committee. See 

GOVERNOR OF THE STATE ; STATE EXECUTIVE. 

References: A. B. Hart, Actual Government 
(1908), 142; F. N". Thorpe, Federal and State 
Constitutions ( 1909 ) ; C. A. Beard, Am. Gov- 
ernment and Politics (1911), 499. 

T. N. H. 

LIFE, PROTECTION OF. Guaranties for 
the protection of the life of the individual, be 
he citizen, subject, or alien, are found in all the 
state constitutions and in the Federal Consti- 
tution (Amend. XIV, Sec. i). These guaranties 
are specific with reference to forms of pro- 
cedure in criminal prosecutions for offenses 
which may be punished with death, and general 
to the effect that no person shall be deprived 
of life without due process of law, these specific 
and general provisions being usually combined 
in one declaration (Const. Amendment V). 
By the Fourteenth Amendment the due process 
of law guaranty is imposed upon the states. 
As bills of attainder are prohibited both to 
the state and federal (Art. I, Sec. ix, fl 3) 
governments ( see Attainder, Bill of ) , no per- 
son may be deprived of his life by lawful ac- 
tion of the government in any of its depart- 
ments without due form of procedure in the 
courts save in the emergencies of military 
operations, conducted by the Federal Govern- 
ment under the power to declare war, raise and 
support armies, provide and maintain a navy, 
make rules for the government and regulation 
of the land and naval forces, provide for calling 
forth the militia to execute the laws of the 
union and suppress insurrections and repel 
invasions, and to provide for organizing, arm- 
ing, and disciplining the militia (Art. I, Sec. 
viii, ^ 11-16), and by the states not inconsist- 
ently with the prohibition that they shall not 
keep troops or ships of war in time of peace 
or engage in war unless actually invaded or in 
such imminent danger as will not admit of de- 
lay (Art. I, Sec. x, f 3). (As to military and 
martial law, see Milligan Case. ) These con- 
stitutional guaranties are founded upon the 
limitations of governmental power found in 
Magna Charta. (See W. Blackstone, Commen- 
taries, I, 127-130.) 

By the common law, recognized in this re- 
spect in all the states, life is regarded as the 
highest of personal rights. The unlawful tak- 
ing of it is made a crime of the highest magni- 
tude which may be punished with death save 
in those states in which capital punishment 
is entirely abolished; and the extremest exer- 
cise of the right of self-defense is recognized 
as proper against unlawful violence imperiling 
the person's own life or that of a member of his 
family or any other person to whom he owes 



the obligation of personal protection. As a 
civil injury to the relatives or the estate of 
one whose life is unlawfully taken by another, 
the infliction of injuries resulting in death 
was not the basis for recovery of damages by 
the common law of England as it existed prior 
to independence; but statutory provisions for 
the recovery of damages in such cases have 
been adopted in practically all of the states. 

See Bills of Rights; Due Process of Law. 

Reference: W. Blackstone, Commentaries 
(Hammond, Ed., Notes, 1890), III, 194. 

Emlin McClain. 

LIFE-SAVING SERVICE. The life-saving 
service for purposes of administration is placed 
under the Treasury Department. A humane 
society in Massachusetts established a life-sav- 
ing service there as early as 1789. In 1849 
Congress made a small appropriation for 
it. For some time it was connected with 
the revenue cutter service. The present sys- 
tem was established in 1878. There are 227 
stations of which 165 are along the Atlantic 
coast, 45 on the Great Lakes, one on the Ohio 
at Louisville, Kentucky, 8 on the Gulf of Mex- 
ico, and 8 on the Pacific coast. The stations on 
the Atlantic and Gulf coasts are open from the 
first of September in each year until the first of 
the succeeding May, those on the Lake coasts 
from about the 15th of April to about the 15th 
of December, while the "active season" on the 
Pacific coast is left to the discretion of the 
General Superintendent. There is a General 
Superintendent over the entire service, and a 
district superintendent over each of the thir- 
teen districts. There are 290 keepers of sta- 
tions, who receive as annual salaries a total 
of $276,800. In addition, there are several 
crew and surfmen maintained at each station. 
Many lives are saved each year by the service 
and many vessels are warned off by the patrol 
and prevented from wreck. The General Su- 
perintendent of the Life-Saving Service re- 
ported 7,177 persons saved from 1,730 vessels 
that suffered casualty during the fiscal year 
ending June 30, 1912. See Lighthouse Sys- 
tem; Shipping, Regulation of. Reference: 
U. S. Secretary of Treasury, Annual Reports. 

T. N. H. 

LIGHTHOUSE SYSTEM. The lighthouse 
system, along with the life-saving service 
(see), and the revenue cutter service (see), 
has the purpose of aiding navigation and sav- 
ing life on the sea. Lighthouses are built 
at danger points, and the powerful lights can 
be seen for many miles as a warning to ves- 
sels. In a few places where it is impractical 
to build lighthouses, light ships are used. 
For warning in dense fogs, fog horns and sirens 
are set up on or near the light houses. The 
structure of the lighthouses built offshore is 
usually steel tubular. In the appropriations 
for the construction, Congress commonly limits 



352 



LIGHTING, ELECTKIC 



the cost, although some cost more than $100, 
000. There are several thousand lights and 
signals. 

In the first Congress there was an act passed 
(1790) providing for lighthouses: thereafter 
the lighthouses were under the Treasury De- 
partment. In 1882 a lighthouse board was 
created still under the Treasury Department, 
composed of two naval officers, two engineers, 
and tAVO civilians of scientific attainment, with 
the Secretary of the Treasury ex officio presi- 
dent. 



By act of Congress, June 17, 1910, the sys- 
tem was reorganized as the Lighthouse Bureau 
of the Department of Commerce and Labor, 
with a commissioner at the head, appointed by 
the President. In each of the nineteen dis- 
tricts, is a district inspector, a force of clerks, 
constructing engineers, and superintendents 
of naval construction. 

See Life-Saving Service; Shipping, Regu- 
lation of. 

Reference: U. S. Commissioner of Light- 
houses, Annual Reports. T. N. H. 



LIGHTING. ELECTRIC 



Types of Lighting.— The modern art of elec- 
tric lighting which began with small primary 
batteries as a source of current, a hundred 
years ago, now derives its electrical energy 
from dynamos capable of maintaining at full 
incandescence as many as a million standard 
lamps. Early recognized by pioneer investi- 
gators such as Davy, the principles upon which 
the industry is based have varied in their 
methods of application. The three methods of 
employing electricity in illumination have been : 
(1) the consumption of various substances, 
chiefly carbon, in the gap between two points 
across which the arc jumps; (2) the electrify- 
ing of vapors or gases in glass or quartz tubes ; 
(3) the bringing up to a white heat of fila- 
ments of carbon or metal sealed in glass bulbs 
from which the air has been exhausted to a 
high degree. 

In the United States, the industry began 
about 1870 with the introduction of "open 
arc" lamps in series, supplied with energy from 
small direct current dynamos of high voltage, 
at a pressure dangerous to human life. These 
lamps were fed through poorly insulated, over- 
head circuits, and were often raised in groups 
on towers, to a considerable height above the 
ground. Gas lamps were rapidly displaced by 
them on the streets of the larger cities, and 
today there are some 6000 municipal and pri- 
vate systems of this kind. 

Direct and Alternating Currents. — Meantime 
in the early eighties, the incandescent lamp 
was perfected, and the electric light thus "sub- 
divided" or adapted to interior use, at once 
enjoyed enormous vogue and popularity within 
the restricted urban areas that could be sup- 
plied from the expensive low pressure networks 
of heavy copper, placed chiefly underground. 
This great advance was aided by the introduc- 
tion, on the same circuits, of electric motors, 
by which the utilization of the neglected alter- 
nating current was carried to most scattered 
consumers with all the advantages of such serv- 
ice, cheaply and reliably. The great national 
problems of conservation (see) date from about 
1890, when electricity thus gave value to the 



remotest water powers and poorest coal beds, 
and compelled the public to consider their pres- 
ervation. 

Today, in all American cities, current is 
generated by alternating dynamos, which de- 
liver the energy in the form of safe, low, poten- 
tial, direct current to the consumer or to re- 
serve storage batteries. Quantities of the al- 
ternating current, nevertheless, go unchanged 
to the consumer. The standard potentials of 
lighting circuits are 110 and 220 volts, but 
"out on the line" the potentials run as high 
as 110,000 to 140,000 volts, while "aerial track" 
for the current may sometimes stretch for 250 
miles. 

Modern Public Systems. — For many years, on 
its long separate circuits, the open arc reigned 
supreme for public and store lighting; but has 
been virtually replaced by the "enclosed arc," 
of lower economy, but greater whiteness and 
steadiness of light. This, in turn, is being 
challenged by the "flaming arc" or by the 
"luminous" and "magnetite" arcs, all now in 
extensive use, and distinguishable by their in- 
tensity, color, or brightness. Nearly one hun- 
dred American cities have adopted a new sys- 
tem of ornamental street lighting of tungsten 
filament incandescent lamps placed in clusters 
on low ornamental posts, with one, three, ot 
five lamps in separate frosted globes. One oi 
the latest examples is Atlanta, Ga., with 239 
ornamental posts, distributed over 13,000 feet, 
at a cost to the city of $45.00 per post annual- 
ly, for 2000 hours burning. In some cities mer- 
chants' associations pay for the installation 
and its maintenance; in others this cost is di- 
vided between the city and the merchants bene- 
fitting; in some cases the city levies a special 
tax to cover both items. The thoroughfares in 
New Haven are probably, the most evenly and 
most brilliantly lighted streets in America 
with the low post magnetic arcs. 

The third method noted above, "vacuum 
tube" lighting, is of late practical genesis. 
In most of these lamps, mercury, in some cases 
nitrogen, vapor has been employed; it is to be 
found in printing offices, store rooms, docks, 



353 



LILY WHITES 



freighthouses, etc., and is strongly favored by 
photographers for quick work. An example 
is the huge government printing office in Wash- 
ington. Mercury vapor quartz tubes have come 
into vogue in Europe. 

With an annual increase of output of 15 to 
20 per cent the central station lighting systems 
of the country find each year a smaller propor- 
tion of their income derived from illumination, 
because the miscellaneous uses in power, heat, 
deposition, metallurgy, trolleys, etc., drawing 
upon these common sources of current supply, 
are multiplying so rapidly. 

Municipal Ownership. — Municipal ownership 
of electric light plants in the United States 
has not been generally successful. Constant 
and expensive changes in apparatus and meth- 
ods necessitate a steady supply of new cap- 
ital, and managerial ability of a high and ex- 
pensive order. Hence private operation of 
central stations in America much surpasses 
the results in those parts of Europe where mu- 
nicipal ownership has vogue. The municipal 
plants in America exist chiefly in small towns 
and villages where private capital could not 
be induced to venture, although there are a 
few large public plants as in Chicago and De- 
troit, devoted to street lighting, or as in 
Seattle, doing a general business. The rela- 
tively small size and limited investment o! 
municipal plants is such that in 1907, the 1,252 
municipal systems in the United States had an 
income of $14,011,999 and the 3,462 private 
plants earned $161,630,339. 

Lighting Franchises. — The central station in- 
dustry is carried on ordinarily under the re- 
gime of franchises granted to the local com- 
panies, often associated with a contract for 
street lighting for a term of years. The inter- 
pretation of these contracts has frequently be- 
come a matter of dispute on various points, 
generally as to quality or quantity or regu- 
larity of the light supplied, but sometimes on 
other grounds. At Omaha it has been argued 
that the original franchise granted in the early 
eighties did not include the distribution of 
electrical energy for power as well as light. 
In other disputes, the substitution of modern 
forms of electric illuminant for older types has 
brought with it litigation as to the real equal- 
ity of service in the change. The whole drift 
has been toward scientific measurement of the 
light given, or the energy used on the streets 
for illumination; and associated with this has 
been a steady downward revision of the scale 
of rates applied to the consumption of the 
private consumer. 

Regulation and Rates. — One of the few 
things that has consistently lowered in price 
throughout a period of twenty five years is 
electrical energy in its various forms of ap- 
plication. This process began long before the 
creation of public service commissions to reg- 
ulate rates; but the commissions are an im- 
portant factor in determining the continuance 



of the process. Many of the older franchises 
were of short term, it being illegal in some 
states to make street lighting contracts for 
more than a year; but under commission con- 
trol, the indeterminate franchise has become 
a preferred form, for under it a corporation 
giving good service can adjust its rates and 
plant extensions to a long period and thus 
distribute amortization charges that would 
otherwise bear heavily on rates made under 
franchises or contracts expiring at short in- 
tervals. 

One of the leading questions of commission 
control in the electric lighting field has been 
how far it can safely be permitted to pass be- 
yond regulation and assume management of 
the properties engaged in the industry. The 
border line is shadowy; the subject highly 
controversial. Meantime the commissions, gen- 
erally, are exercising a salutary influence on 
capitalization, growth and methods, are insist- 
ing on equal and fair rates, are standardizing 
the systems of bookkeeping, are extending facil- 
ities as in breakdown connection for isolated 
plants, are safeguarding the accuracy of meters 
and broadly applying the control from which 
the customer derives confidence and good serv- 
ice while the corporation itself is unchecked in 
its reasonable profit and its natural expansion. 

See Franchises, Corporation, Legal 
Aspects of; Municipal Ownership; Munici- 
pal Trading; Public Service Corporations; 
Water Power. 

References: "Campaign for Improved Street 
Lighting" in Electrical Review and Western 
Electrician, Sept. 16, 1911; U. S. Bureau of 
the Census, "Central Electric Light and Power 
Stations, 1907" in Special Report, 1910; Pub- 
lic Service Commissions, New York, Massachu- 
setts and Wisconsin, Reports ( 1909-13 ) ; 
Files of Electrical World, Electrical Re- 
view (1910-13); National Electric Light 
Association, Proceedings (1911-13); H. A. 
Foster, Engineering Valuation of Public 
Utilities and Factories (1912) ; Henry Floy, 
Valuation of Public Utility Properties (1912) ; 
Am. Year Book, 1910, 688, 689, ibid, 1911, 696, 
ibid, 1912, 563. 

Thomas Commerford Martin. 

LILY WHITES. The Lily Whites are Ke- 
publicans of the South who desire to build up 
the party as a white man's party. They pro- 
pose to overthrow the old policy of the Repub- 
lican party as the only party for the blacks, 
They are opposed by the old time Republicans, 
the Black and Tans (see). In different south- 
ern states the Lily Whites have carried on the 
struggle for their principles with more or less 
success. In 1892, the Lily Whites of Texas 
declared that the regular Republican organiza- 
tion in that state had degenerated into a mob, 
and it called upon whites to form a new organ- 
ization from which the blacks were exclud- 
ed. They were unable to control the state 



354 



LIMITATIONS, STATUTES OF— LIQUOR LEGISLATION 



organization, and could not prevent the re- 
nomination of Harrison. Since the Democrats 
control the southern states, the greatest im- 
portance attached to the factions of the Re- 
publican party is the part played in the nom- 
ination of candidates for President. The Lily 
Whites have generally lost to the old time 
Republicans, but judging from the results in 
Louisiana in 1912 the Lily Whites are gradu- 
ally gaining control of the party organizations 
in the southern states. 

References: New Orleans Picayune, Jan. 25, 
1912; New Orleans Times-Democrat, Jan. 25, 
(1898), 516; New Orleans Times-Democrat, 
Jan. 25, 1912. T. N. H. 

LIMITATIONS, STATUTES OF. Statutes 
providing that no suits shall be maintained 
upon the causes of action named or described, 
unless brought within the time specified in the 
statute. H. M. B. 

LIMITATIONS TO TAXATION. See Taxa- 
tion, Limitations to. 

LIMITED MONARCHY. See Monaechy; 
States, Classification of. 

LINCOLN, ABRAHAM. Abraham Lincoln 
(1809-1865), sixteenth President of the Unit- 
ed States, was born in Hardin county, Ky., 
February 12, 1809. In 1837 he was admitted 
to the bar, and began practice at Springfield, 
111. From 1834 to 1841 he was a Whig member 
of the Illinois legislature, and from 1847 to 
1849 a member of Congress, opposing the Mex- 
ican War and supporting the Wilmot proviso. 
He was one of the founders of the Republican 



party in Illinois, and in 1858 offered himself 
as a candidate for the United States Senate. 
He was defeated by Douglas, but a series of 
joint debates, in which he compelled Douglas 
to discuss popular sovereignty and the Dred 
Scott case, made Lincoln one of the foremost 
exponents of Republican anti-slavery doctrine 
in the country. In 1860 he was nominated for 
the presidency by the Republicans, and elected 
by a sectional vote, receiving 180 electoral 
votes out of a total 303, but a popular vote of 
only 1,866,452 in a total of 4,682,069. The 
history of his first administration is the his- 
tory of the United States during the Civil 
War; but his patience, farsightedness, and ex- 
ecutive ability mark him as one of the world's 
greatest statesmen, irrespective of the particu- 
lar problems with which he had to deal. He 
was reelected in 1864, receiving 212 electoral 
votes against 21 for McClellan. On April 14, 
1865, he was shot at Ford's theatre, Washing- 
ton, by John Wilkes Booth, and died the next 
day. See Civil War, Influence of, on Amer- 
ican Government ; President, Authority and 
Influence of; Republican Party; Secession 
Controversy; Slavery Controversy. Refer- 
ences: J. G. Nicolay and J. Hay, Abraham Lin- 
coln: A History (rev. ed., 1900), Eds., Lin- 
coln's Complete Works (1894); J. D. Rich- 
ardson, Messages and Papers of the Presi- 
dents, VI (1897) ; W. H. Herndon and J. W. 
Weik, Herndon's Lincoln, the True Story of a 
Great Life ( 1889, new ed., 1892 ) ; J. T. 
Morse, Abraham Lincoln (rev. ed., 1898) ; 
H. J. Raymond, Life and Public Services of 
Abraham Lincoln, with His State Papers 
(1865) ; C. Schurz, Abraham Lincoln (1891). 

W. MacD. 



LIQUOR LEGISLATION 



Basis in Colonial Period. — The earliest liquor toxicants was, from the outset, regarded as a 



legislation in the United States was largely 
based upon fiscal considerations; the sale of 
intoxicants was a profitable business and there- 
fore to be taxed. But if much of the colonial 
legislation was primarily for the purpose of 
laying "a duty of excise on strong waters," it 
was not unmindful of the necessity of placing 
certain restrictions upon the traffic as a matter 
of public safety. From the earliest days of 
American history, the laws have recognized, 
more or less clearly, the sale of intoxicants as 
an inherently dangerous traffic and therefore 
one to be subjected to governmental regula- 
tions. Among the earliest prohibitions were 
these against sale to Indians, while a variety 
of prescriptions governed the conduct of inns 
and taverns as safe-guards to the peace and 
morals of the community. The manufacture 
of liquor was, for a time, left more or less 
unregulated; but the business of retailing in- 



355 



quasi-public function. Being conducted almost 
wholly through inns and taverns, which were 
in the nature of public institutions enjoying 
special privileges, the equity of subjecting them 
to special regulations was not questioned. The 
right of a community to impose on the liquor 
traffic restrictions from which ordinary busi- 
nesses are exempt has thus always rested upon 
the principle of the right of regulation where 
public peace and public morals are concerned. 
But the theory of the supremacy of the state 
in all matters pertaining to the liquor traffic 
was not reflected in most of the early legisla- 
tion. Its basic principle was local self-govern- 
ment; the state might prescribe the general 
regulations to govern the traffic; but the right 
to grant licenses, expend excise moneys and 
supervise the sale of intoxicants was local. 

Present Basis. — At the middle of the last 
century opinion concerning the relation of the 



LIQUOR LEGISLATION 



state to the liquor traffic changed markedly. 
The temperance movement, which at first had 
been a moral suasion movement, ended in new- 
demands for restrictive law, the first fruits of 
which were various abortive attempts to secure 
local prohibition, succeeded by the enact- 
ment of state-wide prohibition in several states. 
In the fifties was ushered in a long series of 
experiments in liquor legislation, which more 
or less directly had their origin in a desire to 
diminish the evils resulting from intemperance. 
It was impossible that the old loose methods of 
dealing with the liquor traffic should be re- 
tained. Public opinion would no longer toler- 
ate it. One may therefore say that the tem- 
perance movement has set a lasting mark upon 
all modern liquor legislation. Still, the great 
majority of the states have continued to legal- 
ize the liquor traffic, and the methods under 
which it is done may properly be considered 
first. 

License Legislation. — The pivotal question in 
all license laws is the choice of the licensing 
authority. Whether the traffic is operated un- 
der high or low license and under lenient or 
strict regulations, the results for good or evil 
of the different systems depend in the end upon 
the character of the licensing authorities, their 
power, and manner of using it. Under licens- 
ing authorities who are unswayed by political 
and other influences, who have power to punish 
violations by suspension and revocation of sell- 
ing privileges, and use it, and who, above all, 
regard not only the fitness of applicants for 
license but legitimate public demands, the vari- 
ous devices for counteracting intemperance, 
lessening temptation, etc., may become opera- 
tive and wholesome. But experience teaches 
that under licensing authorities who serve 
the greed of the traffic or political ends, rather 
than the interests of the public, it matters com- 
paratively little what are the statutory or 
local regulations or how severe the penalties 
for violation. The experiments with licensing 
authorities have usually taken three direc- 
tions. 

(1) Licensing by the Judiciary. — Thus in 
Pennsylvania, the judges of the court of quar- 
ter sessions issue liquor licenses and have pow- 
er to revoke them. They are expected to have 
due regard to the character of the applicants 
and the public necessity for drink places. In 
Virginia, the circuit or corporation court of 
the county or city is the licensing authority. 
In Texas, the county courts issue licenses upon 
permits to apply for licenses granted by the 
comptroller of public accounts, who is required 
to scrutinize closely each application. In Dela- 
ware, the licenses must be approved by the 
courts before being issued. In Missouri, li- 
censes are granted by the county courts. 

(2) Licensing by Local Authorities. — In very 
large areas this important function is exercised 
by city councils, boards of county commission- 
ers, boards of selectmen, boards of police, or 



by a locally or state appointed board of excise. 
In Michigan, for instance, township boards, or 
village and city councils pass upon applications 
for licenses, the application for which must b^ 
filed with the county clerk. In Massachusetts, 
licenses may be issued by local boards appoint- 
ed by mayors, by the board of selectmen in 
towns and in certain cities (notably Boston) 
by a board of licensing commissioners appoint- 
ed by the governor. Massachusetts thus ex- 
emplifies several kinds of licensing authorities. 

(3) Licensing by Tax Authorities.— Many 
permits to sell are issued by a state excise 
commissioner or local authorities, the permits 
being in the nature of tax imposts rather than 
licenses. In New York a state excise com- 
missioner issues tax permits. In Ohio, which 
also operates under a tax law, the control rests 
with local authorities. 

Pennsylvania perhaps furnishes the best 
illustration of successful control of licens- 
ing by means of the judiciary. Notably 
good results have been obtained in Mas- 
sachusetts from the experiments with the 
local excise boards appointed by the gov- 
ernor. The practice of permitting city 
councils, boards of police, county commis- 
sioners and other local governing bodies to 
issue licenses has not vindicated itself. Polit- 
ically chosen bodies can not always escape per- 
nicious political influences, and, therefore, are 
under temptation to relax vigilance and to neg- 
lect state and local regulations. 

High License. — Another important feature of 
modern license legislation is the high license 
system, which may or may not be coupled with 
a statutory limitation of licensed places. States 
that had experimented with prohibition and 
discarded it were not content to return to the 
former system of low license which usually 
stood for a number of saloons far in excess of 
that needed to meet public demands and, gen- 
erally, for a poorly regulated traffic. The high 
license method, which has gained favor in many 
states (see Liquor Licenses) undoubtedly 
makes for better control; but not so much be- 
cause of the larger license fees, which may be 
imposed chiefly for revenue, as because it has 
usually been accompanied by more effective 
and enforceable regulations. A high pre- 
mium on the privilege of selling inevi- 
tably tends to reduce the number of saloons, 
but, more important, it insures applicants of 
a better character and greater financial respon- 
sibility. It is obvious that control of saloons 
is simplified when their number is restricted. 
Therefore high license has been reenforced in 
several states by statutory provision for the 
limitation of licenses. High license has as a 
rule been followed by stricter regulations of 
the hours of sale, and numerous prohibitions of 
different kinds. 

Difficulties of License. — But success in regu- 
lating the traffic depends less upon minute 
statutory prescriptions than upon the authori- 



356 



LIQUOR LEGISLATION 



ties from which the privilege to sell emanates, 
their attitude in consulting public interests, 
and their power to compel obedience to law. 
Regulative devices may prove mere irritants 
unless their soundness is proven ; and the truth 
has long been demonstrated that liquor legisla- 
tion which ignores manifest public demands 
will not be enforced, and that too severe repres- 
sion of the legalized traffic paves the way for 
illicit selling. It is within the facts to say 
that the license laws of the United States as 
a whole are crude, unsystematic, bent upon the 
development of minor restrictions, and place 
faith in penalties rather than in the adherence 
to thoroughly tested principles. This is es- 
pecially notable in the matter of licensing au- 
thorities and in the lack of provisions for en- 
couraging the use of the lighter beverages in- 
stead of the more alcoholic. 

Local Option. — A natural outgrowth of the 
desire to lessen the inevitable evils accompany- 
ing the sale of liquor was the adoption of local 
option, which may be defined as the principle 
of permitting the local community, whether it 
be a county, municipality, village, ward, pre- 
cinct or other specified district, to decide for 
itself whether the sale of liquor shall be li- 
censed or not. The principle (one of the few 
stable ones in liquor legislation) was operative 
long before it received statutory recognition in 
any state. During recent years, most states 
have incorporated it in their legislation {see 
Local Option). 

Difficulties of Local Option. — The success or 
non-success of this method of securing local 
prohibition depends mainly upon three condi- 
tions: (1) the unit to be affected; (2) the 
method by which the question is decided; (3) 
the length of time during which popular deci- 
sion holds. If a unit in local option elections 
consist of little related parts, for instance, a 
county containing a city of some magnitude 
but also a large rural population, it may easily 
happen that the majority of the city's vote fa- 
vorable to license is overcome by the rural vote 
favorable to local prohibition. Thus when a 
municipality is forced against its will to sub- 
mit to the dictates of the rural vote, the en- 
forcement of local prohibition rarely if ever 
succeeds. To have fair play local option must 
be the expression of the local community un- 
trammeled by outside influences. Without ex- 
ception, the question of license or no license 
is now decided by a simple majority vote. So 
evenly balanced may be popular opinion that 
a very few votes, or even a single one, may 
determine the issue. In such cases, public 
sentiment favorable to the enforcement of local 
prohibition is seldom strong enough to become 
effective. A fairer expression of public opinion 
and stabler conditions would result by requir- 
ing at least a two-thirds majority in order to 
change the policy upon the liquor question. 

Elections on Local Option. — In most states, 
local option elections are held upon the petition 



357 



of electors, usually a third or a fourth of the 
whole number. Unless the law specifies that 
elections must be held at stated intervals, the 
decision arrived at holds good until another 
election takes place upon a new petition. In 
Massachusetts and Vermont a local option vote 
is taken annually; in New Hampshire once in 
two years in towns and once in four years in 
municipalities; Missouri votes once in three 
years and Ohio may do so within that 
period. In the following states the results 
of a local option election hold for two years: 
Arizona, Colorado, Florida, Michigan, Mon- 
tana, New York, Oregon, Texas and Virginia. 
The permanency thus given to the liquor policy 
adopted by popular vote varies greatly. A 
common argument for frequent elections is that 
it tends to keep alive the temperance sentiment 
of the community. On the other hand, annual 
changes from license to local prohibition or 
vice versa stand in the way of enforcement, 
afford no real test of either policy, and give 
constant play to political factors. 

Advantages of Local Option.— That local op- 
tion has vindicated itself as applied to rural 
communities is generally conceded. That local 
prohibition is not properly enforced in urban 
centers unless they have a safety valve in 
neighboring places under license is also com- 
mon experience, but in such a case the policy 
does not receive an actual test. No adequate 
means have been found of preventing the im- 
portation of liquor into no-license territory for 
alleged private use, the only result being more 
or less illegal selling. Local option, especially 
with a county unit in elections, is much fa- 
vored as a stepping stone toward state-wide 
prohibition. 

Prohibition. — Of the 23 states which at some 
time adopted state-wide prohibition, only 8 
have so far remained steadfast to this policy, 
and only three of those have had time to test 
the policy (Maine, Kansas and North Dakota), 
while in the remaining five states the prohibi- 
tion laws date from 1907, 1908 and 1909 {see 
Prohibition ) . 

In form, state prohibition laws do not differ 
materially, although one law may be considered 
more drastic than others in respect to penalties 
and the efforts to close up every avenue of 
liquor supplies. 

Difficulties of Prohibition. — The experiments 
with prohibition have not made out their case. 
Prohibition has succeeded more or less per- 
fectly where local option also succeeds — in ru- 
ral communities. When applied to cities, pro- 
hibition has not proved capable of enforcement 
except spasmodically. The various expedients 
tried such as a state enforcement commission, 
the establishment of liquor agencies under 
state auspices for dispensing liquor for medici- 
nal purposes, etc., all have failed to prevent 
illegal selling. No state with large urban pop- 
ulation and great cities has retained prohibi- 
tion for any length of time. Maine, Kansas 



LIQUOR LICENSES 



and North Dakota are largely rural communi- 
ties, with but one city of any magnitude (Kan- 
sas City, Kansas), which is immediately ad- 
jacent to another large city under license. Al- 
ways the question of enforcing prohibition ceas- 
es to be a moral issue and becomes a political 
one around which local elections center. The 
most eloquent testimony to the difficulties of 
enforcing state-wide prohibition is found in the 
endless amendments with which it is sought 
to strengthen the original act — the prescription 
of penalties, the provisions for "search and 
seizure," the appointment of special officials, 
etc. The enforcement of prohibition as well as 
of many other laws depends upon the force of 
public sentiment behind it. As yet it has not 
been demonstrated that any state in all its 
parts and especially in the cities will submit 
for any length of time to a prohibition regime. 
When the adoption of prohibition is compelled 
under the political lash or results from a man- 
ufactured rather than a real sentiment, the 
legislation is foredoomed to repeal, as the his- 
tory of many states in prohibition legislation 
has shown. 

Public Liquor Selling. — The experiments so 
far made in the United States with liquor sell- 
ing directly under state or local community 
control have not been altogether successful {see 
Liquor, State Dispensary for). A funda- 
mental difficulty attending this method is 
the distribution of the profits, which in- 
variably have proved large, and when 
used to reduce taxation usually defeat 
the central purpose of public control, 
restriction. Nevertheless, the experience with 
local dispensaries in cities of Alabama, Georgia 
and North Carolina won for them much popu- 
lar favor and proved, among other things, a 
valuable means of preventing excessive drink- 
ing among the negroes. Except in South Caro- 
lina, the dispensary experiments have not been 
carried on under adequate legislation. How far 
public control of the traffic is adapted to Amer- 
ican needs remains to be proved. At the pres- 
ent time laws enabling a thorough test of it 
are lacking in all the states. 

See Drunkenness, Regulation of; Gothen- 
berg System; Inebriate Asylums; Prohibi- 
tion; and under Liquor and Local Option. 

References: H. Austin, Liquor Law in the 
New England States ( 1890 ) ; H. C. Black, 
Treatise on the Laws Regulating the Manu- 
facture and Sale of Intoxicating Liquors 
(1892); Committee of Fifty, Liquor Problem 
in Its Legislative Aspects (1898) ; E. L. 
Fanshawe, Liquor Legislation vn the United 
States and Canada (1893) ; Mida, Digest of 
State Laws, and their Salient Features, and 
Court Decisions Affecting the Liquor Interests 
(1899); J. Rowntree and A. Sherwell, Tem- 
perance Problem and Social Reform (1900), 
chs. iii-v, Taxation of the Liquor Trade ( 1906 ) , 
I; J. Koren, Economic Aspects of the Liquor 
Problem (1899), John Koren. 



LIQUOR LICENSES. Until 1881, when the 
state of Nebraska adopted a system of high 
license, the licensing systems of the different 
states varied but slightly in essentials. Begin- 
ning in the eighties, the new methods of regu- 
lating the traffic have had the twofold purpose 
of limiting the number of places where liquor 
may be sold, and of providing for a stricter 
control of those remaining. 

High License Systems. — At the present time 
about one-half of the states may be said to be 
under high license, or that high license is pos- 
sible in them under the law. The amount of 
license fees varies greatly, as do also the re- 
strictive features. For general purposes the 
high license systems may be classified as fol- 
lows: (1) high license fees without special 
restriction as to number of licensed places and 
privileges; (2) high license coupled with a 
statutory limitation of the number of licensed 
places; (3) high license with statutory limita- 
tion of places, severe conditions of license, a 
stringent classification of licenses and conse- 
quent differentiation of the privileges con- 
ferred. 

High License without Restriction. — So be- 
wildering are the numerous details in which 
high license systems differ that only a few 
general illustrations can be given. Ohio pro- 
vides an example of a state exacting large fees 
for the right to sell liquor, but without restric- 
tion as to number of places of sale or other 
stringent regulation of the privileges they may 
enjoy. It has a tax system by which local au- 
thorities impose a tax upon each place for the 
sale of liquor amounting to $1000 per annum. 
Although the high tax operates to keep down 
the number of places, it is an ineffective meas- 
ure of control, because it is simply an impost 
levied by authorities that are not directly con- 
cerned with the enforcement of the law, nor 
with the prescription of conditions under which 
sales may or may not be carried on. The sys- 
tem of a high tax on the saloon traffic in New 
York has an advantage over the Ohio method 
in that a state excise commissioner issues the 
tax certificates, thus removing the business a 
step further from local politics. 

High License with Restricted Number. — An- 
other form of high license is exemplified by 
Pennsylvania where the amount of fees is reg- 
ulated by the size of the town in which the 
traffic is carried on, and the licenses are issued 
by the judges of the court of quarter sessions, 
who not only have absolute power to revoke 
any or all licenses at the end of twelve months, 
but are expected to scrutinize the character of 
the applicant and have due regard to the 
needs of the community in licensing new places. 

High License with Restricted Sales. — The 
third class of high license systems is illus- 
trated by Massachusetts. Here the minimum 
fee for selling all kinds of liquors to be drunk 
on the premises is fixed at not less than $1000 
per annum, to which the local licensing author- 






358 



LIQUOE LICENSES 



ities may add an indefinite amount. Saloon 
licenses are limited to one to 1000 inhabitants 
outside Boston and one to each 500 inhabitants 
within that city. Massachusetts also has an 
elaborate classification of licenses, differenti- 
ating sharply between the privileges the vari- 
ous classes of licensees may enjoy. The highest 
premium is placed on the license to hotel-keep- 
ers to sell all liquors by the drink, with the 
privilege of keeping their bars open an hour 
later than the saloons, for which an extra 
license fee is charged. The license to sell 
liquors by the drink is divorced from the right 
to sell by the bottle in the same place (the so- 
called "bar and bottle bill" which is still in 
its experimental stages). A separate license 
is required of those who engage in the bottle 
trade. For the right to sell malt liquors, cider 
and light wine a lower license fee is exacted. 
There are separate club licenses. The local 
excise boards (in Boston appointed by the 
governor) are given wide powers of discretion 
both in awarding and revoking selling privi- 
leges. 

A usual concomitant of high license laws is 
the restriction of the hours of sale, its prohi- 
bition on Sundays and legal holidays, the con- 
finement of saloons to prescribed areas or their 
removal from residential districts, and numer- 
ous other devices designed to prevent excesses 
and limit temptation. 

Extent of High License. — In addition to the 
states mentioned, high license prevails in Min- 
nesota, New Hampshire, Florida, West Vir- 
ginia, Washington, Arkansas, Texas, Missouri, 
Michigan, Idaho, Illinois. As the license fees 
vary in these states so do the methods of li- 
censing and the various restrictions placed up- 
on the traffic. 

Relation of High License to Number of 
Drinking Places. — High license uniformly tends 
to reduce the number of saloons. Where it 
is coupled with a statutory limitation of li- 
censes, the reduction becomes almost automatic. 
In addition to Massachusetts, the following 
states limit licenses to population as follows : 
Iowa, 1 to 1000 inhabitants with no privilege 
of transferring licenses; Michigan, 1 to 500; 
Minnesota, 1 to 500; New York, 1 to 750 in- 
habitants, except in the case of hotels continu- 
ously occupied since 1896; and Rhode Island, 1 
to 500 inhabitants. There are also states in 
which the local community through its city 
ordinances, police or excise board or city char- 
ter may limit the number of saloons, but this 
is exceptional. 

Effects of High License. — The chief advan- 
tages of high license are that it: (1) reduces 
the places where liquor may be sold; (2) fa- 
cilitates supervision and control; (3) increas- 
es the financial responsibility of the licensee, 
thereby serving to exclude the more objection- > 
able type of liquor dealers; (4) generally puts 
a premium on decent conduct of the traffic. The 
character of the saloon trade is, however, much 



less determined by the amount of fees exacted 
under statutory prohibition than by the au- 
spices under which licenses are issued. Where 
these are issued by men unhampered by ex- 
traneous motives, and who have sufficient au- 
thority in law to safeguard the traffic and pun- 
ish violations of the conditions of the license by 
suspension or revocation, the character of the 
traffic will self-evidently be far better than in 
states where licenses are parceled out by local 
politicians who have less interest in regulation 
than in conferring privileges on their friends. 
In other words, a high license system may prove 
an effective restraint in one state, while in 
another, with an equally high license fee, it 
will not be effective simply because of undesir- 
able licensing authorities and consequent lax 
enforcement of the law. As a rule, low license 
has stood for a more or less unregulated condi- 
tion of the saloon traffic, the absence of strict 
supervision and a paucity of sane regulative 
measures. This, however, is not invariably the 
case, and even a statutory limitation of licenses 
may be compatible with a low license system. 
Thus in Connecticut, for instance, where the 
license fees do not exceed $300, no original 
saloon license may be issued if its issuance 
increases the number of licenses beyond 1 to 
500 inhabitants. 

Decrease in Licenses. — Due to high license 
fees and the adoption of statutory limitation 
in several states, a very general decrease in 
the number of retail licenses issued has oc- 
curred in recent years. In 1907-1908 the num- 
ber of retail licenses in cities of over 300,000 
population decreased 4 per cent, in cities of 
100,000 to 300,000, 2.9 per cent; in cities of 
50,000 to 100,000, 4.6 per cent; and in cities 
of 30,000 to 50,000, 15.1 per cent. Since these 
figures were issued by the United States Bu- 
reau of the Census, a still further decrease 
has undoubtedly occurred due to the adoption 
by several states of statutes limiting the num- 
ber of licenses. 

Rates of Licenses. — The lowest license fee 
in the states is charged in Delaware, being only 
$100 per annum. From this amount, the fees 
in the different states run up to several thou- 
sand dollars for licenses of the first class. 
States prescribing the minimum amount of 
$1000 to $1200 for privileges of the highest 
class are: New Hampshire, Florida, Massa- 
chusetts, West Virginia. The states fixing the 
maximum at $1000 to $1200 are: New York 
Pennsylvania (cities of first and second class), 
Minnesota, Nebraska, Ohio and Washington. 
In several states the local licensing authori- 
ties may add a definite or indefinite amount 
to the license fee prescribed by statute. 

Disposition of License Money. — There is a 
great variation in the amounts divided between 
the municipality, county and state. In many 
states, the municipalities receive the total rev- 
enue from the liquor traffic, as in California, 
Illinois, Nebraska, New Jersey, Oregon, Utah, 



359 



LIQUOR, STATE DISPENSARY OF— LITTLE GIANT 



West Virginia and Wisconsin. In Connecticut, 
Florida, Louisiana, Maryland, Massachusetts, 
Michigan, Montana, New Hampshire, New 
York, Ohio, Rhode Island, the state or county 
receives a certain percentage, varying from 2 
to 50 per cent of the total receipts. In only 
one state, Delaware, all the receipts of the 
liquor traffic are paid to the state. There are 
no complete statistics of the whole amount of 
license fees and taxes. It is known, however, 
that in 1908 the total amount received by 
cities of over 30,000 from the liquor traffic and 
licenses was $40,472,310. From 1902 until 
1908, the receipts of cities from this source 
have steadily increased. 

The number of inhabitants to each place of 
liquor traffic differs tremendously. Thus, for 
instance, in 1908, Hoboken, N. J., had 175 in- 
habitants to each such place, while Lincoln, 
Neb., had 2038. In the same year, the average 
number of inhabitants to each saloon, hotel, 
restaurant and club in cities of over 30,000 in- 
habitants was 353. 

Wholesale Establishments. — Wholesale es- 
tablishments, distilleries, breweries, and bot- 
tling establishments are everywhere subject to 
a license or tax. The fee paid by wholesale 
establishments ranges from $60 to $2000 per 
annum in different places. Distillery licenses 
run from about $250 to $1000. Breweries usu- 
ally pay according to the amount of output 
which may mean an annual fee of $5000. Li- 
censing fees for bottling establishments range 
anywhere from $80 to $1500. 

See Drunkenness, Regulation of; Gothen- 
burg System; Local Option; Taxation, Sub- 
jects of; and under Liquor. 

References: J. G. Capers, Federal Laws Gov- 
erning Licensed Dealers (1910) ; R. A. B. Haus- 
man, Liquor Laws of Perm. (1907) ; Peter 
Bachus, Laws of N. J. Relating to the Regula- 
tion and Traffic in Intoxicating Liquors 
(1910) ; U. S. Bureau of the Census, Statistics 
of Cities having a Population of over 30,000 
(1908). John Koren. 

LIQUOR, STATE DISPENSARY OF. The 

only American experiment in liquor legislation 
having as a purpose to eliminate private profits 
from the sale of intoxicants is the so-called 
dispensary system. It originated in Athens, 
Georgia, and was adopted by the state of South 
Carolina in 1903. Under this system all 
liquors were purchased by a state board of 
control for distribution among the county 
boards of control in charge of the local dis- 
pensaries. Liquor by retail could only be sold 
in sealed packages of not less than one-half 
pint for consumption off the dispensary prem- 
ises. The dispensaries were closed between sun- 
set and sunrise. Each purchaser was obliged to 
sign a blank, giving his name, age, residence, 
kind and quantity called for. All liquors 
bought by the state were required to be chem 
ically tested by the state analyst. 



The South Carolina state dispensary sur- 
vived until 1907, when it was displaced by an 
optional county dispensary system. The orig- 
inal act was twice reenacted bodily, in 1896 
and 1897, and subjected to much litigation both 
in state and federal courts. The lack of suc- 
cess of state control of liquor selling was large- 
ly due to bad management superinduced by po- 
litical influences. The dispensary law remained 
a bone of political contention throughout its 
life, and > the offices created under the system 
were parceled out as a reward for political 
services. The turbulent conditions of South 
Carolina politics made enforcement of the law 
exceedingly difficult; yet for a time' the system 
achieved a distinct success which was reflected, 
among other things, in the very marked falling 
off in arrests for drunkenness in the urban 
communities. As a source of revenue the dis- 
pensary system surpassed expectations. It was 
exceedingly profitable both to the states and 
the counties, but this proved one of the causes 
of its downfall. 

The constitutional convention of South Caro- 
lina, in 1905, framed an article on intoxicating 
liquors leaving it optional with the legislature 
to continue the dispensary system, or to pass 
a prohibitory law, or to grant licenses for the 
sale of liquor in packages, not to be consumed 
on the premises. Taking advantage of this 
provision, the legislature in 1909 adopted a pro- 
hibition measure with the privilege of a ref- 
erendum in counties having dispensaries. Of 
these counties (22 in all), sixteen voted to 
abolish the dispensary system and six to retain 
it. Twenty were already "dry" under local 
option elections. A new amendment of the 
constitution would be required in order to 
permit South Carolina to return to an ordi- 
nary saloon system ; lut the last elections f ore- 
shadowed a possible change in the prohibitory 
act whereby "a majority of the white citizens 
of any county" may be permitted to adopt a 
restricted license system. In the states of Ala- 
bama, Georgia, and North Carolina, the dis- 
pensary system was in operation locally until 
wiped out of existence by the passage of pro- 
hibition laws. 

See Monopolies; Prohibition; and under 
Liquor. 

References: E. R. L. Gould, Gothenburg Sys- 
tem of Liquor Traffic (1893), Popular Control 
of the Liquor Traffic (1895) ; Massachusetts 
Commissioners, Report on the Norwegian Sys- 
tem, 1894; J. Rowntree and A. Sherwell, Pub- 
lic Control of the Liquor Traffic (1903), Tem- 
perance Problem and Social Reform (1900), 
ch. viii. John Koren. 

LITTLE GIANT. A popular sobriquet of 
Stephen A. Douglas {see) bestowed upon him 
at the time of his first political speech in Illi- 
nois, in 1834, by his ardent admirers. It gained 
universal acceptance as a recognition of his 
force and energy. 0. C. H. 



360 



LITTLE MAC— LIVING WAGE 



LITTLE MAC. A nickname given to General 
George B. McClellan by his soldiers. It became 
politically conspicuous during the campaign of 
1864, when McClellan was the Democratic pres- 
idential candidate. See Democratic Party, 

0. C. H. 

LITTLE MAGICIAN. A nickname of Mar- 
tin Van Buren (see) bestowed because of the 
adroitness he displayed in political manage- 
ment. 0. G. H. 

LITTLE PHIL. A nickname given to Gen- 
eral Philip H. Sheridan by the soldiers under 
his command in the Civil War, as an expres- 
sion of their affection for him. 0. C. H. 

LIVE STOCK LEGISLATION AND ADMIN- 
ISTRATION. Important among the federal 
laws dealing with live stock are: (1) act of 
May 29, 1884, establishing the Bureau of Ani- 
mal Industry; (2) act of March 3, 1905, pro- 
viding for quarantine districts where communi- 
cable diseases exist among animals; (3) act 
of June 29, 1906 (twenty-eight hour law), pro- 
viding that animals in interstate transit shall 
not be confined for a period longer than twenty- 
eight consecutive hours without being unloaded 
for rest, feed and water ; ( 4 ) meat . inspection 
amendment of June 30, 1906, providing for 
inspection before slaughtering of all animals 
the meat of which is intended for interstate 
or foreign commerce. Many states have en- 
acted similar laws. The administration of such 
laws is intrusted largely to the Department of 
Agriculture in which: (1) the board of ani- 
mal industry supervises the inspection of ani- 
mals connected with interstate, import or ex- 
port business, cooperates with the forest serv- 
ice and state governments in the eradication of 
communicable diseases, and investigates breed- 
ing and feeding of live stock; (2) the solicitor 
(since 1905) assists in the prosecution of per- 
sons violating the above laws. See Agricul- 
ture, Eelations of Government to; Health, 
Public, Eegulation of. References: U. S. 
Secy, of Agriculture, Annual Reports; Depart- 
ment of Agriculture, Year Book (1911 to 
date). O. C. H. 

LIVINGSTON, EDWARD. Edward Living- 
ston (1764-1836) was born at Clermont, N. 
Y., May 26, 1764. He was admitted to the bar 
in 1785, and soon rose to leadership. From 
1795 to 1801 he was a Republican Representa- 
tive in Congress; and it was he who intro- 
duced the resolution calling upon Washington 
for a copy of Jay's instructions in regard to 
the treaty of 1794. From 1801 to 1803 he was 
United States district attorney for the district 
of New York, and at the same time mayor of 
New York City. The dishonesty of an agent 
brought him heavily into debt to the United 
States; and in 1803 he resigned his offices, 
turned over his property to satisfy the judg- 



ment which he had confessed, and removed to 
New Orleans. There he mastered the intricate 
law of the province, and drew up a code of 
procedure which was adopted in 1805. He was 
a member of the Louisiana house in 1820, and 
from 1822 to 1829 was a Representative in Con- 
gress. He prepared for Louisiana both civil 
and criminal codes, the latter of which, though 
not formally adopted, powerfully influenced 
criminal procedure in America and Europe. 
His debt to the United States was paid in 1826. 
From 1829 to 1831 he was United States Sen- 
ator from Louisiana, Secretary of State 1831- 
33 (writing, it is believed, most of Jackson's 
proclamation to South Carolina), and, from 
1833 to 1835, minister to France. He died at 
Rhinebeck, N. Y., May 23, 1836. References: C. 
H. Hunt, Life of Edward Livingston (1864) ; 
DeA. S. Alexander, Pol. Hist, of the State of 
N. Y. (1906), I, W. MacD. 

LIVINGSTON, ROBERT R. Robert R. Liv- 
ingston (1746-1813) was born at New York 
City, November 27, 1746. In 1773 he was ad- 
mitted to the bar, and for a short time prac- 
ticed in partnership with John Jay. From 
1773 to 1775 he was recorder of New York 
City, and in 1775 was elected to the assembly. 
In the same year he was chosen a delegate to 
the Continental Congress, where he was a mem- 
ber of the committee which drafted the Decla- 
ration of Independence. He was also a member 
of the New York constitutional convention of 
1777, and of the ratifying convention. He was 
then appointed chancellor, an office which he re- 
tained until 1801. From 1779 to 1781 he was 
again a member of Congress, and from 1781 
to 1783 secretary of foreign affairs under the 
Confederation. In 1788 he presided over the 
New York convention which ratified the Federal 
Constitution, and in the same year was ap- 
pointed minister to France, in which position 
he was the principal negotiator of the Louisi- 
ana purchase. He resigned in 1805, and on his 
return to the United States interested himself 
in Fulton's plans for steamboat navigation; in 
this connection obtaining from the legislature, 
for himself and Fulton, exclusive privileges for 
steamboat navigation in New York waters, 
afterwards set aside by the Supreme Court in 
Gibbons vs. Ogden (9 Wheaton 1). He died at 
Clermont, N. Y., February 26, 1813. See Con- 
tinental Congress; New York. References: 
E. B. Livingston, The Livingstons of Livingston 
Manor (1910); DeA. S. Alexander, Pol. Hist, 
of the State of N. Y. (1906), I. W. MacD. 

LIVING WAGE. A living wage is one which 
enables a workman to maintain his efficiency, 
to support his family at his standard of living, 
and to lay by a sum sufficient to live without 
labor In old age. See Cost of Living; Fair 
Wage; Labor, Protection to; Wages, Regu- 
lation of. Reference: S. Nearing, Social Ad- 
justment (1911), 80-82. J. R. C. 



861 



LOAN ASSOCIATION vs. TOPEKA— LOBBY 



LOAN ASSOCIATION vs. TOPEKA. In an 

action brought in a federal court to enforce the 
payment of bonds issued by the city of Topeka, 
by way of donation to a manufacturing enter- 
prise under authority of a state statute author- 
izing cities to encourage the establishment of 
manufactories in such cities by appropriations 
to such enterprises of money from the general 
funds or by issuance of bonds as the city 
council might determine, it was contended for 
the city, by way of defense, that it was beyond 
the power of the legislature to take the prop- 
erty of its citizens under the guise of taxation 
to aid enterprises not of a public character, 
and that, in general, to levy taxes not having 
a public purpose was beyond the scope of the 
power of taxation. On appeal the Supreme 
Court of the United States, in 1874 (20 Wall. 
655) sustained the lower court in holding that 
the bonds were void and unenforceable. It is 
conceded that the legislative discretion is un- 
limited as to the manner or extent of the ex- 
ercise of the taxing power (subject, of course, 
to general constitutional limitations) ; but it is 
held that to authorize the exaction of a con- 
tribution in aid of purposes essentially private 
is not within the taxing power or any other 
legitimate power of the legislative department 
of government under our constitutional system, 
and is practically equivalent to the taking of 
the property of one person in order to give it 
to another. A distinction is drawn between 
public purposes which may result incidentally 
in private benefit, such as the construction of 
railroads by private corporations under legis- 
lative authority, and private purposes which 
may result incidentally in some advantage to 
the people of the locality in which the private 
enterprise is to be carried on. See Public 
Use; Taxation. Reference: T. M. Cooley, Con- 
stitutional Limitations (7th ed., 1903), 704, 
705. E. McC. 

LOANS AND CURRENCY, DIVISION OF. 

The Division of Loans and Currency is one of 
the divisions of the United States Treasury De- 
partment (see). This division exercises a cer- 
tain supervision over the issue of bonds and 
matters affecting the currency (see). Refer- 
ences: Secretary of the Treasury, Annual Re- 
port; J. A. Fairlie, National Administration of 
the U. 8. (1905), 123-129. A. N. H. 

LOBBY. Definition.— The lobby is named 
from the passages surrounding or adjacent to 
the halls of legislation. In general the lobby 
includes all persons who frequent legislative 
halls for the purpose of influencing legislation. 
Mere specifically it denotes a distinct class of 
adjunct lawmakers, sometimes called "the third 
chamber," under the pay of persons, societies or 
corporations interested — the body of profession- 
al lobbyists. This use of the word, though not 
the fact designated by it, is almost wholly con- 
fined to American politics. 



Reasons for Lobbying. — Lobbying is carried 
on from a variety of motives. In some of its 
phases it implies no discredit, but is highly 
commendable. Good citizens become interested 
in measures of reform. They agitate the mat- 
ter, seeking to win favor for their cause in 
many and various ways, since men are open to 
a great diversity of influences. They reach some 
in private conversation; they hold public meet- 
ings, argue their question, pass resolutions, 
write to members of Congress, appoint commit- 
tees to visit the legislature — all without a sug- 
gestion of appeal to ignoble motives. Action of 
this kind proved effective in respect to the bill 
for an international copyright. For many years 
the public conscience was scandalized by the 
piracy of literary property belonging to foreign 
authors by unprincipled publishers; At last a 
strong lobby was organized against it and Con- 
gress was induced by the outside pressure 
brought to bear to enact laws removing the 
occasion for scandal. Educators secure reforms 
by visiting the legislature and exerting person- 
al influence upon the members. Temperance 
societies have salaried officers, one of whose du- 
ties is to "lobby" for the desired reforms. The 
advocates of child labor reforms prepare bills 
and watch their passage through the legisature. 
Such lobbying is increasing. All classes of 
good citizens are urged to watch their law- 
makers; to take account of their votes; to 
encourage their own representatives to support 
measures for the good of the state. A closer 
relation is being established between the legis- 
lature and universities, colleges and all schools. 
In Wisconsin an official organic connection has 
been established between the legislature and the 
state university, and the legislative reference 
department (see Legislative Reference Bu- 
reau) fulfills on behalf of the public many of 
the duties formerly performed by the "third 
chamber" on behalf of the corporations. The 
citizens of California, having for a generation 
suffered many things at the hands of corpora- 
tion lobbies, have organized a "people's lobby" 
whose business it is to attend the sessions of 
the assembly and observe the conduct of the 
lawmakers in the interest of the public. So 
prominent and influential have become the lob- 
bies for reform that in many cases the corrup- 
ters of legislatures have been driven to surren- 
der or resort to more secret methods (see Pub- 
lic Opinion and Popular Control). 

The lobby, however, originated in America 
not for the promotion of reforms but on behalf 
of the ownership of property. It is law that 
gives value to property. A slight change in 
a law may have tremendous effect upon the 
value of certain classes of property. Changes 
in the tariff duties, in banking laws, in the 
currency laws, in pension laws, in mail con- 
tracts, in railway laws, in land laws, may vast- 
ly enhance or diminish the worth of a man's 
or a company's property, may add to or take 
from the income of great numbers of the people. 



362 



LOCAL BOARDS— LOCAL GOVERNMENT AND THE STATES 



Men whose financial interests are liable to be 
affected by legislation will inevitably seek to 
influence the lawmakers. They employ attor- 
neys to argue their cases before committees. 
They gather statistics and present facts in 
their favor. They draft bills and secure their 
introduction. They may at the same time ap- 
peal to the public for support. These methods 
of procedure are not different from those of 
the reformers' lobby. Thus citizens have a 
right to strive to influence legislation in the in- 
terest of property. So long as the appeal is open 
and public, and is addressed to the reason of 
the lawmaker, it is legitimate. But it has come 
to pass that a very large part of the lobbying 
in the interest of property is of an entirely 
different character. Professional lobbyists are 
employed who are masters of every form of 
secret influence upon human weakness and 
skilled in the manufacture of an ignorant pub- 
lic sentiment to support their ends. They know 
a thousand ways of gaining votes or winning 
approval besides the payment of cash. But 
the corrupt lobbyist will pay the money if he 
must, though in general he attains his results 
through more refined forms of corruption. In 
1913, public attention was focused on this 
form of lobbying in connection with the re- 
vision of the tariff by some very plain speak- 
ing' on the part of the President. 

Restriction of Lobbying. — Since legitimate 
lobbying for the good of the state or in the in- 
terest of property is so closely related in ap- 
pearance to corrupt lobbying for robbery of the 
public, efforts to correct the abuse by legal 
process meet with many obstacles. Courts have 
upheld the right of citizens and corporations to 
employ attorneys to gather statistics, draft 
bills and argue their cases before legislatures 
and committees. Yet a contract to pay for per- 
sonal solicitation in support of a measure is 
held illegal as being contrary to public policy. 
The secretary of the Temperance Alliance under 
contract as a promoter of temperance legisla- 
tion probably could not enforce his contract 
unless there was statutory recognition of such 
an agency. Massachusetts requires all employed 
lobbyists to be registered. A registered agent 



could probably enforce his contract. A Wis- 
consin law discriminates between those who 
lobby in the interest of property and financial 
gain and others, and places a number of re- 
strictions upon the former class. Legislation 
forbidding all lobbying or personal solicitation 
of members of the legislature seems to have the 
effect of deterring good citizens from the per- 
formance of their duty, and of leaving a clear 
field for the corruptors of the legislature. The 
work of the latter is not confined to the lobby. 
Indeed, the surrounding of legislative halls 
with professional lobbyists of both sexes is now 
condemned by the more skillful as crude and in- 
effective. By definition the lobby is outside 
of the legislature. It is an added chamber, and 
as such is exposed to public gaze. The later 
and more successful method is to use the party 
machine itself, to make the would-be lobbyist 
a member of the legislature and organize the 
"Third Chamber" within the legislature. 
Trained supporters of the party boss may then 
hold the balance of power within the lawmak- 
ing body. In such a legislature a wink or a 
nod or some sign which entirely escapes public 
notice may direct official action. 

See Bribery in Legislative Bodies; Con- 
gress; Corruption, Legislative; Influence 
in Government; Legislature and Legisla- 
tive Reform; State Legislature. 

References: M. A. Schafner, "Lobbying" in 
Wisconsin Library Commission, Comparative 
Legislation Bulletin, No. 2 (1906) ; P. S. 
Reinsch, Am. Legislatures and Legislative 
Methods (1907), chs. viii, ix; M. Ostrogorski, 
Democracy and Political Parties (1902), II, 
182-196; C. A. Beard, Readings in Am. Gov- 
ernment and Politics (1911), 482-484. 

Jesse Macy. 

LOCAL BOARDS. See Appointments to Of- 
fice; Commissions in American Govern- 
ment; County Commissioners; County Gov- 
ernment; Educational Administration; Ex- 
ecutive and Executive Reform in the Amer- 
ican System; Public Works, National, 
State and Municipal; Police Commissions 
and Commissioners. 



LOCAL GOVERNMENT AND THE STATES. 



Local government in the United States is 
regulated by each of the several states and ter- 
ritories, subject to practically no control by 
the National Government. The latter is repre- 
sented throughout the county by local officials, 
such as revenue collectors and postmasters; 
but these are distinctly agents for the adminis- 
tration of national affairs, and are considered 
as exercising no powers of local government. 

Legislative Authority. — As between the 
states and the local authorities there is a 



72 



363 



sharp contrast between legal theory and the 
practical administration of public affairs. As 
a matter of legal power, each state has almost 
complete authority to establish, modify and 
abolish local governments and determine their 
powers. Under most of the state constitutions, 
the state legislatures are limited by some con- 
stitutional provisions ; but in the main, the 
legislatures have authority to determine the 
powers and functions of local officers. At the 
same time, the laws relating to local govern- 



LOCAL GOVERNMENT AND THE STATES 



ment provide for the election of local officials, 
who are charged not only with the administra- 
tion of distinctly local affairs, but also with 
the execution of state laws of the most general 
character. 

This regime of legislative centralization and 
administrative decentralization developed from 
the colonial period; and reached its maximum 
about the middle of the nineteenth century. 
Since then, there have been some counter tend- 
encies. The power of the legislatures has been 
limited to some extent; while in some branches 
of public administration, state officials have 
been established with powers of supervision 
over local authorities ; and in some fields a con- 
siderable amount of direct state administration 
has been introduced. 

Legislative Centralization. — In spite of these 
recent tendencies, the underlying legal prin- 
ciples consider local authorities as primarily 
agents of the state, with only such powers as 
have been specifically granted. Thus, it has 
been held by the Supreme Court of Ohio that: 

A county organization is created almost exclu- 
sively with a view to the policy of the state at 
large, for purposes of political organization and 
civil administration (Hamilton Co. vs. Mighels, 
7 Ohio State 109, 119). 

To the same purport, Justice Gray (a New 
England man ) , in an opinion of the Supreme 
Court of the United States, asserted that : 

Towns in Connecticut as in the other New 
England States, are territorial corporations, into 
which the state is divided by the legislature, from 
time to time, at its discretion, for political pur- 
poses and the convenient administration of govern- 
ment ; they have those powers only which have 
been expressly conferred upon them by statute, 
or which are necessary for conducting municipal 
affairs (Bloomfleld vs. Charter Oak Bank, 121 
V. 8. 129). 

State Functions Performed by Localities. — 
The legal supremacy of the state finds its for- 
mal expression in the detailed statutory legisla- 
tion providing for the machinery of local gov- 
ernment and regulating minutely the powers 
and duties of the local officials. Much of the 
work of these officials has to do with the exe- 
cution and enforcement of general state laws 
for the administration of justice, the preserva- 
tion of public safety and health, the provision 
of public roads, the relief of the poor and the 
assessment and collection of taxes. Moreover 
the state legislation makes no clear distinction 
between the state and the local functions of 
local officials; although such a distinction is 
recognized somewhat vaguely, in judicial de- 
cisions in cases regarding property rights and 
the liability of local corporations for damages 
due to negligence. Still further, by means of 
special acts for particular communities, the 
power of the legislature has been frequently 
exercised so as to regulate the minor details 
of strictly local affairs. 

Limitations on Legislative Control. — The 
evils of special legislation and legislative con- 
trol of local affairs have led many of the states 



to adopt constitutional provisions intended to 
limit the power of the legislature. As early 
as 1851 the constitution of Ohio prohibited 
special legislation on a number of subjects; and 
in most of the states, special legislation on 
local government is prohibited or restricted. 
Many state constitutions provide for the local 
election of county officers; and a number limit 
the power of the legislature to create counties 
or change county seats. In several states fran- 
chises in the public streets may not be granted 
without the consent of the local authorities; 
and in a few taxes for local purposes can only 
be levied by corporate authorities. In half 
a dozen states — Missouri, California, Washing- 
ton, Minnesota, Michigan and Ohio — the con- 
stitutions give cities the power to frame, 
adopt and amend their own charters. 

These constitutional provisions have served 
in some degree to limit legislative control of 
local government, especially in the more strict- 
ly local affairs. But they do not take away 
the power of the legislature to enact general 
laws, regulating the functions of local authori- 
ties. 

State Supervision. — Along with legislative 
centralization, the active administration of 
both general state laws and local functions has 
been decentralized to an excessive degree. 
Locally elected county, town and city officials 
have been entrusted with the execution of the 
most important general laws, as well as the 
management of affairs of local interest; and 
these local officials have been subject to no 
administrative supervision and are still for 
the most part free from any effective state con- 
trol. 

Under the regime of almost complete admin- 
istrative decentralization, the chief means for 
exercising supervision over local officials was, 
as it had been in England, through the judicial 
courts. Here, by means of ordinary civil and 
criminal suits, or by special remedies, such as 
writs of injunction, mandamus, certiorari, 
habeas corpus and quo warranto, local officials 
could be compelled to carry out the express 
provisions of the statutes or could be penalized 
for their defaults. In England, with a central- 
ized judicial system, this method of state sup- 
ervision was, perhaps, moderately successful at 
a time when the whole scope of local adminis- 
tration was limited. But in the United States, 
where the judicial administration has also been 
decentralized, and especially since the expan- 
sion of public functions, the judicial control 
has proven clearly inadequate. 

Mainly since 1850, there has been established 
a small degree of supervision of local author- 
ities by state officials in the fields of education, 
charities, public health and finances. Half a 
dozen states had state school officials by 1840; 
and by 1860, such officers had been provided in 
all the northern and two of the southern states. 
The first state board of charities was organized 
by Massachusetts in 1863, and the first state 



364 



LOCAL GOVERNMENT IN ENGLAND 



board of health by the same state in 1860; and 
such boards are now formed in most of the 
states. Nearly all the states now have state 
boards of equalization; about twenty states 
have state tax commissioners (established since 
1890) with more effective powers over the 
assessment of property for taxation; and in 
Ohio and several other states there is now a 
state audit of local accounts. In these and 
other lines, there has also been developed a 
considerable amount of direct state administra- 
tion, such as state educational, charitable and 
correctional institutions, state factory, mine 
and food inspectors, state banking and insur- 
ance officials and state railroad and public 
service commissioners. Pennsylvania has estab- 
lished a force of state police (see Constabu- 
lary). 

These tendencies towards a more centralized 
administration are significant changes from the 
earlier regime. But the development has been 
much less than in England during the past 
100 years, or than that in the countries of 
continental Europe. There is need for correlat- 
ing the movements for the limitation of legis- 
lative control over local affairs and for the 
development of state administrative supervision 
into a more coherent policy. 

See Centralization; County Government; 
Districts, Rural Administrative; Local 
Self-Go vernment; Popular Government; 
Towns and Townships. 

References: F. J. Goodnow, Administrative 
Law of the V. 8. (1905), 162-178; J. A. Fair- 
lie, Local Government in Counties, Toivns and 
Villages (1906), IV. John A. Fairlie. 

LOCAL GOVERNMENT IN ENGLAND. The 
areas of local government in England and 
Wales are: (1) the administrative county; 
(2) the borough; (3) the urban district; (4) 
the rural district; (5) the parish. In addi- 
tion, the poor law union, which is a group of 
parishes, exists as the unit of public poor- 
relief administration. 

County. — There are 62 administrative coun- 
ties, conforming in boundaries for the most 
part to the historical shires. Each county 
has an elective county council which has direct 
charge of many general matters, and exercises 
a certain amount of supervision over the work 
of subsidiary authorities within the county 
( see County Council in Great Britain ) . 

Borough. — There are two kinds of boroughs, 
the county borough and the municipal borough. 
Both are alike in that they owe their legal 
existence to a borough charter granted by 
the crown under the provisions of the Mu- 
nicipal Corporations Act of 1882 (45 and 46 
Victoria, c. 50). They differ in that a county 
borough is not in any way subject to the 
jurisdiction of the county council and is not 
represented in this body. There are about 
350 boroughs in England and Wales, and of 
these about one-fifth — mainly places of more 



than 50,000 population — are county boroughs. 
The governing body of the borough, whether 
county or municipal, is the borough council, 
which consists of a mayor, aldermen, and coun- 
cillors sitting together. The councillors are 
elected, either at large or by wards, for a 
three-year term, and one-third retire annually. 
The councillors elect for a six-year term a 
number of aldermen equal to one-third of the 
number of councillors. The councillors and 
aldermen together elect a mayor for a single 
year. The borough council has extensive pow- 
ers in such matters as appointing town officers, 
the supervision of police and fire protection, 
sanitation, highways, education, and other mu- 
nicipal departments as well as in the provision 
of public utilities {see Borough Council in 
England). 

The term "city" is applied only to a small 
number of boroughs, some large and some 
small, some ancient and some modern, which 
are or have been the seats of bishops or arch- 
bishops — e. g., York, Westminster, and Oxford 
— or which have been granted the title by royal 
patent — e. g., Leeds and Sheffield. 

Urban District. — This differs from the bor- 
ough mainly in that it does not possess a 
charter. It may be more extensive in area 
and more populous than a borough. Its gov- 
erning body is an elective council which con- 
tains no aldermen and elects no mayor. This 
council has powers somewhat less extensive 
than that of the borough {see Urban District 
Council). 

Rural District. — The rural district is a group 
of parishes joined together chiefly for common 
effort in road and sanitary administration. 
Its affairs are in charge of an elective council 
which is under the general supervision of the 
county authorities {see Rural District Coun- 
cil). 

Parish. — There are two types of parish, 
the urban and the rural. Of both types there 
are in England and Wales about 15,000. Every 
parish, whether urban or rural, has a board 
known as the vestry, an elective body with 
powers which are now confined almost exclu- 
sively to ecclesiastical affairs (see Parish 
Vestry). Rural parishes have in addition a 
parish council, the members of which are elect- 
ed by the voters of the parish, and this body 
exercises various powers of a local character 
(see Parish Council). The poor law union 
is a special area comprising a number of par- 
ishes. It is not necessarily identical in area 
with any of the foregoing administrative units, 
and exists only for the local administration of 
the national laws relating to public poor relief. 
Its local authority is an elective board of 
guardians (see Poor Law Guardians in Eng- 
land). 

London. — The metropolis, London, forms an 
administrative county with a county council 
which has a special organization and powers 
(see London County Council). Within the 



365 



LOCAL OPTION AND LIQUOR SELLING— LOCAL OPTION IN LOCAL GOVERNMENT 



county of London are twenty-eight municipal 
boroughs, each with its mayor, aldermen and 
councillors; and within each borough are a 
number of urban parishes each with its own 
vestry. 

See Borough Council in England; Parish 
Council; Parish Vestry; Rural District 
Council. 

References: S. and B. Webb, English Local 
Government (1904-1908); J. Redlich and F. 
W. Hirst, Local Government in England 
(1903) ; W. B. Odgers, English Local Govern- 
ment (1901) ; P. W. L. Ashley, Local and Cen- 
tral Government (1906) ; W. B. Munro, Gov- 
ernment of European Cities (1909), ch. iii; 
Local Government Manual (published an- 
nually). William Bennett Munro. 

LOCAL OPTION AND LIQUOR SELLING. 

Principle. — Although the principle of local op- 
tion is by no means new, it has won general 
recognition only within a quarter of a century, 
and the most notable activity in securing local 
prohibition by popular vote and enforcing it 
has occurred within the last decade. Massa- 
chusetts was probably the first state to give 
the local option principle recognition in its 
liquor laws (1868), but did not permanently 
commit itself to it until 1881. 

In Massachusetts, as well as in other states, 
local option was at the outset regarded as 
adapted only to the needs of rural communities, 
small towns, and suburban municipalities ad- 
jacent to some larger territory under license. 
The privilege was exercised accordingly. With- 
in recent years, however, strenuous effort has 
been made to bring large centers of population 
under prohibition by means of larger units in 
local option elections, chiefly counties. 

Application. — The methods of applying local 
option vary greatly and determine more or less 
the extent of the territory brought under their 
operation. In general it may be secured in 
two ways: (1) by direct popular vote appli- 
cable to all localities; (2) by direct popular 
vote applicable to special localities or rural 
districts only. There are, in addition, two in- 
direct methods of securing local prohibition: 
(1) through discretionary powers vested in 
city councils and other popularly elected bodies 
(county boards, selectmen, etc.) ; (2) through 
the right to veto by remonstrance and 
by enactments requiring the consent of legal 
voters, freeholders, abutters, etc. 

The following states are without direct or 
indirect local option laws: Nevada, New Jer- 
sey, New Mexico, Pennsylvania, Utah (saloons 
may be closed by local decree of city councils 
and county boards), West Virginia, Wyoming. 
In the remaining states, the units in local op- 
tion elections (those marked with a star exer- 
cise an indirect veto only) are: 



Counties: Delaware, Florida, Michigan, Mary- 
land, Montana, Iowa, Idaho, Ohio, Arkansas, South 
Carolina (counties with dispensaries). 



Counties or sub-divisions of Counties: Arizona, 
* California, Delaware, Kentucky, Oregon, Louisi- 
ana, Indiana, Missouri, Texas, Virginia, Washing- 
ton. 

Townships: Connecticut, Rhode Island, Vermont, 
New York (rural). 

Municipalities and Townships or Towns: Massa- 
chusetts, New Hampshire, Minnesota, *Nebraska 
Wisconsin. 

Municipalities and Precincts: Colorado (wards 
and precincts), South Dakota. 

Townships, Municipalities and Precincts: Illinois. 

Extent of Dry Territory.— Statements in re- 
gard to the area in square miles of the terri- 
tory made "dry" through local option, the 
proportion of the total population living in 
the same, the number of "dry" and "wet" coun- 
ties, are utterly deceptive as a measure of what 
local option accomplishes. Aside from the 
primary question of the extent to which local 
prohibition is enforced, the readiness of people 
to vote their own locality "dry" depends, fre- 
quently, upon the opportunity to purchase 
liquor in adjacent territory under license. The 
privilege of local option is, however, exercised 
over a very large portion of the United States, 
but chiefly in rural or semi-rural communities. 
That it has demonstrated its usefulness is uni- 
versally conceded. The degree of completeness 
with which local prohibition is enforced varies 
greatly and depends generally upon the char- 
acter of the locality affected and its geographic 
relation to territory under license. By means 
of local option large rural areas and many 
small towns have permanently excluded the 
liquor traffic. 

One result of local option is the growing 
recognition of the saloon question as purely 
a city problem. The value of local option as 
applied to larger urban communities has not 
been established, except in suburban cities that 
find a safety valve in some nearby place under 
license. In many cities, the policy on the 
license question changes too frequently to 
permit a fair test. Local option is one of 
the most cherished principles developed in 
American liquor legislation; but its rightful 
exercise is more or less hampered by imperfect 
laws. 

See under Liquor. 

References: A. F. Acton, Local Option in 
Massachusetts (1911); U. S. Brewers' Asso- 
ciation, Yearoook, 1910. John Koren. 

LOCAL OPTION IN LOCAL GOVERNMENT. 

A phrase applying to the legislative power 
delegated by the state through either consti- 
tutional provisions or legislative enactments 
to localities to make their own decisions on 
such subjects as are assigned. Since local gov- 
ernments are considered, in American law, as 
creatures of the state, all their powers are 
derived from the state. Important among the 
topics thus assigned are: issue of bonds for 
local purposes ; the right to prescribe their own 
method of taxation (as applied to Oregon 
counties, 1911) ; choice between forms of local 
government; alteration of local boundaries; 



366 



LOCAL OPTION SYSTEM— LOCAL SELF-GOVERNMENT 



the right in some states to make and amend 
municipal charters; choice of methods of vot- 
ing (for instance the adoption of the voting 
machine by counties in Indiana) ; the manu- 
facture and sale of intoxicating liquors. It is 
with reference to the last topic that the term 
is most commonly used. A majority of the 
states have some form of liquor option. The 
details vary widely among the several states. 
The more usual are county, township, precinct, 
city, ward and residence district options. See 
County Government; County Peecinct Sys- 
tem; Town-County System; Towns and 
Townships. References: J. A. Fairlie, Local 
Government (1906) ; Anti-Saloon League, Year 
Book; Am. Year Book, 1910, 408-410, ibid 1911, 
338-342, ibid, 1912, 394-397. 0. C H. 

LOCAL OPTION SYSTEM. In several 
American states the organization of township 
government is optional with each county. This 
option system was first authorized in Illinois in 
1822. At first local government in this state was 
organized under the county system, but with 
the settlement of the northern part of the 
state, there arose a demand for the establish- 
ment of townships; and this was provided for 
by the constitution of 1848. All but 17 of the 
102 counties in Illinois have organized town- 
ships. 

Later, the optional system was authorized in 
Missouri, Nebraska, and North and South Da- 
kota. In Missouri the constitution of 1875 
authorized township government, at the option 
of each county; and 33 counties have adopted 
the township system; and it is now in force in 
20 counties. These are located in the northern 
and western parts of the state, near Iowa and 
Kansas. In Nebraska the constitution of 1875 
authorized the organization of townships by 
county option; but not until 1883 was a legis- 
lative act passed to carry out the constitutional 
provision. About a fourth of the counties in 
the eastern part of the state have established 
township government; but some of the most 
populous counties, settled largely from New 
England and the middle states, have failed 
to establish township government. In the Da- 
kotas, townships in some counties are organ- 
ized only for school purposes. A law author- 
izing counties to establish townships was also 
passed by the state of Washington in 1895. 

See County Government; County Pre- 
cinct System; Town-County System. 

References: G. E. Howard, Local Constitu- 
tional Hist. (1889), 144-147, 151, 152; Albert 
Shaw, Local Government in Illinois (1883). 
John A. Fairlie. 

LOCAL SELF-GOVERNMENT. The term 
"local self-government" has different meanings 
in different political systems — meanings which 
have resulted from the historical development 
of the systems in connection with which the 
term is used. Like most terms of administra- 



tive law, local self-government has one mean- 
ing in England and the United States on the 
one hand, and another meaning in continental 
Europe on the other hand. 

Anglo-American Conception. — English, and to 
a large extent American, local self-government 
is conceived of as meaning only the power of 
each local district recognized by the law to 
select the officers who have jurisdiction within 
the district. Anglo-American local self-gov- 
ernment does not ordinarily include the power 
in the people of the local district to determine 
its sphere of competence as a governmental 
corporation, nor does it distinguish, so far as 
concerns the right of selecting what are called 
"local officers," between officers whose duties 
are of general concern and those whose duties 
are of local concern. The right of local self- 
government is regarded as recognized when all 
officers having local jurisdiction are selected 
by the people of the district, although the only 
powers of those officers are to execute laws in 
the framing of which the people of the district 
have participated only in so far as they acted as 
voters of the state as a whole. Furthermore 
local self-government is supposed to exist al- 
though the powers of the localities are all 
enumerated in great detail in the laws of the 
state, are narrow in extent and strictly con- 
strued, provided, however, that the right of 
electing local officers is granted. Local self- 
government in the Anglo-American sense is 
based on the two ideas of a great legislative 
centralization and a great administrative de- 
centralization of the state. The Anglo-Amer- 
ican conception of local self-government is due 
to the early development in England of a su- 
preme and sovereign legislative body, viz., Par- 
liament, and to the inability of the Crown, 
partly because of Parliament, to centralize in 
large measure the administrative system. 

Continental European Conception. — The con- 
tinental conception of local self-government 
which lays greater stress upon the power of 
local districts to determine their competence 
and fix the sphere of their activities than it 
does upon the uncontrolled right to elect the 
officers having jurisdiction within such dis- 
tricts, is due to the absence until comparatively 
recent times, of any central legislative author- 
ity apart from the Crown in any of the conti- 
nental states. In France, for example, a na- 
tional legislature developed only after the Rev- 
olution. In Prussia we do not find it until 
after the troubles of 1848. 

Comparisons. — For these reasons we find the 
most vigorous local corporations, i. e., the cit- 
ies, possessed of wider powers of determining 
local policy on the continent than in either 
England or the United States. On the con- 
tinent, for example, the general theory of the 
law is that cities have the power to act where 
they have not been directly or indirectly for- 
bidden to act. In England and particularly 
in the United States, on the other hand, the 



367 



LOCKE, JOHN— LOCO-FOCOS 



legal presumption is that cities may not act 
unless they have been directly or indirectly 
authorized by the law so to do. 

In England and the United States the enu- 
meration of the powers of local communities 
by the central legislature had the effect of 
vesting in that body a control over local action 
which was exercised through the passage of 
special legislation. This control was so ef- 
fective that it was believed to be unnecessary, 
in the interest of the state as a whole, to de- 
velop any other method of central control. 
While the central control over local communi- 
ties was thus, in England and the United 
States, originally a legislative control, on the 
continent the central control was administra- 
tive rather than legislative in character. For 
example, the Anglo-American law of municipal 
corporations hardly recognizes in a local cor- 
poration a right to borrow money. If it is 
desired by any city to borrow money, applica- 
tion has to be made to the legislature which 
grants the power by a special act. On the 
continent, however, the power of cities to bor- 
row money has for a long time been recognized, 
but its exercise has been dependent upon the 
consent of some state administrative authority. 

Recent Developments. — While originally the 
Anglo-American and the Continental law pre- 
sented opposed conceptions of local self-gov- 
ernment, the development of the last half cen- 
tury has had the result of causing these con- 
ceptions to resemble each other more than 
they once did. The Anglo-American law has 
recognized greater powers of control over local 
administrative acts in state administrative of- 
ficers, while the very general adoption of gen- 
eral municipal corporation laws and the very 
general prohibition of special legislation with 
regard to local corporations, which has been 
characteristic of the later American state con- 
stitutions, have enlarged the sphere of action 
recognized by the law as belonging to local 
corporations. On the other hand the recent 
administrative legislation of the continent has 
considerably curtailed the powers of super- 
vision over local corporations formerly pos- 
sessed by state administrative officers. At the 
same time it still may truthfully be said that 
the continental conception of local self-gov- 
ernment is characterized by legislative freedom 
and administrative dependence while Anglo- 
American local self-government is based upon 
a legislative centralization and an administra- 
tive decentralization of the state government. 

See County Government; Local Govern- 
ment in England; Towns and Townships; 
and under Municipal Government. 

References: J. Bryce, Am. Commonwealth, 
(4th ed., 1910), I, chs. xvii-li; J. A. Fairlie, 
Local Government ni Counties, Towns and Vil- 
lages (1906) ; B. E. Howard, Local Constitu- 
tional Hist, of U. 8. (1889) ; F. Lieber, Civil 
Liberty and Self -Government (F. D. Woolsey, 
Ed., 1891). Frank J. Goodnow. 



LOCKE, JOHN. See Political Theories 
of English Publicists; Social Compact 
Theory. 

LOCKOUTS. Lockouts are begun by the 
simultaneous dismissal of all of the workmen by 
one employer or a group of employers. Usual- 
ly an attempt immediately is made to reopen 
the plant with new workmen. Such attempts 
the old workmen resist by the methods 
employed in a strike. Lockouts do not 
differ in principle from strikes, except in 
the manner in which they are begun. Less 
than one lockout occurs for every twenty 
strikes. See Blacklisting; Boycotts; Em- 
ployers' Associations; Strikes. Reference: 
U. S. Commissioner of Labor, 21st Annual Re- 
port, 1900. J. R. C. 

LOCO-FOCOS. The popular name of the 
Equal Rights party {see), a faction of the 
early Democratic party in New York. The 
chief tenet of the party was at first opposition 
to monopoly, especially as represented by the 
United States bank {see Bank of United 
States, Second). The name had its origin in 
an incident which occurred at a meeting in 
Tammany Hall {see), New York City, on the 
evening of October 29, 1835. With a view to 
opposing the ticket which the Tammany leaders 
proposed to nominate, a large number of 
Equal Rights men went to the meeting only to 
find the hall in possession of their opponents. 
A struggle ensued, and the Tammany conting- 
ent withdrew, turning off the gas as they left. 
The Equal Rights men, however, had pro- 
vided themselves with candles and "loco-foco" 
matches, with which illumination the meeting 
proceeded. Resolutions were adopted denounc- 
ing monopolies, opposing the bank, favoring 
hard money, approving the policy of Jackson, 
and endorsing the nominations of the Demo- 
cratic convention at Baltimore. A state ticket 
was nominated, but was defeated in the elec- 
tion, although the nominee for Congress, 
Charles G. Ferris, received over 4,000 votes. 
Many of the Loco-Focos returned to their 
Democratic allegiance, but the radicals formed 
an independent organization, which, in 1836, 
nominated a city ticket. The ticket was de- 
feated, but the vote for it divided the city 
council between Tammany and the Whigs. 
September 15 a state convention, attended by 
93 delegates, met at Utica and nominated 
Isaac S. Smith for governor. Smith received 
3,496 votes, of which about 1,400 were from 
New York City; but the Loco-Foco support 
was in part responsible for the election of three 
members of Congress. A state ticket was 
again nominated in 1837, after which the Loco- 
Focos were absorbed by the Democrats. See 
Democratic Party. References: F. Byrdsall, 
Hist, of the Loco-Foco or Equal Rights Party 
(1842) ; J. A. Woodburn, Political Parties and 
Party Problems (1903), 138, W. MacD. 



368 



LODGE, HENRY CABOT— LOG ROLLING 



LODGE, HENRY CABOT. Henry Cabot 
Lodge (1850- ) was born at Boston, May 
12, 1850. From 1874 to 1876 be was assistant 
editor of tbe 'North American Review, and 
from 1875 to 1879 was lecturer on American 
colonial bistory at Harvard. In 1876 be was 
admitted to the bar. He entered politics in 
1880 as a Republican member of tbe Massa- 
chusetts house of representatives, as a member 
of the state central committee of the party, and 
as a delegate to the national convention at 
Chicago. He was a delegate to each succeeding 
national convention, and chairman in 1900 
and 1908. In 1887 he was elected to Congress, 
and held his seat in the House until 1893, when 
he was elected to the Senate, of which body he 
is still (1913) a member. In 1903 he was a 
member of the Alaskan boundary commission. 
His interest in history and literature, joined 
to his notable productivity as an author, 
earned him the title of "the scholar in poli- 
tics," and made him, for a time, a champion 
of civil service reform and other progressive 
policies; but with increased prominence came 
also increased partisanship, and he must now 
be classed as a reactionary supporter of the 
political machine. His best known publi- 
cations are bis lives of Washington, Hamilton, 
and Webster {American Statesmen Series, 
rev. ed., 1898), and Works of Hamilton (9 vols., 
1885). See Republican Party. References: 
Appleton's Annual Cyclopedia (1888-1901) ; 
H. C. Lodge, Speeches and Addresses, 1884- 
1909 ( 1909 ) ; F. B. Tracy, "Henry Cabot 
Lodge" in New Engl. Mag., XXXIII, 1905, 
299-306; F. W. Burrows, "Our Senior Sena- 
tor," in ibid, XLII, 1910, 610-614. 

W. MacD. 

LODGING HOUSES, PUBLIC. The term 
lodging house has two well-accepted meanings. 
It is a hotel where no food is furnished, patron- 
ized by men, generally of the homeless or out- 
of-work class, who are harbored for a single 
night, or for a week or less, who sleep either 
an small separate rooms, or in long dormitories 
with many beds placed side by side, sometimes 
even one above the other. The charges for a 
night's lodging range from five cents to fifty 
cents. The lodging house is generally provided 
with one large public room, provided with 
chairs and tables; it is also equipped with 
washrooms and toilets. 

Lodging houses are also houses where "lodg- 
ings" are let, i. e., boarding houses without 
meals. Here lodge both men and women, but 
chiefly single persons who hire rooms by the 
week. Rooms are small and scantily furnished, 
and are cared for by the proprietor. Houses of 
this kind are rarely especially built for the 
purpose but are, as a rule, former private 
residences which have deteriorated. 

Outside of New York City there has been 
little regulation of lodging houses. The New 
York law deals with fire escapes, light, venti- 



lation, sanitary conveniences, water supply, 
etc., and provides for semi-annual inspection. 
In some cities, buildings of this kind are 
licensed by the board of health which prescribes 
detailed regulations dealing chiefly with venti- 
lation, distance between beds, cleanliness and 
fumigation of bedding, medical inspection of 
inmates, reporting of contagious disease, etc. 
Buildings of this kind are in some states also 
subject to close control by boards of elections, 
who require complete lists of all guests 
registered during certain periods before elec- 
tion. Frequented by the degenerate and crimi- 
nal classes, and also, unfortunately, by honest 
men out of work, lodging houses of the best 
type are well recognized recruiting grounds for 
criminals. They have been aptly termed "nur- 
series of crime," and "hot-beds of disease," po- 
tent factors in the spread of tuberculosis and 
other contagious diseases. They have been but 
slightly controlled heretofore, as they are val- 
uable assets of the ward politician in the facil- 
ities they offer for colonization of voters. In a 
few cities "model" lodging houses have been 
built by philanthropic persons; these are best 
exemplified by the Mills Hotels of New York. 

See Building Laws ; Health, Public, Regu- 
lation of; Hotels and Lodging Houses, 
Regulation of; Municipal Housing; Tene- 
ment House Regulation. 

Reference: Greater New York Charter 
( 1906 ) , ch. xix. La whence Veillee. 

LOEB, WILLIAM, JR. William Loeb 

( 1866- ) was born at Albany, N. Y., 
October 9, 1866. He became an expert stenog- 
rapher, acting in this capacity to the New 
York assembly in 1888, to the state consti- 
tutional convention of 1894, and to the district 
attorney and grand jury of Albany county 
from 1895 to 1898; besides serving as secre- 
tary to various public officials. In 1899 he 
became stenographer and private secretary to 
Governor Roosevelt, continuing in the same 
capacity during the period of Mr. Roosevelt's 
vice-presidency. From 1901 to 1903 he was 
assistant secretary, and from 1903 to 1909 
secretary, to President Roosevelt, acquiring in 
these positions a wide acquaintance and 
marked political influence. In 1909 he was 
appointed collector of customs at the port 
of New York, which office he held until 1913. 
His rigid enforcement of the customs laws 
and regulations, particularly in the matter of 
personal baggage, evoked wide-spread criticism; 
but he kept within the law and materially 
diminished smuggling, and also unearthed ex- 
tensive frauds by importers. W. MacD. 



LOG CABIN CAMPAIGN. 

Campaign. 



See Hard Cideb 



369 



LOG ROLLING. An expression borrowed 
from frontier life or the lumber camp and 
applied to legislative bargaining or compacts 



LONDON COMPANY— LONDON COUNTY COUNCIL 



for mutual aid by which legislators seek to 
turn public money into their own districts or 
secure special concessions for themselves or 
their localities — used extensively in the United 
States Congress in appropriation and tariff 
legislation. Reference: C. A. Beard, Readings 
in Am. Government and Politics (1911), 269. 

O. C. H. 

LONDON COMPANY. The London Company 
was organized in London, in 1606, by certain 
gentlemen, knights and merchants for the pur- 
pose of planting an English colony on the 
eastern coast of North America south of 41° 
north latitude. The company was under the 
control of a council established in England. 
Jamestown in Virginia was settled by the com- 
pany, according to the requirements of the 
charter, in 1607. In 1609 and 1612 new 
charters were granted, establishing the com- 
pany as a corporation. The colony was under 
the dominion of the company and there was a 
local council and a governor appointed by the 
corporation. The colony was almost despotic- 
ally governed until 1619, when a representa- 
tive assembly was called in Virginia. In 1624 
the King annulled the charter of the company 
and its powers and interests reverted to the 
Crown. See Colonial Charters; Virginia. 
References: W. McDonald, Select Charters and 
other Documents ( 1899 ) , 1-23 ; L. Tyler, Eng- 
land in America (1904), chs. iii-v. W. E. D. 

LONDON COUNTY COUNCIL. Organiza- 
tion. — The London County Council is the chief 
local legislative and administrative authority 
for the administrative county of London. This 
administrative county was created by the Lon- 
don Government Act of 1888 (51-53 Victoria 
c. 41) ; it includes an area of about 118 
square miles, and contains a population of 
about five millions. The London County Coun- 
cil is composed of 118 councillors and 19 alder- 
men. The councillors are elected two from each 
of fifty-seven election districts and four from 
the old "city" of London. They are chosen 
triennially by the voters of the county, the 
qualifications for voting being similar to those 
existing in other English municipalities. The 
aldermen are chosen by the councillors, either 
from their own number or from outside, and 
the term of an alderman is six years. Both 
councillors and aldermen sit together in the one 
council, however, and they have, in this body, 
the same powers and privileges. The only dif- 
ferences are in the method of selection and term 
of office. The presiding officer of the London 
County Council is a chairman, selected by the 
Council from its own membership or from out- 
side. It also selects from its own ranks a vice- 
chairman and a deputy-chairman. These offi- 
cers, as well as both aldermen and councillors, 
serve without stipend. 

Elections. — Candidates for election to the 
Council are nominated by a nomination paper 



which must be signed by at least ten qualified 
voters; the elections are by secret ballot; and 
the ballots bear no party designations. The 
two local parties which figure most prominent- 
ly in the County Council elections are called 
Progressives and Reformers. These have their 
own local programs and the elections are 
fought out upon county issues. During the 
greater part of the period since 1888 the Pro- 
gressives have elected a majority of their can- 
didates to the Council. 

Powers Granted. — The powers of the London 
County Council are extensive. It has charge 
of main drainage and sewage disposal. It has 
supervision of the system of fire protection 
throughout the county. It provides for the; con- 
struction and improvement of all streets that 
are metropolitan in character, and maintains 
the Thames embankment and all the Thames 
bridges except those located within the "city" 
limits. The Council administers the building 
laws including all laws relating to the con- 
struction of tenement houses. The Act of 1890, 
commonly known as the Housing of the Work- 
ing Classes Act (53-54 Victoria c. 70) gave 
the Council power to clear congested portions 
of the territory under its jurisdiction and to 
provide for the erection and maintenance of 
workingmen's dwellings. The Council also 
has charge of the larger London parks and 
recreation grounds (except the royal parks). 
It has charge of the school system in the county 
and possesses special powers with respect to 
technical schools. Many minor functions have 
been also entrusted to it, as, for example, the 
licensing of places of amusement. 

Powers Withheld. — The Council has no ju- 
risdiction over the police of London: they are 
in charge of a commissioner whose authority 
extends over a metropolitan district which is 
much larger than the county. Water supply 
is in charge of the Metropolitan Water Board; 
lighting by gas is entrusted to private com- 
panies under the supervision of the Board of 
Trade, and lighting by electricity is in charge 
of the authorities of the twenty-eight boroughs 
which make up the county. These latter, like- 
wise, have to do with such other matters as 
street-cleaning and subsidiary drainage. Poor- 
relief is in the hands of the Boards of Guard- 
ians chosen by the voters of the various poor 
law unions. The navigation of the Thames is 
regulated by a special board called the Thames 
Conservancy. 

Efficiency. — For carrying on its work the 
Council has authority to levy local taxes or 
rates, and with the approval of Parliament or 
the Local Government Board may borrow 
money on the credit of the county. Since its 
establishment in 1888 the Council has con- 
structed many important public works, notably 
the Blackwall Tunnel, the Tower Bridge Ap- 
proaches, the Vauxhall Bridge, and the new 
King's Way. Most of its administrative work 
is carried on through standing committees, such 



370 



LONG AND SHORT HAUL— LORDS OF TRADE 



as the works committee, the education commit- 
tee, the highways committee and various 
others, each of which includes from ten to 
thirty members. 

See Bokotjgh Council in England; 
City and State; County Council in Gkeat 
Britain; Legislation and Legislative Prob- 
lems in Cities; Local Government in Eng- 
land; Urban District Council. 

References: London County Council, Annual 
Reports; Statistical Abstract for London (an- 
nual) ; G. L. Gomme, London County Coun- 
cil: its Duties and Powers (1899) ; A. L. 
Lowell, Government of England (1908), II, ch. 
xliii; W. B. Munro, Government of European 
Cities (1908), 340-379; G. L. Fox, "The Lon- 
don County Council" in Yale Review, IV, May, 
1895, 80. William Bennett Munro. 

LONG AND SHORT HAUL. This term takes 
its origin from Section 4 of the Act to Regu- 
late Commerce passed in 1887, which made it 
unlawful for any common carrier subject to 
the act to charge any greater compensation 
for a shorter than for a longer distance over 
the same line in the same direction, provided 
the circumstances of the shorter and longer 
services were substantially similar; and gave 
the Interstate Commerce Commission power 
to authorize a less charge for the longer dis- 
tance and to prescribe the extent of departure 
from the regular rule. 

It was the purpose of the section to pre- 
vent the place discriminations so extensively 
practiced at the time of the passage of the act. 
The Interstate Commerce Commission took the 
position that suspensions of the operation of 
the long and short haul clause were only to 
be made when competition at the long distance 
points was beyond the control of the railroads 
and the Commission, such, for example, as 
water competition or the competition of Cana- 
dian carriers. 

However, in 1897, the Supreme Court of the 
United States in I. C. C. vs. Alabama Midland 
Railway Co., et al. (168 U. S. 144) decided 
that competitive railroads at terminal points 
created those dissimilar circumstances that 
warranted a suspension of the clause; and 
furthermore, that if circumstances were sub- 
stantially dissimilar, the railroads were not 
in violation of the statute if they charged a 
less rate for a longer distance without permis- 
sion of the Commission. This robbed the 
clause of all vitality. 

It was amended in 1910, by eliminating the 
words "under substantially similar circum- 
stances and conditions." The effect of this 
amendment is to forbid absolutely the charg- 
ing of a less rate for a longer distance without 
the previous approval of the Commission. 

See Discrimination in Railroad Rates ; In- 
terstate Commerce and Cases. 

Reference: Quar, Jour. Econ., XXIV, 1910, 
597-601. Frank Haigh Dixon. 



LONG, JOHN DAVIS. John D. Long 
(1838- ) was born at Buckfield, Maine, Octo- 
ber 27, 1838. He was admitted to the bar in 1861, 
and after 1862 practiced at Boston. He entered 
the Massachusetts house of representatives as a 
Republican in 1875, and from 1876 to 1878 was 
speaker. In 1879 he was elected lieutenant- 
governor, and from 1880 to 1882 was governor. 
He was elected to Congress in 1882 and 
sat in the House of Representatives until 1889, 
declining further nomination. In 1884 he 
was a delegate to the Republican national con- 
vention at Chicago, where he nominated George 
F. Edmunds of Vermont for the presidency. In 
1897 he became Secretary of the Navy, resign- 
ing in 1902 to resume his law practice. The 
reorganization and expansion of the navy, be- 
gun under William C. Whitney in Cleveland's 
first administration (1885-1889), were con- 
tinued under him with notable energy and suc- 
cess, particularly after the impetus given to 
naval development by the war with Spain, in 
1898. He has written The Republican Party 
(1900), and The New American Navy (2 vols., 
1903). See Navy, Department of. Refer- 
ence: Secretary of the Navy, Annual Reports 
(1897-1902). W. MacD. 

LORDS OF TRADE. Before 1660 the coloni- 
al policy of England was directed either by the 
king, assisted by special committees of the 
privy council, or by parliamentary commissions. 
In 1660 Charles II established a dual system of 
control consisting of a committee of the privy 
council for foreign plantations, and a council 
of trade which was not confined to members of 
the privy council. In 1675 a new committee of 
twenty-four privy councillors was established 
which was known as the lords of trade. 

It was the duty of this body to gather all 
the information possible concerning the com- 
mercial and administrative affairs of the col- 
onies; and by its representation to advise the 
action of the privy council. Agents were sent 
to, and demanded from, the colonies, and fre- 
quent inquiries and despatches were addressed 
to them. The lords of trade drafted the proc- 
lamations of the King, the charters for the 
colonies, and commissions and instructions for 
the governors; they heard disputed cases re- 
ferring doubtful points to the law officers of the 
Crown. In particular they were charged with 
the interpretation of the Navigation Acts 
(see) and many of the improvements in that 
system were due to their recommendations. 

Considering the information at their dis- 
posal they were just and fair toward the col- 
onies, and from 1675 to 1689 they were an 
efficient body. In 1696 they were superseded 
by the board of trade (see). 

See Acts of Trade; Boards of Trade; Col- 
onization by Great Britain in America; 
Navigation Acts. 

References: C. M. Andrews, Colonial Self- 
Government (1904), 26-40, British Commit- 



371 



LOS ANGELES 



tees, Commissions, and Councils of Trade and 
Plantations, 1662-1675 (1908), chs. iv-v; O. 
M. Dickerson, Am. Colonial Govt. (1912), 
17-20. Eveeett Kimball. 

LOS ANGELES. Since 1900, Los Angeles, 
California, has developed an exceedingly lib- 
eral government that seems to be working out 
successfully her general municipal problems 
and her two special problems: (1) the se- 
curing of an ample supply of water (as the 
annual rainfall in Los Angeles is but 14 
inches) ; and (2) the development of harbor 
facilities on the Pacific Coast (for the city 
hall is 22 miles from the city harbor at San 
Pedro, with which the city is connected by a 
shoe-string district about half a mile wide. 

Organization of City Government. — The gov- 
ernment of Los Angeles, organized under a 
freehold charter, is of the mayor-council type, 
with few elected officials, highly centralized 
mayoralty appointive power, and numerous but 
uncoordinated administrative commissions. All 
elective officials are chosen for terms of four 
years. The council consists of one chamber 
of nine members elected by the city at large, 
biennial elections making the council a con- 
tinuous body. Besides the councilmen, the 
elected officials include seven paid members 
of the school board, selected at large at bien- 
nial elections, the assessor, the auditor, the 
attorney and the mayor. All other im- 
portant administrative officials and all 
boards are appointed, and may be removed, 
by the mayor with the consent of the council, 
their regular term of office being four years. 
Most employees of the city are appointed for 
merit. 

Popular Control of Government. — Popular 
control of the government in Los Angeles con- 
sists of the: (1) direct primaries and bien- 
nial elections, (2) initiative (see), (3) refer- 
endum (see), (4) recall (see). The nominees 
for elective office are chosen in: (1) Direct 
primaries (see) without party designation. 
Nominees who receive a majority of the votes 
cast at the primary, are elected, not nominated. 
The hold of the machine has been effectively 
broken through the use of this improved meth- 
od of nomination by an awakened civic body. 
(2) The initiative petition is permitted by the 
charter, the voters (5 per cent to 15 per cent) 
being allowed to propose ordinances or charter 
amendments which may be submitted to popu- 
lar vote, if the council fails to pass the pro- 
posed measure. The charter amendments cover- 
ing the initiative, referendum and recall were 
adopted in 1903; the number and character 
of the charter amendments adopted since that 
time bear witness to the use of these devices. 
Among those proposed by initiative were the 
charter amendments for direct primaries and 
for election of councilmen and members of the 
board of education on general tickets. (3) 
Not only is the referendum used for the 



372 



tion of charter amendments (majority vote) 
and the ratification of bond issues proposed by 
the city council (two-thirds vote) ; but it may 
be invoked, in the form of the referendary peti- 
tion, to prevent the final enactment of any 
ordinance, not deemed urgent, or the final grant 
of any franchise, which the people oppose. 
Ten per cent of the voters may force the coun- 
cil to rescind its action or submit the question 
to a popular vote. No public utility, or water, 
harbor, river-bed or other rights of the city 
may be sold, leased or otherwise disposed of, 
without the approval of two-thirds of the vot- 
ers, thus safe-guarding the public property and 
enterprises of the city. 

The Recall. — Los Angele3 has attracted con- 
siderable attention by the adoption (1903) 
and application (1904, 1909) of provisions for 
the recall of public officials and of officials ap- 
pointed to vacancies. In 1913 Los Angeles 
recalled all of her officials by the adoption of 
an amendment which terminated all offices 
before the expiration of the regular term. 
In case of popular disapproval of one official 
regular recall petitions may be presented by 
25 per cent, of the vote cast for that office, 
reasons for the recall being stated. At the re- 
call election the elective official whose removal 
is desired becomes a candidate without further 
action, unless he resigns. The candidate who 
receives the largest vote at the special election 
is chosen to the office. If the office is appoint- 
ive, it is declared vacant if a majority of the 
voters at the special election desire the re- 
moval. The recall has been used twice in the 
history of Los Angeles to secure the removal 
of elected officials, both of whom were minority 
candidates elected in "three-cornered" contests 
by comparatively narrow margins. The threat 
to use the recall has been made in several 
cases where there was danger that the city 
government would give away important rights 
or franchises. 

Municipal Activities and Enterprises. — There 
is a sharp contrast in Los Angeles between the 
municipal extravagance and inefficiency of the 
nineteenth century and the comparative suc- 
cess of city activities in the twentieth. On the 
one hand we have, e. g., the squandering, by the 
first American government, before 1855, of near- 
ly thirty square miles of city territory inherit- 
ed from the Mexican pueblo; on the other, the 
rapid development of two forms of modern 
municipal action. (1) The first of the import- 
ant municipal undertakings is the water sys- 
tem. Los Angeles retained from Spanish days 
the water rights to the Los Angeles river. In 
1901 the city purchased for $2,000,000 the 
property of the Los Angeles Water Company, 
the lessees of the city water rights, which had 
supplied the entire city. Under good manage- 
ment, with much lower rates than before, the 
city made a sufficient net profit to cover this 
sum within five years. Before this time it was 
decided to bring water from Owens River by 



LOTTEEIES 



an aqueduct 215 miles long that crossed a 
desert and a mountain range. This work as 
it was planned originally is being done within 
the original estimates of cost and time; but 
extensions for the distribution of the water 
and other supplementary expenditures have 
given Los Angeles a great debt. By the 
erection of power plants at suitable 
points on the aqueduct the city will sup- 
ply its own needs and many of its citizens 
with electricity, a second kind of municipal 
enterprise. A third kind is the system of har- 
bor docks that the city is about to construct 
on its frontage at San Pedro. A fourth is the 
proposed municipal railway to connect the har- 
bor with the city. A fifth was the Municipal 
News, a municipal newspaper, which was dis- 
continued in 1913. Still another form of 
activity is the pension system for firemen 
and policemen. To manage these enter- 
prises administrative departments have been 
created: that of public works, for the con- 
struction of aqueducts, reservoirs, harbor im- 
provements, street and other improvements 
within the city; and that of public service, to 
manage and supervise all utilities owned by 
the city. (2) In order to protect public in- 
terests two important new supervisory commis- 
sions have been created. To the harbor commis- 
sioners is entrusted power to supervise the 
maintenance and use of wharves, docks and sea 
walls, with control of rates and regulations for 
public or private harbor service. The board of 
public utilities, which supervises other public 
utilities, has more limited power than in some 
eastern states, but supervises the granting and 
observance of franchises, the physical valua- 
tion of corporation property, and controls rates, 
subject to the supervision of the council. 

See Chaeters, Municipal; City and the 
State; Municipal Government. 

References: J. D. Works, "A City's Struggle 
for Political and Moral Freedom" in Arena, 
XLI (1909), 353-357; C. D. Willard, "Munici- 
pal Progress in Los Angeles" in National 
Conference of Good City Government, Proceed- 
ings (1905), 97-110; T. A. Davis, "Recall as a 
Measure of Control by the People" in ibid 
(1906), 382-387; F. J. Stilson, "Recall in Los 
Angeles" in ibid (1909) , 326-333; B. A. Hein- 
ly, "A Combined Water Supply, Irrigation and 
Power Project" in Engineering Magazine, 
XXXVIII (1909), 161-174, "Construction 
and Completion of the Los Angeles Aqueduct" 
in ibid, XLV (1913), 1-17; "Carrying Water 
through a Desert" in Nat. Geograph. Mag- 
azine, XXXI (1910), 568-596; C. A. Moody and 
others, "Los Angeles and the Owens River Pro- 
ject" in Out West, XXIII (1905), 417-461; 
Charter of the City of Los Angeles. 

R. L. Ashley. 

LOTTERIES. In the penal code of the state 
of New York, a lottery is denned as a scheme 
"for the distribution of property by chance, 



among persons who have paid or agreed to pay 
a valuable consideration, whether called a lot- 
tery, raffle, gift enterprise, or by some other 
name." The significant point is that a valua- 
ble consideration must be paid for the chance 
of drawing a prize. The name under which the 
enterprise is conducted has no significance. 

Lotteries thus defined are prohibited through- 
out the United States; by constitution and 
statute in 37 states (Ala., Ark., Cal., Colo., 
Del., Fla., Ga., Ida., 111., Ind., Io., Kan., Ky., 
La., Md., Mich., Minn., Miss., Mo., Mont., Nebr., 
Nev., N. Y., N. J., N. D., O., Ore., R. I., S. C, 
S. D., Tenn., Tex., Utah, Va., Wash., W. Va„ 
Wis.), and by statute only, in the remaining 
eleven. They are also prohibited in the Dis- 
trict of Columbia and are denied the use of the 
mails by federal statute. 

In 29 states the constitutional prohibition 
applies both to the conducting of lotteries with- 
in the state and the sale of tickets of any lot- 
tery, whether conducted within the state or 
outside of it, while in eight states (Fla., Ida., 
Md., Nebr., R. I., S. D., Wash., Wis.) the for- 
mer provision only is found. This omission in 
the constitutional provisions of the latter 
states, however, is overcome by the statutory 
provisions in their penal codes. 

In addition to the conducting of a lottery 
and the sale of lottery tickets, which are uni- 
versally regarded as misdemeanors, one or 
more of the following offenses are prohibited in 
many codes: letting a building for a lottery; 
assisting at a lottery or acting as an agent; 
advertising a lottery; offering lottery tickets 
for sale; purchasing lottery tickets; having 
lottery tickets in one's possession; printing lot- 
tery tickets; insuring lottery tickets; advertis- 
ing the insurance of lottery tickets. 

The effectiveness of state legislation is in- 
creased by municipal ordinances in a number 
of states and by the federal act of March 2, 
1895 (28 Stat. L. 963), which aims to prevent 
traffic in lotteries through national and inter- 
state commerce and the postal service, by mak- 
ing the act of carrying into the United States 
or through the United States from one state 
to another, by mail or otherwise, of any lottery 
ticket or slip, or any advertisement of a lot- 
tery an offense punishable by fine or imprison- 
ment. 

The United States will not deliver mail to a 
bank, express company or private individual 
if it has reason to suppose that this is corres- 
pondence or other matter pertaining to lot- 
teries. At present lotteries are prohibited in 
every state, territory and dependency within 
the United States. 

See Gambling ; Police in American Cities ; 
Police Power; Public Morals, Care for. 

References: Forum, XII (1892), 555, 560, 
807; Outlook, LXXIII (1903), 3; A. R. Spof- 
ford, "Lotteries in Am. Hist." in Am. Hist 
Assoc, Annual Report, 1892, 173-195. 

S. McC. Lindsay. 



373 



LOUISIANA 



LOUISIANA 



Early History. — The first European settle- 
ments within the present limits of Louisiana 
were made between 1699 and 1718. To 1712 
the scattered French settlements were ruled 
by the commanders of the military posts. From 
1712 to 1731 the colony was under proprietors, 
first Antoine Crozat to 1718 and next under 
John Law's Mississippi Company. During this 
period the administration was conducted by a 
governor, an intendant, and a superior council 
all nominated by the proprietor but appointed 
by the king. In 1762 Louisiana was ceded to 
Spain which reorganized the colonial govern- 
ment, giving to the governor several adminis- 
trative assistants, and replacing the Superior 
council with the cabildo, an administrative and 
judiciary body. 

Neither under the French regime nor under 
the Spanish was any popular participation in 
government allowed. The laws administered 
were, under the French, the coutume de Paris, 
the edicts of the King, and the regulations of 
the governor and superior council ; under the 
Spanish, the colonial code of the Indies was in- 
troduced and at the beginning of his term each 
governor, like the Roman praetor, stated the 
general principles by which he would govern. 
The Spanish rule was more efficient than that 
of the French. 

Early Constitutions. — In 1803 the province 
of Louisiana was annexed to the United 
States (see Louisiana Annexation). In 
180i territorial gover ment was estab- 
lished. The upper part of the terri- 
tory was cut off and called Louisiana; the 
lower part was called the Territory of Or- 
leans (see Oeleans, Territory of). In 1812 
the Territory of Orleans, renamed Louis- 
iana, was admitted as a state of the 
Union under a constitution which made prop- 
erty-holding a qualification for voting and for 
holding office, and provided for the appoint- 
ment by the governor of nearly all officials and 
for long terms of office. For more than thirty 
years the state developed under this con- 
stitution, the people demanding more and 
more a freer participation in government. 
In 1845, a more liberal constitution was 
adopted, the property qualification for 
office and for voting was abolished and 
the appointing power of the governor greatly 
curtailed. At the same time the field of the 
legislature was much restricted, especially as 
to financial matters. A scheme of public edu- 
cation was outlined and slowly put into opera- 
tion. Encouraged by this victory the popular 
leaders demanded complete democracy and in 
the constitution of 1852 obtained it. Nearly all 
officers and the judgeships were made elective; 
the restrictions on the legislature were relaxed 



somewhat; and further provision was made for 
public education. This constitution suffered 
no radical change, except for the abolition of 
slavery, until 1868. 

Secession and Reconstruction. — A state con- 
vention passed an ordinance of secession in 
January, 1861. After May, 1862, the state 
was under two governments : the Confederates 
with the old government held the greater part 
of the state with the capital at Shreveport; 
the federal forces held New Orleans and nearby 
territory and in 1864 set up a "Union" state 
government under a constitution formed by a 
convention at New Orleans. This constitution 
provided for the abolition of slavery; other- 
wise it was not greatly different from that of 
1852, and the government established under it 
was, in 1865, after the fall of the Confederacy 
(see Confederate States) extended over the 
entire state. 

Though recognized by the President and in 
operation for four years this government was 
regarded by Congress as provisional only, and 
in 1867-1868 a radical transformation was 
made under the Reconstruction (see) Acts. 
A convention composed largely of negroes 
framed a new constitution which again cen- 
tralized the government, gave a wide field to 
the legislature, provided for the civil and so- 
cial equality of the negroes while disfranchis- 
ing the leading whites, and lodged extraor- 
dinary powers of appointment and administra- 
tion in the executive in order that it might 
hold together the new government. The mass 
of the whites so opposed this government that 
after 1870 it had little authority outside of 
New Orleans and the river towns. The coun- 
try districts were almost without organization 
or ruled themselves through lynch law. The 
state was plunged into heavy indebtedness, 
while the state government as a whole was a 
pawn in the hands of the radical leaders at 
Washington. Several attempts at revolution 
failed after temporary successes, but in 1877, 
as one of the results of the Hayes-Til den elec- 
tion controversy (see Electoral Count), the 
radical state government was left without fed- 
eral support, and the white party gained con- 
trol. 

By the constitution framed in 1879 the pow- 
ers of the legislature were strictly limited and 
the social legislation of the reconstruction 
period was abrogated, but in order to reap 
the full fruits of victory the extreme powers of 
the executive were continued and used to the 
limit. 

Present Constitution.— Under this constitu- 
tion the government continued for nineteen 
years, but with increasing dissatisfaction 
among the people because of the nar- 



374 



LOUISIANA 



row range of governmental functions, and 
and in 1898 a new instrument of government 
Was framed. By this the exclusion of the ne- 
gro from participation was accomplished in 
law as it had long been in fact, the appointing 
power of the governor was lessened, and the 
legislature again fettered, though amendment 
was made easy. Forty amendments have 
been adopted since 1898, most of them designed 
to extend popular participation in govern- 
ment. The present government of Louisiana 
consists of a legislature of two houses — a sen- 
ate of forty-one and a house of one hundred 
and sixteen members elected for four years; a 
governor elected for four years and not eligible 



vention can not be limited by legislative act, 
and that this one really had full power. 

In addition to the regular departments of 
government there is a large number of boards 
and commissions with broad administrative 
powers; the railway commission, boards of 
charities and corrections, of health, of engi- 
neers, of agriculture and immigration, of ap- 
praisers ; of education; fifteen levee boards; 
and six other minor boards in addition to the 
supervisory bodies over sixteen state institu- 
tions (see Commissions in American Gov- 
ernment ) . All are appointed by the governor 
with the consent of the senate, except the 
board of appraisers which has an ex-officio 




Boundaries of the State of Louisiana, Showing Territorial Changes 



for immediate reelection; a lieutenant gover- 
nor; auditor; treasurer; secretary of state; 
attorney general; superintendent of education 
— all elective. A judiciary, elective since 1904, 
embraces a supreme court of five members 
elected by districts with appellate jurisdiction 
only; three circuit courts of appeal each con- 
sisting of three judges elected by districts and 
having appellate jurisdiction only; twenty- 
nine district courts having original jurisdic- 
tion in civil and criminal cases; the local judi- 
ciary of New Orleans; city courts in places of 
over 5,000; and the justices of the peace and 
notaries. A "limited" constitutional conven- 
tion held in 1913 revised the constitution 
of 1898 merely by writing in the amendments 
that had been adopted since 1898 and by ar- 
ranging for the refunding of the state debt. 
A majority of the convention held that a con- 



375 



membership, and the railway commission 
which is elective by districts. The local gov- 
ernment of Louisiana resembles that of other 
states of the South with two exceptions: the 
city of New Orleans is, like New York City, 
exempt from much of the general state legisla- 
tion; and the parish police juries, though cor- 
responding somewhat to county commissioners 
in other states, have a much wider adminis- 
trative power. 

Characteristic of Louisiana's constitutional 
history may be mentioned the centralized gov- 
ernment, the strong executive power, the ease of 
constitutional amendment, and the recent very 
rapid progress of decentralization and increase 
of democratic participation. The centralized 
government has been until lately acceptable to 
the people. It is an inheritance from the 
Franco-Spanish colonial period, just as is also 



LOUISIANA ANNEXATION 



the peculiar executive in which, until 1904, 
an enormous appointing power was lodged and 
which is still more powerful than that of any 
other American state. As the important state 
offices are made elective numerous commissions 
and minor offices are created, all at the disposal 
of the governor. Not only the governor, but 
the inferior state officers also are in close touch 
with the lower branches of the state and local 
administrations. In recent years the policy of 
decentralization has been popular and local 
government has made much progress, but the 
state government is still above other American 
states in the measure of its centralization. As 
to amending the constitution, the legislature is 
so limited that measures of great importance 
must as a rule be framed as amendments and 
submitted to popular vote. This method of 
referendum frequently occurs. The commis- 
sion form of government for towns and cities 
has become popular, New Orleans being one 
of the largest cities now under that form. 

Legal System. — The legal system of Louisi- 
ana is based to a considerable extent upon the 
civil law institutions which survived the Fran- 
co-Spanish occupation or were introduced with 
the Code Napoleon, as well as upon the common 
law principles brought in by the Anglo-Amer- 
ican element since 1803. Domat, Pothier, Jus- 
tinian, the Code Napoleon and modern French 
cases and authorities are still cited in Louis- 
iana courts. 

Parties. — For a generation after the purchase 
by the United States party lines were drawn be- 
tween the nationalities — Creoles against Anglo- 
Americans — until about 1830, when the Whig 
organization secured control of the state and 
held it until 1845. The Democrats who suc- 
ceeded to the control remained in power until 
the Civil War. During the reconstruction the 
"radicals," as the Republicans were called, 
maintained a majority mostly of blacks until 
1877, when the state again became Democratic 
and the Republican vote decreased to a negligi- 
ble quantity. Since then there has been only 
one real party. A strict primary law results 
in the elimination of many voters and makes it 
possible for the very efficient "regular organiza- 
tion" to exercise as much influence in Louisi- 
ana as Tammany in New York. A slight ten- 
dency for the country to line up against the 
New Orleans vote is evident. There is a strong 
tariff section in the Democratic party espe- 
cially in the sugar and rice parishes. 

Population. — The population in 1767 was 
5,552; in 1803 about 40,000; in 1830, 215,739; 
in 1850, 517,762; in 1910, 1,656,388. 

See Annexations to United States; Or- 
leans Territory; West Florida. 

References: F. N. Thorpe, Federal and State 
Constitutions (1909), III, 1359-1617; A. 
Phelps, Louisiana (1905), I; A. Fortier, Louis- 
iana (1909), Hist, of Louisiana (1904); C. 
E. A. Gayarrg, Hist, of Louisiana (1903). 
Walter L. Fleming. 



LOUISIANA ANNEXATION. Importance 
of the Mississippi. — The economic and com- 
cial importance of the Mississippi, connecting 
the choicest part of the continent with the 
high seas, made it the object of contention for 
ownership and control until the young United 
States finally secured the supremacy. This 
key to the Middle West largely determined the 
history of the interior, the most important 
theatre of American national life. 

From the beginning of American nation- 
al history, Spanish policy at New Orleans, and 
its irritating effect on interests of the peo- 
ple of the trans-Appalachian region, suggested 
that the Mississippi Valley must belong to a 
single nation. This destiny became more evi- 
dent with the clamor of westerners for free 
navigation, the danger of conflict between East 
and West, and the various projected move- 
ments against New Orleans; then came the 
merging of French expectations into plans for 
recovery of Louisiana by force or by cession — 
terminating in the attempt of Napoleon to es- 
tablish a great colonial dominion in America. 

Effect of the Treaty of St. Ildefonso.— In 
1801 came rumors that weak Spain had been in- 
duced to cede Louisiana to strong and restless 
France, suggesting that France was adopting 
the views of those who regarded the Appalach- 
ians as a natural western boundary for Amer- 
ica. Later confirmation of the cession of Lou- 
isiana by the treaty of St. Ildefonso (October 
1, 1800) produced an Anglo-American entente 
cordiale, and even a thought of alliance; and 
led Jefferson to instruct Livingston to begin 
negotiations for the acquisition of the 
eastern bank of the lower Mississippi. 
The withdrawal of the right of deposit 
by the Spanish intendant at New Or- 
leans (October 16, 1802) aroused great ex- 
citement; and Congress authorized the Presi- 
dent to call out 80,000 militia, and appro- 
priated $2,000,000 to purchase the island of 
New Orleans and adjacent eastern lands. Early 
in January, 1803, Jefferson sent Monroe to 
join Livingston in negotiations to purchase 
New Orleans and the Floridas, and with in- 
structions, in case of French obstinacy, to open 
negotiations with the British Government to 
prevent French occupation. 

Treaty of Cession. — By a treaty of cession 
(April 30, 1803), which followed the vagueness 
of the Ildefonso treaty in the boundary clause, 
"Louisiana as it is in the hands of Spain, and 
as it was when France possessed it," the 
United States obtained 1,171,931 square miles 
for $15,000,000, of which $3,500,000 was paid 
to satisfy claims of Americans. This acquisi- 
tion shaped the foundations of a new policy, 
and opened the road to an American empire. 

Constitutional Issue. — Doubting his power, 
under strict constitutional interpretation, to 
incorporate such a vast territory, Jefferson 
proposed a kind of indemnity amendment to 
legalize his act and to authorize the admission 



376 



LOUISIANA ANNEXATION 




Southern Louisiana Boundaet Conteoveesy 



of states from the territory. Fearing, however, 
that Napoleon's right to dispose of the territory 
might be questioned by France as a pretext to 
break the treaty, and. influenced by Spain's 
formal, protest against the alienation of the 
territory, he desired prompt legislation for con- 
sumating the purchase with as little discussion 
as possible. Hence he acquiesced in the views 
of "Gallatin and other members of his Cabinet 
that the American government has power to 
annex foreign territory without an amendment 
to the Constitution. 

Ratification. — Ratification was prompt — two 
days after the Senate received the documents 
from Jefferson. In the House, during the con- 
sideration of an appropriation to execute stipu- 
lations of the treaty, the opponents of the ces- 



sion began a struggle to hinder action. They 
first questioned the title of France to the ter- 
ritory ceded; but the validity of the treaty 
was sustained by a vote of 59 to 57. Next, on 
the ground that the treaty was unconstitution- 
al, they opposed the bill authorizing the Presi- 
dent to take possession of the territory and to 
appoint officials; but the arguments for con- 
stitutionality were sustained in committee of 
the whole by 90 to 25. 

Transfer of the Territory. — With imposing 
ceremony at New Orleans, on November 30, 
1803, in spite of protests of the Spanish minis- 
ter at Washington, the French authorities re- 
ceived from the Spanish the formal delivery of 
New Orleans and Lower Louisiana. December 
20, it was transferred to the United States, 



377 



LOW, SETH 



represented by Governor Claiborne. For a year 
after formal transfer the Spanish military 
forces and officials remained at New Orleans, 
causing much trouble. Later (March 9, 1804) 
upper Louisiana was also formally transferred 
to the French who transferred it to American 
authorities, March 10. 

Status and Government. — Although the 
treaty of cession provided that the inhabitants 
as soon as possible should be admitted into the 
Union and to the "enjoyment of all the rights, 



References: H. Adams, Hist, of the U. 8. 
(1889), II, chs. ii-v; E. P. Carpenter, Am. 
Advance (1903), chs. iii-iv; E. Channing, 
Jeffersonian System (1906), chs. v, vi; J. K. 
Hosmer, Louisiana Purchase (1902), chs. iii- 
x; W. C. Ford, Ed., Thomas Jefferson's Works 
(1897), VIII; S. M. Hamilton, Ed., Monroe's 
Writings (1901) IV; J. B. Moore, Arbitra- 
tions (1898), V, 4432-4446; A. B. Hart, 
Foundations of Am. Foreign Policy (1901), 
§§ 47, 62-68; Alexander Johnston, Am. Pol. 




Northern Louisiana Boundary Controversy 



advantages and immunities of citizens of the 
United States," there was no clause providing 
for the future admission of states from the ter- 
ritory. Under act of October 31, 1803, Jef- 
ferson ordered General Claiborne to take pos- 
session and to govern with the almost unre- 
stricted power of previous Spanish officials. 
The country was divided into two parts sepa- 
rated by the parallel of 33°. The government 
of the upper was to be administered by the gov- 
ernor and judges of Indiana territory; that of 
the southern, the Territory of Orleans {see), 
was vested in a governor, a secretary and a coun- 
cil of thirteen — all appointed by the President. 
See Annexations to the United States ; 
botjndaeies of the united states, interior; 
Dependencies; France, Diplomatic Rela- 
tions with ; Louisiana ; Territory, Acquired, 
Status of; West Florida. 



Hist. 1763-1816 (1905), I, ch. xiii; James 
Madison, Writings (1867), II, 177-204; J. B. 
McMaster, United States (1896), II, 621-35; 
F. A. Ogg, Opening of the Mississippi (1904), 
chs. x-xiv; C. F. Robertson, "Louisiana Pur- 
chase" in Am. Hist. Assoc, Papers, I (1885), 
253-290; Theodore Roosevelt, Winning of the 
West (1829), IV, 261-286; Francois Barbe- 
Marbois, Histoire de la Louisiane et de la Ces- 
sion (1829, Laurence's translation, 1830) ; 
House Ex. Does., 57 Cong., 2 Sess., No. 43 
(1903). J. M. Callahan. 

LOW, SETH. Seth Low (1850- ) was 
born at Brooklyn, N. Y., January 18, 1850. 
From 1875 to 1888 he was in active business. 
In 1878 he organized, and was the first presi- 
dent of, the Brooklyn bureau of charities. His 
political career began in 1880, when he was 



378 



LOWELL, JAMES RUSSELL— LOYALISTS 



i 



made president of the Young Republican club 
in the Garfield campaign. The next year he 
was elected mayor of Brooklyn on an indepen- 
dent ticket, and held the office until 1886. 
His administration attracted national atten- 
tion. Under the charter, the heads of munici- 
pal departments were appointed by and were 
responsible to him; he introduced competitive 
examinations for the selection of many officials; 
and he improved the system of taxation. In 
1897 he was an independent candidate for 
mayor of Greater New York, but was defeated. 
In 1890 he became president of Columbia Uni- 
versity. In 1899 he was a delegate to the 
peace conference at The Hague. He resigned 
the presidency of Columbia in 1901 to become 
mayor of New York. The chief successes of 
his administration were the reduction of 
taxes, the improvement of the schools, and the 
reform of the police department. He lacked 
efficient party support, however, and in 1903 
was defeated for reelection. In 1907 he was 
elected president of the National Civic Feder- 
ation, which office he still holds (1913). See 
Mayor and Executive Power in American 
Cities. W. MacD. 

LOWELL, JAMES RUSSELL. James Rus- 
sell Lowell (1819-1891) was born at Cam- 
bridge, Mass., February 22, 1819. He first won 
national reputation by the publication, in 
1848, of the first series of Biglow Papers, 
humorous and satirical poems which touched 
the politics of the day and showed him as a 
strong opponent of slavery. From 1856 to 
1886 he was professor of French and Spanish 
literature and belles-lettres at Harvard. He 
became a Republican in 1856. From 1857 to 
1861 he was editor of the Atlantic Monthly, 
and from 1863 to 1872 joint editor with 
Charles Eliot Norton of the North American 
Review. A second series of Biglow Papers ap- 
peared in 1867. In 1876 he was a Republican 
presidential elector for Massachusetts, and the 
next year was appointed minister to Spain. 
In 1880 he was made minister to Great Brit- 
ain, where for the next five years he served 
with great acceptance and won to an unprece- 
dented degree the regard of the English peo- 
ple. He died at Cambridge, August 12, 1891. 
See Slavery Controversy. References: J. 
R. Lowell, Works (1890-92); H. E. Scudder, 
James Russell Lowell: a Biography (1901). 

W. MacD. 

LOYALISTS. The Loyalists in the Ameri- 
can Revolution were the colonists who adhered 
to the royal cause. Some clung to that cause 
from the first; others were, in the days before 
the war, opponents of the British schemes for 
taxing the colonies and did not believe in the 
political theories upon which taxation was 
based, but when opposition to the ministerial 
measures went so far as armed resistance, they 
left the American and joined the British cause. 



Still others went with the popular American 
movement until some discouraging phase of the 
war, or perhaps distaste for the French al- 
liance, caused them to lose heart or sympathy 
with the Revolution, and then they went over 
to the British side. At the beginning of the 
struggle those colonists who were most close- 
ly related with the royal governors, those 
whose interests or theory of government made 
them favor the established order, the Episcopal 
clergy dependent on the aid of the British 
missionary societies, crown officers and persons 
dependent on them, tended to become Loyalists. 
In general the more prosperous and contented 
element in American society contributed a 
majority of their number to the Loyalists. 

Feeling against them on the part of the self- 
styled Patriots was bitter. They were called 
enemies of their country, and mobs attacked 
their persons and property. Whig committees 
published their names, "sending them down to 
posterity with the infamy they deserve." Fear 
of this violence seems to have kept many of 
them inactive in the early stages of the Revo- 
lution, and that inaction made them lose their 
only opportunity of effective, united opposition 
to the Whig movement. After the second 
Continental Congress had suggested that the 
states should disarm them, the action to that 
end was prompt in most of the states, and, 
thereafter, the Whig legislatures passed test 
acts requiring certain oaths of allegiance which 
no honest Loyalist could take. Many Loyal- 
ists fled to England, to the West Indies and 
to various parts of Canada, Nova Scotia and 
the region near Niagara being the chief 
centers. Others fled to New York City and 
there joined the British army. The statistics of 
the loyal volunteers seem to show that at one 
time as many Loyalists were serving in the 
British army as there were Patriots in the 
Continental army. 

Those who remained at home and tried to 
avoid trouble with their Whig opponents be- 
came subject to fines and extra taxation, and, 
whenever the British army approached, they 
were imprisoned or marched away to distant 
places where they could do no harm. As the 
struggle continued, the Patriots began to de- 
port and banish the Loyalists, and to con- 
fiscate their estates. During the negotiations 
for peace, the British Government made every 
effort to have the Loyalists compensated for 
these losses, but the effort failed and the 
British ministry was itself obliged to make 
the compensation, amounting to nearly thirty 
millions of dollars. 

See Revolution, American, Causes of. 

References: G. E. Ellis, in J. Winsor, Hist, 
of America (1888), VII., 1851; A. C. Flick, 
Loyalism in New York ( 1901 ) ; C. H. Van 
Tyne, The Loyalists in the Am. Revolution 
(1902), Am. Revolution (1905) ; A. E. Ryerson, 
Loyalists and their Times (1880). 

C. H. Van Tyne. 



73 



379 



LOYALTY TO PARTY— LYNCHING 



LOYALTY TO PARTY. By becoming a 
member of a political party a man does not 
surrender his right of private judgment. 
Though bound to act for those principles for 
which the party stands and to seek party 
success for the sake of those principles, he is 
not under obligations to follow party leaders 
in a course of action which, while calculated 
to strengthen temporarily the organization, is 
at the same time likely to prove inimical 
to those wider interests of the state which a 
party exists only to conserve and promote. 
To every good citizen the welfare of his country 
and the interests of the whole people stand 
foremost and true loyalty to his party can 
never conflict with enlightened patriotism. To 
keep his party faithful to the object of its 
existence one must sometimes act against its 
apparent welfare. No great political organi- 
zation can maintain its highest level of effi- 
ciency and usefulness without the conscious- 
ness of a body of adherents of high ideals, 
independent in opinion and fearless in action, 
who may be relied upon to administer trench- 
ant criticism and wholesome discipline even to 
the extent of defeat at the polls should the 
higher good of the state demand it. 
See Independent Movements in Politics; 
Pakty, Place and Significance of; Third 
Parties; Voting, Independent. References: 
J. Macy, Party Organization and Machinery 
(1904), ch. xxi; J. A. Woodburn, Po- 
litical Parties and Party Problems (1903), 
ch. xxi. J. M. 

LUTHER vs. BORDEN. As the result of an 
effort to supersede the state government of 
Rhode Island as it existed under its colonial 
charter, no constitution having been adopted 
when the state became a member of the Union, 
a voluntary convention adopted a constitution 
under which an attempt was made to organize 
a state government. Resistance of this pseudo 
government to the power of the exist- 
ing state government led to the Dorr (see) 
Rebellion (1841). As a result of this con- 
flict, Borden, acting under authority of the 
existing government, broke and entered the 
house of Luther for the purpose of arresting 
him, and Luther instituted an action in a 
Federal court against Borden to recover dam- 
ages for trespass, and on appeal to the Supreme 
Court of the United States, the question con- 
sidered was whether the judicial department 
had authority to determine the validity of 
the existing state government [7 How. 7 
(1848)]. It was held that under the provision 
of the Federal Constitution that "The United 
States shall guaranty to every state in this 
union a republican form of government" (Art. 
IV, Sec. iv), the question as to the existence 
and validity of a state government was in 
its nature political and not judicial, and there- 
fore committed to the legislative department 
of the Federal Government and not to its judi- 



ciary; with the result that the action of Borden 
in exercising authority under the existing state 
government was lawful. 

This case has been consistently adhered 
to in determining analogous controversies 
and has recently been followed in deciding 
that a state statute enacted in ac- 
cordance with constitutional provisions for 
the initiative and referendum would not be 
held invalid in the courts on the contention 
that the government thus provided for was 
not a republican government, the enforcement 
of the guaranties as to republican government 
resting solely with the political department of 
the Federal Government [see Pacific States 
Telephone & Telegraph Co. vs. Oregon (1912), 
223 U. &. 118]. 

See Dorr Rebellion; Political Questions 
and Judicial Authority; Republican Form 
of Government. 

References: T. M. Cooley, Constitutional 
Limitations (7th ed., 1903), 58-62. 

Emlin McClain. 

LYNCHING. Origin of the Term.— The kill- 
ing of an obnoxious individual by a mob as a 
penalty for real or supposed crime is an 
incident of all civilizations; and many formal 
organizations of people have undertaken to 
supplement or replace legal procedure by deal- 
ing with criminals outside the law. Such were 
the Vehmgericht of Germany; the Spanish 
Hermandad; the California Vigilance Commit- 
tees (see) ; and some phases of the Ku Klux 
Klan {see). This practice as a recognized 
system has now ceased in almost every part 
of the civilized world, except some portions 
of the United States. 

During the Revolution Charles Lynch of 
Virginia (from whence the term) was the 
head of an unofficial band which seized and 
severely whipped loyalists; and for a time the 
term lynching meant a flogging. The practice 
continued, partly as an instrument of the 
frontier where regular justice was hard to 
obtain, partly to deal with offenses which 
were thought to be too heinous for ordinary 
treatment. Such were the murder of white 
men, particularly masters by negroes, and the 
rape of white women by negroes. The usual 
penalty exacted by mobs or assemblages was 
hanging; occasionally criminals were burned 
to death. The term lynching thus came to 
mean the taking of the life of the supposed 
offender, outside of judicial process. 

Progress of Lynching. — The practice ap- 
peared chiefly in the southern and south- 
western states. In a notable case in 1837 
commented upon by Abraham Lincoln at the 
time, a negro was burned at the stake near 
St. Louis for the murder of a peace officer. 
After the Civil War when the restraint im- 
posed by slavery had ceased, lynching was 
freely applied to negro criminals and supposed 
criminals. According to the following table 



380 



LYNCHING 



compiled from the findings of the Chicago 
Tribune there were 3,539 lynchings from 1885, 
when the collection of lynching statistics be- 
gan, to 1912: 



Year 


Number 

of 

Lynchings 


Rate per 

1,000,000 
Population 


1885-1889 — 


762 

944 

702 

537 

385 

74 

71 

64 

3,539 


2.58 


1890-1894 __. 


2.88 


1895-1899 _. — 


1.95 


1900-1904 


1.36 


1905-1909 - 


0.88 


1910 

1911 

1912 

1885-1912 ,_ 


0.80 
0.76 
0.67 
1.69 



Up to 1909 none of these were reported from 
New England, and almost none from the 
former free states; but since 1909 lynchings 
have occurred at Springfield and Newark, Ohio; 
Springfield, Illinois; and Coatesville, Penn- 
sylvania. In most of these cases prosecutions 
followed but broke down through the refusal 
of the juries to convict. The states in which 
lynchings occurred in the five years 1908-12 
were as follows: 



States 



Florida 

Georgia 

Mississippi 

Louisiana 

Alabama 

Arkansas 

Texas 

Tennessee 

South Carolina 

Kentucky 

Oklahoma 

Wyoming 

Idaho 

New Mexico 

Montana 

West Virginia . 

Virginia 

Missouri 

North Dakota . 

Oregon 

North Carolina 

Nebraska 

Maryland 

Illinois 

California 

Ohio 

Pennsylvania _. 



Number 

of 

Lynchings 



Rate per 

1,000.000 

Population 



10.63 
5.67 
5.12 
3.98 
2.81 
2.81 
2.31 
2.11 
1.98 
1.92 
1.69 
1.37 
0.61 
0.61 
0.53 
0.49 
0.39 
0.36 
0.35 
0.30 
0.27 
0.17 
0.15 
0.14 
0.08 
0.08 
0.03 



Causes of Lynching. — An analysis of the 
causes for lynchings shows that only about 
a third were for violence to women, sometimes 
by white men, but much more often by negroes. 
This crime dates very far back. The number 
of authentic cases of rape of white women by 
negroes appears to be now about thirty to 
fifty a year. Approximately another third of 
the lynchings is for murder, of whites by 
whites, or whites by negroes, but almost never 
for the killing of a negro by a negro. The 
other third is for various lesser crimes or no 
crimes at all, down to giving testimony or for 
refusing to give testimony before a court. 

Iniquities of Lynching. — The process is not 
simply extra-legal but anti-legal. It assumes 
guilt in many cases where guilt cannot be 



proved and in some cases where it does not 
exist; it sometimes includes manifestly inno- 
cent persons, as the negro woman who was 
burned at the stake by a mob because she had 
fled with her husband who had committed a 
crime. 

In the greater number of cases the person 
lynched has been taken by violence out of 
the custody of officers of the law. Sheriffs and 
prison wardens and even militia show little 
disposition to protect their prisoners against 
a mob. There are cases of lynching where men 
have been tried and convicted and would in 
a few days have been executed in an orderly 
manner. In very few cases in the South are 
prosecutions instituted against lynchers, though 
there have been instances of trial and convic- 
tion and even of imprisonment for that offense. 

Criticism of Lynching. — The two main argu- 
ments for lynching are that the courts can- 
not be relied upon to do justice, and that the 
crime of rape should be followed by a more 
fearful and exemplary punishment than the 
law allows. Criminals are of course, often set 
free through technicalities but these are not 
likely to be invoked in the case of an atrocious 
crime. The governor's pardoning power re- 
leases many bad criminals particularly in the 
southern states; but would hardly be used 
against criminals who could by any form of 
reasoning be thought subject to lynching. So 
far as lynching is directed against negro crimi- 
nals the whole machinery of the state govern- 
ments both North and South is provided and 
carried out by white people, who ought to 
know how to protect their race by legal 
methods. As for the defense that lynching is 
a needed warning to the worst of criminals, the 
practice is freely applied not only to cases 
of rape but to all sorts of crimes and mis- 
behavior. So far from being a warning the 
accounts of one lynching are likely to incite 
another. 

Lynching by irresponsible mobs of men of 
low character cannot be stamped out though 
they might be punished; but lynching as 
carried out by respectable men with the ap- 
proval of the communities in which it happens 
is a confession of failure of self-government, 
hence the practice has much diminished of 
late years. The total number of reported cases 
in 1906 was 68, in 1911 it was 71, in 1912 it 
was 64. 

See Enforcement; Equality befoke the 
Law; Law, Ckiminal; Life, Protection of; 
Mobs and Mob Rule; Penalties for Crime; 
Riots, Suppression of. 

References: E. G. Cutler, Lynch Law 
(1905); A. B. Hart, Southern South (1910), 
chs. xiv, xv ; F. L. Hoffman "Fewer Lynchings" 
in TV. Y. Times, Mar. 4, 1913; Am. Year 
Book, 1911, 345, ibid, 1912, 440; bibliography 
in Channing, Hart and Turner, Guide to Am. 
Hist. (1912), § 261. 

Albert Bushnell Hart. 



381 



mcuulloch, hugh— Mcduffie, geoege 



M 



Mcculloch, hugh. Hugh McCuiioch 

(1808-1895), one of the abler of American fi- 
nanciers, was a native of Maine but a resident, 
after his twenty-fourth year, of Indiana. Al- 
though an opponent of the National Banking 
Act of 1862, he was chosen by Secretary Chase 
to occupy the post of comptroller of the cur- 
rency, and so to put into operation the system 
provided for by that measure. His perform- 
ance of the task was eminently successful and 
in 1865 he was elevated by President Lincoln 
to the secretaryship of the Treasury. In this 
office his principal interest was the retirement 
of the legal tenders or "greenbacks," and in 
1866 he procured the passage of a law pro- 
viding for the inauguration of this policy. The 
law was repealed, however, in 1868 before its 
operation had proceeded far, and the resump- 
tion of specie payments was further postponed. 
During 1870-76 McCullough resided in Eng- 
land as a member of the banking firm of Jay 
Cooke. During one brief period subsequently — 
October, 1884, to March, 1885— he held, for a 
second time, the Treasury portfolio. See Legal 
Tender Controversy. References: H. McCui- 
ioch, Men and Measures of Half a Century 
(1888); J. Sherman, Recollections of Forty 
Years ( 1895 ) , I, ch. xvii ; J. G. Blaine, Twenty 
Years of Cong. (1886), II, ch. xiii; Secretary 
of the Treasury, Report, 1867. F. A. O. 

Mcculloch vs. Maryland. This case 

was decided by the Supreme Court of the Unit- 
ed States in 1819 (4 Wheat. 316). The opin- 
ion, written by Chief Justice Marshall, is gen- 
erally considered one of the ablest and great- 
est of all his opinions. It is one of a number 
of important decisions rendered in the decade 
after the War of 1812 in which the court out- 
lined fully the principles of the federal system, 
discussed in an illuminating way the nature 
of the Union, and laid down broad principles 
of constitutional construction (see Cohens vs. 
Virginia; Dartmouth College Case). The 
controversy arose concerning the power of Con- 
gress to establish a national bank and con- 
cerning the right of Maryland to tax one of the 
branches of the bank. The bank had been 
chartered in 1816, but a number of the states, 
dissatisfied with the arrangement, passed hos- 
tile laws. Maryland sought to require the is- 
sue of notes on stamped paper; McCuiioch, the 
cashier of the bank in Baltimore, disregarded 
the law and was sued. The case was carried 
to the Supreme Court. "The first question 
made in the cause," said the court, "is, has 



Congress power to incorporate a bank?" In 
discussing this question Marshall entered upon 
a consideration of the nature of the Union. 
"The government of the Union," he declared, 
". . . is, emphatically, and truly, a gov- 
ernment of the people. In form, and in sub- 
stance, it emanates from them. . . . The 
Government of the United States, then, though 
limited in its powers, is supreme; and its laws, 
when made in pursuance of the Constitution, 
form the supreme law of the land." The pow- 
ers of sovereignty were declared to be "divid- 
ed between the government of the Union, and 
those of the states. They are each sovereign 
with respect to the objects committed to it, 
and neither sovereign with respect to the ob- 
jects committed to the other." The doctrine 
of implied powers (see) was also distinctly 
stated: "Let the end be legitimate, let it be 
within the scope of the Constitution, and all 
means which are appropriate, which are plain- 
ly adapted to that end, which are not prohib- 
ited, but consist with the letter and spirit of 
the Constitution, are constitutional." The 
power of Congress to establish a bank was, in 
consequence, upheld. 

The court denied the right of the state to 
tax the bank. The power to tax was held to 
involve the power to destroy, and, if the states 
could tax one instrument of government, they 
might tax every other and thus defeat all the 
ends of government. 

References: K. C. Babcock, Rise of American 
Nationality (1906), 294-296; J. P. Cotton, The 
Constitutional Decisions of John Marshall 
(1905), I, 302-345. A. C. McL. 

McDUFFIE, GEORGE. George McDuffie 
(1790-1851) was born in Columbia county, 
Ga., August 10, 1790. In 1814 he was ad- 
mitted to the bar, and in 1818 was a member 
of the legislature. In 1821 he was elected to 
Congress, retaining his seat in the House until 
1834, when he resigned. Like Calhoun, he was 
at first a nationalist and broad construction- 
ist, but changed with the changing sentiment 
of his state. In Congress he supported the 
bank, but opposed internal improvements and 
vigorously denounced protection. He parted 
company with Jackson on the question of state 
rights, upheld nullification as a constitutional 
remedy, and wrote the Address to the People 
of the United States, issued by the South Car- 
olina nullification convention in 1832. On his 
resignation in 1834, he was elected governor of 
South Carolina, holding the office until 1836. 



382 



Mckinley, william— Mcleod case 



In 1842 he succeeded W. C. Preston in the 
United States Senate, retiring in 1846 on ac- 
count of ill health. He died at Cherry Hill, 
Sumter district, S. C, March 11, 1851. See 
Takiff Policy of the United States. Refer- 
ences: D. F. Houston, Critical Study of Nulli- 
fication in South Carolina (1896) ; J. B. Mc- 
Master, Hist, of the People of the U. 8., III- 
VII (1883-1910); G. P. Garrison, Westward 
Extension (1906). W. MacD. 

McKINLEY, WILLIAM. William McKinley 
(1843-1901), twenty-fifth President of the 
United States, was born at Niles, Ohio, Jan- 
uary 29, 1843. He served in the Union army 
during the Civil War, attaining the rank of 
major. In 1867 he was admitted to the bar 
and began practice at Canton. In 1877 he was 
elected to Congress as a Republican, and sat 
in the House until 1883. He again entered 
the House in 1887, and rose rapidly to promi- 
nence as a champion of high protection. In 
1889 he was made chairman of the committee 
which prepared the tariff bill known by his 
name, and which became law in 1890. He 
was defeated for reelection, however, by a 
Democratic gerrymander (see) of his district; 
but in 1892 he was elected governor of Ohio, 
holding the office for four years. In 1884, 
1888, and 1892 he was a delegate to the Re- 
publican national conventions. He had de- 
clined to consider a nomination for the presi- 
dency in 1888, because he was pledged to sup- 
port John Sherman; but he was nominated in 
1896 and elected, receiving 271 electoral votes 
against 176 for William J. Bryan. Although 
exhibiting great forbearance with Spain, he 
was not averse to war with that country in 
1898 ; but criticism of his policy of territorial 
expansion, especially the acquisition of the 
Philippines, voiced by the Anti-Imperialists, 
was not sustained by the country. His gracious 
and conciliatory methods made him many 
friends. In 1900 he was reelected, receiving 
292 electoral votes against 155 for Bryan; 
but on September 6, 1901, he was shot by an 
anarchist at the Pan-American exposition at 
Buffalo, and died on the 14th. See Republican 
Paety; Tariff Policy of the United States. 
References: M. Halstead, Life of William Mc- 
Kinley (1901) ; J. Hay, Memorial Address on 
the Life and Character of William McKinley 
(1903) ; J. D. Richardson, Messages and Pa- 
pers of the Presidents (1896-99), IX, X; D. R. 
Dewey, National Problems (1907) ; J. H. 
Latan§, Am, as a World Power (1907). 

W. MacD. 

McKINLEY TARIFF ACT. After the elec- 
tion of 1888 the Republicans interpreted their 
success as a condemnation of the Democratic 
low tariff measure brought before Congress in 
that year, and as a popular warrant for 
revising the tariff in the interest of further 
protection. The Republican Senate bill of 



1888 was introduced into the House; but in 
accordance with custom received the name of 
the chairman of the committee on ways and 
means, William McKinley, representative from 
Ohio. The bill, passed October 1, 1890, re- 
pealed duties on raw sugar, reduced rates on 
steel rails, steel plates, and structural iron, and 
extended the free list to embrace certain com- 
modities of little commercial importance. Du- 
ties were increased upon wool, woolen goods, 
better grades of cotton goods, linens, cutlery, 
tin plate, barley, hemp and flax. Of especial 
interest in the act was a bounty on the pro- 
duction of domestic sugar; and the giving to 
the President power to levy duties by procla- 
mation on sugar, molasses, tea, coffee, and 
hides imported from a given country, if in 
his opinion that country imposed unreasonable 
duties upon the agricultural or other produce 
of the United States. This was the first rec- 
ognition of reciprocity (see) by executive or- 
der. More significant than the statutory de- 
tails of the act was the frank acceptance and 
aggressive insistence of the doctrine of pro- 
tection as a permanent policy, which charac- 
terized the debate. See Duties on Imports, 
Avekage Rate of; McKinley, William; Tar- 
iff Policy of the United States. References :■ 
F. W. Taussig, Tariff Hist, of U. 8. (5th ed., 
1910), 251-283; D. R. Dewey, Financial Hist, 
of the U. S. (1907), 438-440, and references, 
435; E. Stanwood, Am. Tariff Controversies 
(1903), II, 243-295. D. R. D. 

McLEOD CASE. Alexander McLeod, who 
asserted that he had been a member of a 
Canadian expedition which in 1837, de- 
stroyed the Caroline, a vessel acting in sym- 
pathy with the insurrectionists against Canada 
but anchored in United States waters, and 
caused the death of a person on board, was 
arrested in New York on the charge of murder. 
When the case was pending in the court of 
New York, the British authorities requested 
McLeod's release, on the ground that he was 
acting in the public forces under orders. The 
United States was unable to interfere directly 
in the action before the New York court, 
though the Secretary of State affirmed that if 
such a case were pending before a United 
States court it would not be pursued. Gov- 
ernor Seward would not release McLeod on 
the ground of the request of the British Govern- 
ment; but McLeod was acquitted on proof of 
an alibi. Congress, realizing what complica- 
tions might arise from such division of au- 
thority, passed an act by which through a writ 
of habeas corpus the national Government 
could bring the accused alien in such a case 
before the United States Court. See Caroline 
Affair; Extradition, International; States 
in the Union. References: Daniel Webster, 
Works (1851), VI, 247-269, et seq., F. Ban- 
croft, W. H. Seward (1900), I, III; V. 8. Rev. 
Statutes, § 753. G. G. W. 



383 



MacVEAGH, franklin— machine, political 



MacVEAGH, FRANKLIN. Franklin Mac- 
Veagh (1837- ) was born in Chester coun- 
ty, Pa., November 22, 1837. In 1864 he was 
admitted to the bar, and began practice in 
Philadelphia, but gave up his profession on 
account of ill health and removed to Chicago, 
where he engaged in business. In 1874 he was 
elected president of tne Citizens' Association of 
Chicago, an organization formed to fight cor- 
ruption in the city government. He supported 
Cleveland in 1884, 1888, and 1892, while acting 
with the Republicans in municipal affairs. In 
1894 he was nominated by the Democrats as 
United States Senator, to succeed Shelby M. 
Cullom, and made a canvass of the state, but 
was defeated in the legislature. He broke with 
the Democratic party in 1896 on the question 
of free silver, and allied himself with the Re- 
publicans. In March, 1909, he was appointed 
Secretary of the Treasury giving up his busi- 
ness to accept it; and that office he held till 
1913. He was vice-president of the American 
Civic Association in 1905, and is a member of 
the executive committee of the National Civic 
Federation. See Tbeasuky Depaetment. 
References: E. F. Baldwin, "President Taft's 
Cabinet" in Outlook, XCI, 1909, 691-702; 
Secretary yf the Treasury, Annual Reports 
(1909-1911). W. MacD. 

MACHIAVELLI, POLITICAL THEORIES 
OF. See Political Theokies of Continental 
Publicists. 

MACHINE, POLITICAL. On the way to 

Philadelphia in 1872, to place General Grant 
in nomination for the second term, some of 
the delegates, upon comparing notes, perceived 
that a new force had appeared in politics. Men 
who had made the Republican party and had 
been active in its councils were now being used 
simply to register a predetermined conclusion, 
when the better judgment of many of the dele- 
gates would have led to a different conclusion. 
The management of the party had passed into 
the hands of office-holders. The party machine 
was being used to exclude the party members 
from control of the party. 

During Grant's second administration such 
were the revelations of corruption that the Re- 
publicans lost control of the two houses of 
Congress, and, as many believe, the presidency 
was held in 1876 only by a corrupt use of 
party power. The party machine is the party 
organization, and when used for a wrong pur- 
pose is generally classed as a corrupt political 
machine. The organization was designed to 
assist the masses of the people in the promo- 
tion of good government. Properly used it 
would seek to enlighten the public on the great 
issues for which the party stands; it would 
endeavor to include within the active organi- 
zation as many as possible of the party sup- 
porters; the leaders of the party would strive 
to make the party an effective agency of 



public opinion. But when the party organiza- 
tions fall under the control of office-holders or 
those who have special interests to maintain 
which are at variance with the public wel- 
fare, the corruption of the political machine 
appears. It is, indeed, not easy to distin- 
guish the corrupt political machine from legiti- 
mate party organization, for the difference 
rests largely in motives and intentions. Re- 
formers who would capture the party in the 
interest of the public may require a competing 
organization. This is sure to be stigmatized 
by the opposing faction as a "corrupt ma- 
chine." 

Nevertheless, in a few of the states and in 
many of the cities the machine methods have 
become so obvious that it is impossible to mis- 
take certain distinguishing characteristics. 
Tne city machine makes friends with saloon- 
keepers, with gamblers and other criminal 
classes, or with large financial interests, seek- 
ing to obtain control of the vast sums expended 
for public improvements. This source of rev- 
enue has of late proved vastly more fruitful 
than the earlier and more primitive methods. 
By means of these various alliances a large 
body of pledged supporters is secured. 

In addition to ordinary party officers the ma- 
chine employs a body of workers formerly 
known as "ward heelers," now more generally 
called "workers," "gangs," "gunmen," or "dis- 
trict leaders"; some of whom are accustomed 
to commit various sorts of crime, such as se- 
curing fraudulent naturalization papers for 
foreigners, entering fictitious names on the reg- 
ister of voters, organizing "repeaters" and vo- 
ting them on election day. The effective ma- 
chine in a city or state is directed by one man 
known as the party "boss," who controls the 
organization. He directs all the forces, super- 
intends the collection and disbursement of 
funds; to him all members of the machine 
render obedience. If at any time the boss fails 
to command obedience he must give place to 
one who can. Where the entire state comes 
under machine control there is usually some 
great and dominant industrial interest which 
furnishes the sinews of war to the state party 
boss. In California, for illustration, it was the 
Southern Pacific Railway, which for many 
years exerted its powerful influence upon the 
government of the state. In Pennsylvania it 
has been a combination of railway, mining and 
manufacturing interests which has changed the 
Republican and Democratic and Progressive 
parties of the state into political machines, 
leaving the Keystone state no effective 
instrument of enlightened popular sentiment. 
A striking characteristic of the machine meth- 
od is a tendency to destroy the distinction be- 
tween the two parties. When machine meth- 
ods are perfected the two party organizations 
become practically identical in aim and meth- 
od; that is, are controlled by the same inter- 
ests, but never by the same boss. They fre- 



384 



MACON, NATHANIEL— MAGNA CHARTA 



quently exist as a conspiracy to shut out the 
people from control of their government in 
matters of vital interest. In that case 
party conflicts are a mere humbug 
maintained for purposes of deception. 
Some of the characteristics of machine meth- 
ods appear throughout the country, but- for- 
tunately in no state have they reached such 
development as entirely to displace legitimate 
party organization. 

See Boss axd the Boss System of Party 
Organization ; CoioiiTTEEs, Paety ; Spoils 
System; and under Pakty. 

References: J. Bryce, Am. Commonwealth 
(4th ed., 1910), II, ch. lxviii; M. Ostrogorski, 
Democracy and the Organization of Political 
Parties ( 1902 ) , II, Pt. VI, ch. vi-vii ; J. Macy, 
Party Organization and Machinery (1904) ; 
"How the Republicans Work for Votes" in Re- 
view of Reviews, 1900; H. J. Ford, Rise and 
Growth of Am. Politics (1898), 301, 313 et 
seq.; C. A. Beard, Readings in Am. Government 
and Politics (1911), 127; C. L. Jones, Readings 
on Parties and Elections (1912), 193-196, 327- 
334; T. Roosevelt, "Machine Politics in New- 
York City" in his American Ideals (1897). 

Jesse Macy. 

MACON, NATHANIEL. Nathaniel Macon 
(1757-1837) was born in Warren county, N. C, 
December 17, .1757. In 1777 he enlisted 
in the American army as a private, and served 
until 1782. He then, at the urgency of Gen- 
eral Greene, left the army to accept an elec- 
tion to the North Carolina senate, of which 
he continued a member until 1785. He was a 
strong opponent of the proposed Federal Con- 
stitution, arguing against it on extreme Anti- 
Federalist grounds. In 1791 he was elected to 
Congress as a Republican, and sat contin- 
uously in the House until 1815. As Speaker 
from 1801 to 1806, he was the first incumbent 
of that office to realize its influence upon legis- 
lation. The office of Postmaster General was 
twice offered him by Jefferson, and declined. 
He voted for the embargo and the War of 
1812, but in other respects his attitude was 
that of an extreme strict constructionist. 
From 1815 to 1828 he was a member of the 
Senate, and from 1825 to 1827 president pro 
tempore. In the election of 1824 he received 
the 24 electoral votes of Virginia for the vice- 
presidency, the vote of his own state for that 
office being given to Calhoun. In 1835 he was 
a member of the North Carolina constitution- 
al convention. He died in Warren county, 
June 29,. 1837. See Speaker of the House. 
References: W. E. Dodd, Life of Nathaniel 
Macon (1903) ; M. P. Follett, The Speaker of 
the Eouse of Representatives (1896) ; J. P. 
Branch, Historical Papers of Randolph- Macon 
College (1901-1905), I, II. W. MacD. 

MAD ANTHONY WAYNE. Mad Anthony 
Wayne is a nickname given to General Anthony 



Wayne by his soldiers during the American 
Revolution, because of his impetuous valor, of 
which his exploit at the attack on Stony Point 
is a typical example. O. C. H. 

MADISON, JAMES. James Madison (1751- 
1836), fourth President of the United States, 
was born at Port Conway, Va., March 16, 
1751. He entered public life as a member of 
the Virginia constitutional convention in 1776, 
and in 1780 became a member of the Continen- 
tal Congress, where he sat until 1784. For 
the next four years he was a member of the 
Virginia assembly. In 1787 he was again 
elected to Congress, serving also as a member 
of the Federal Convention. He was the prin- 
cipal author of the Virginia plan submitted to 
the convention, and kept an invaluable record 
of the debates. Later he joined Hamilton and 
Jay in writing the Federalist, twenty-nine of 
the papers being from his pen. He was elected 
to the first House of Representatives as a Fed- 
eralist, defeating James Monroe, and retained 
his seat until 1797; but his opposition to much 
of Hamilton's financial policy, together with the 
influence of public opinion in Virginia, led 
him into opposition, and he presently helped to 
form the Republican party. He was the 
author of the Virginia resolutions of 1798, and 
of the nullification report of 1800. In 1801 
he became Secretary of State, and in 1808 
was elected President, being reelected to the 
latter office in 1812. He died at Mont- 
pelier, Va., June 28, 1836. See Fedeeal 
Convention; Republican Paety. References: 
G. Hunt, Life of James Madison (1902), Ed., 
James Madison's Writings (1900-1710) ; W. C. 
Rives, Life and Times of James Madison 
(1859-68); S. H. Gay, James Madison (rev. 
ed., 1898); H. Adams, Hist, of the U. S. 
(1889-91). W. MacD. 

MAGNA CHARTA. The great charter 
granted by King John (1215) has been a 
theme of orators and politicians in all periods 
of English history, partly, writes McKechnie, 
because of the dramatic background of its his- 
torical setting, but chiefly because it has been 
from its inception down to the present day a 
rallying cry and a protecting bulwark in every 
crisis which threatened to endanger national 
liberties. Maitland describes it as an "in- 
tensely practical document." It has been fre- 
quently reissued and confirmed. Its provisions 
are numerous; and some have fallen into 
desuetude. It confirmed many liberties to the 
church and redressed many grievances in- 
cident to feudal tenures. It protected the sub* 
ject from illegal distresses for debt or service 
due to the Crown, and from the tyrannical 
abuse of the prerogative of purveyance and 
preemption and, lastly, wrote Blackstone, it 
protected every individual of the nation in 
the free enjoyment of his life and liberty and 
his property unless declared to be forfeited 



385 



MAGNETIC STATESMAN— MAIL SUBSIDIES 



by the judgment of his peers or by the law of 
the land. It was of vital importance in the 
seventeenth century as a powerful instrument 
in the hands of the popular leaders of the 
House of Commons when waging the battle of 
constitutional freedom against the Stuart dy- 
nasty. Reference: W. S. McKechnie, Magna 
Charta (1805). E. P. 

MAGNETIC STATESMAN. A sobriquet 
given to James G. Blaine {see) in recognition 
of his attractive and engaging presence, and 
his personal magnetism. The term magnetic 
was perhaps first used in a characterization of 
Blaine by Thaddeus Stevens (see), January 5, 
1865. 0. C. H. 

MAHAN, ALFRED THAYER. Alfred Thay- 
er Mahan (1840- ) was born at West Point, 
N. Y., September 27, 1840. In 1859 he grad- 
uated from the United States Naval Academy 
at Annapolis, and in 1861 was commissioned 
lieutenant. He was stationed at the Naval 
Academy in 1862-63, but during the rest of 
the Civil War was in active service. In 1872 
he became commander, and in 1885 captain. 
He was president of the Naval War College 
at Newport, R. I., from 1886 to 1889, and 
again in 1892-93. In 1896 he was made rear- 
admiral, and retired at his own request; but 
he served as a member of the naval war board 
in 1898, during the war with Spain. In 1899 
he was a delegate to the peace conference at 
The Hague. His numerous books on naval 
history have done much to revolutionize the 
study of naval operations, and to mould pub- 
lic opinion and government action, in this 
country and abroad, on questions of naval 
policy. His best known writings are: In- 
fluence of Sea Power on History (1890) ; The 
Interest of the United States in Sea Power 
(1897) ; Lessons of the Spanish War (1899) ; 
Sea Power in its Relations to the War of 1812 
( 1905 ) . See Officees, Military and Naval ; 
Sea Power. References: J. D. Long, New Am. 
Navy ( 1903 ) ; F. W. Holls, Peace Conference 
at Tlve Hague (1899) ; J. H. Latane, Am. as a 
World Power (1907). W. MacD. 

MAIL MATTER, CLASSIFICATION AND 
RATES. For purposes of determining charges 
and conditions of service, all mail matter is 
divided into four pay classes and two free 
classes. The pay classes are known as first 
class, second class, third class and fourth class. 

The first class includes official postal cards 
and private mailing cards (officially known as 
"post cards"), the rate for which is one cent 
each, and letters and other sealed matter the 
rate for which is two cents for each ounce or 
fraction. "Drop letters" at rural post offices 
not involving free delivery may be mailed at 
one cent each. 

The second class includes newspapers and 
periodicals. Here the charge varies according 



to the conditions under which the matter is 
mailed: if mailed by the publishers in bulk, 
the rate is one cent per pound; if mailed sin- 
gly, one cent for each four ounces or fraction; 
if mailed for delivery within the county, the 
service is free. 

The third class includes all other printed 
matter, and the rate is one cent for each two 
ounces. 

The fourth class includes all mailable matter 
not included in the other three classes, and the 
rate is one cent for each two ounces. 

The two free classes consist of "penalty 
mail," i. e., mail carried for the government; 
and franked mail, i. e., mail carried for mem- 
bers of Congress. 

The classification of mail matter, and the 
determination of the rates that shall be paid, 
constitute one of the problems of postal ad- 
ministration that is always present. Rate 
schedules satisfactory when established may 
easily become unsatisfactory on account of 
changes in economic conditions or the character 
of the service rendered. At the present time 
interest in respect to this matter centers 
around three special points: (1) simplifica- 
tion of the present extremely complicated sys- 
tem of classification and rates; (2) reduction 
of the rate on first class matter to one cent 
for each ounce; (3) readjustment of rates 
and conditions of service for second class mat- 
ter. Of these, action in respect to the last 
is deemed to be most urgent. 

See Parcel Post; Postal System of the 
United States; Registration of Mail; Sec- 
ond-Class Mail Matter. 

References: U. S. Official Postal Guide 
(annual) ; Commission on Second Class Mail 
Matter, "Report" in House Docs., 62 Cong., 2 
Sess., No. 559 (1912). 

W. F. WlLLOUGHBY. 

MAIL SUBSIDIES. Ocean mail subsidies 
date, in the United States, from the law of 
March 3, 1845, which offered discriminatory 
terms to American shipowners. In 1847 a 
law followed which resulted, in 1850, in a 
contract with the Bremen line and another 
with the Collins Company to carry the mails 
between New York and Liverpool for a subsidy 
of $385,000 per annum, increased (1852-1856), 
to $858,000. In 1858 all contracts for carry- 
ing foreign mail were abrogated. 

The subsidy policy was revived in 1864 with 
an act granting a subsidy of $150,000 per an- 
num for carrying the mails from New York to 
Rio Janeiro. This was discontinued in 1875. 
Under the act of February 17, 1865, a subsidy 
of $500,000 was granted the Pacific Mail 
Steamship Company for monthly mail service 
to Japan and China. In 1872 a contract dou- 
bling the service and subsidy was obtained 
through bribery, which, when discovered, 
caused the abrogation of the second contract, 
and later, in 1877, of the first. 



386 



MAINE 



Revived interest in mail subsidies resulted 
in the Postal Aid Law of March 3, 1891, now 
in force ( 1913 ) . It authorizes five to ten 
years' contracts with American citizens to 
carry the mails in American built, owned, and, 
officered ships. Such ships are ranked in four 
classes; those of 20, 16, 14, and 12 knots an 
hour respectively. The maximum compensa- 
tion of the four classes is $4, $2, $1, and $.66% 
per mile. December 1, 1911, seven contracts 
were in force, all of which were with vessels 
of the third and fourth classes except with 
four from New York to Southampton which 
were of the first class. The total cost of the 
service in 1911, was $1,074,945.29, $240,059.29 
of which represents the excess paid under the 
contracts. 

See Postal System ; Subsidies to Shipping. 

References: Post Master General, Annual Re- 
ports; Secretary of Commerce and Labor, 
Annual Report (1909), 393-442; W. T. Dun- 
more, Ship Subsidies ( 1907 ) ; J. R. Spear, 
Story of the Am. Mercliant Marine (1910) ; 
R. Meeker, History of Shipping Subsidies 
(1905). O.C.H. 

MAINE. Early History. — A settlement 
known as the Popham Colony, was made at the 
mouth of the Kennebec river in 1607. It was 
abandoned, however, the next year. The first 
permanent settlement was made in 1623 at 
Saco. In 1677 Massachusetts acquired title 
by purchase, and thereafter, until Maine was 
admitted into the Union as a state in 1820, the 
general government was administered by Mass- 
achusetts. After 1785 there was continual 
agitation in favor of separation and in 1819, 
by popular vote, an act of separation was car- 
ried. A constitution was prepared by a con- 
vention and ratified by the people in town 
meetings. Congress, on March 3, 1820, passed 
the act declaring Maine to be one of the United 
States of America, admitted in all respects 
whatever on an equal footing with the original 
states. 

Government. — Maine has had but one con- 
stitution and this has not been revised since 
its adoption. Ten amendments have been 
added. There is no lieutenant-governor. The 
president of the senate assumes the duties of 
governor in case of vacancy. There is a "coun- 
cil" "to advise the Governor." There are 
seven members in the council, chosen by the 
joint ballot of senators and representatives. 
The "declaration of rights" and the articles on 
electors, distribution of powers, and duties 
of officers do not differ essentially from similar 
articles in other constitutions. One article 
provides for a fully organized militia and an- 
other entitled "literature" authorizes the legis- 
lature to endow schools, academies and col- 
leges. 

Most of the functions of local government 
are performed by "the town." There are com- 
paratively few cities in Maine and such as 



there are are outgrowths of towns, there being 
no necessary connection between the number of 
inhabitants and organization under a city 
charter. The "inhabitants" of towns are a 
corporate body and the annual town meet- 
ing, in which all qualified voters may par- 
ticipate, is one of the best examples of democ- 
racy. Aside from seventeen cities and three 
hundred and ninety-six towns there are seven- 
ty-eight "plantations" and one hundred and 
thirty-one "unorganized places" under the 
names of plantations, grants, surpluses, gores, 
tracts. The term plantation used by the earli- 
est settlers in many of the colonies meant 




Boundaries oe the State of Maine- 

originally "settlement" but long ago ceased to 
be used except in Maine where it still desig- 
nates a political subdivision inferior to town. 
The other terms mentioned above are survivals 
of terms used in colonial times. The county 
in Maine serves certain judicial and executive 
purposes for the town and the state but is un- 
important politically in comparison with 
either ( see Town-County System ) . The state 
officially devotes much attention to the devel- 
opment of "summer business." An elaborate 
system of laws has been enacted for the pro- 
tection of fish and game. The general adminis- 
tration of these laws is committed to a com- 
missioner of sea and shore fisheries and a 
"board of commissioners of inland fisheries and 
game." 

Constitutional Prohibition.— Throughout the 
greater part of the history of Maine as a 
state the agitation of the "liquor question" 
has been a potent influence both politically and 
socially. From 1846 to the present time al- 
most every legislature has enacted or discussed 
some measure relating to prohibition. In 
1884 the principle of prohibition was put into 
a constitutional amendment. Since that time 
the legislature has been able only to discuss 
and enact methods for enforcement, or to pro- 



387 



'MAINE" 



pose a resubmission of the subject to the peo- 
ple. The Democrats have frequently used 
"resubmission" as a campaign slogan although 
many Republican believers in prohibition have 
favored resubmission believing that by such 
means prohibition would be again confirmed. 
In September, 1910, for the first time in over 
thirty years the Democratic party carried the 
state election, and the legislature of 1911 pro- 
posed the repeal of the amendment of 1884. 
This was voted upon in September of 1911 and 
the amendment was sustained by a small ma- 
jority — 758 (see Liquor Legislation; Pro- 
hibition ) . 

Amendment to Constitution. — Until 1880, ac- 
cording to the constitution a majority of votes 
was necessary for the election of governor. 
At the election in September, 1878, no candi- 
date for governor received a majority of the 
popular vote, hence the governor was chosen 
by the legislature. The largest number of 
votes had been cast for the Republican candi- 
date, the next largest for the candidate of the 
new Greenback party. The legislature elected 
the Democratic candidate who had received not 
many more than one-fifth of the people's votes. 
This led to the very peculiar situation in 1880 
which caused an amendment to the consti- 
tution, and which is known in Maine history 
as the "count out" or "state steal." Again 
in 1879 no gubernatorial candidate received a 
majority. The Democratic governor elected by 
the legislature in the previous year was still 
in office and he and his council were to pass 
upon the certificates of election of the mem- 
bers of the legislature. By the governor and 
council a majority of Fusionists were certified 
to both the senate and house. A number of 
other persons presented themselves in each 
house who appeared upon the face of the re- 
turns to be elected. The two factions each at- 
tempted to organize as. the rightful legislature. 
The state house was besieged and defended, 
and for a time it seemed likely that blood 
would be shed. A week after the constitutional 
day for meeting a legal organization was ef- 
fected, and the Republican candidate for gov- 
ernor, who had received a plurality of the 
popular vote was elected by the legislature. 
In 1880 an amendment to the constitution pro- 
vided that a plurality should elect a. governor 
as well as other officers. 

Schools. — In addition to local support, the 
common schools receive from the state the pro- 
ceeds of a mill tax and the interest from a 
permanent school fund. The money is appor- 
tioned among the towns according to their 
population of school age. To encourage towns 
to engage competent superintendents a law 
provides that where two or more towns join 
in engaging a school superintendent the state 
will pay one-half the salary up to a specified 
amount. Many towns have availed themselves 
of this provision, greatly to the advantage of 
the schools. 



Institutions. — The state institutions are: two 
hospitals for the insane; a state prison; two 
reform schools, one for boys and one for girls; 
a military and naval orphan asylum; a state 
university and six normal schools; a school for 
the deaf; and a school for the feeble minded. 
While the above are regular state institutions 
and must receive state support, they have not 
been as generously provided for as they deserve 
because of a large number of other institutions 
of a public nature, but under private manage- 
ment, which receive regular or frequent appro- 
priations from the state treasury. Among 
these may be named hospitals, agricultural 
societies, and fairs, and various benevolent or- 
ganizations, and many academies. The militia 
{see) is supported by a fractional mill tax 
and the towns are assisted in making good 
roads by receiving from the state one-half of 
the money annually expended up to a specified 
amount. 

It will be observed that Maine still retains 
many of the details of government of colonial 
times. Some of these lead to inconvenience in 
view of more modern conditions, for, although 
the state is a part of New England, her terri- 
torial extent and physical conditions make her 
more like some of the newer western states. 

Parties.— From 1856 to 1911, except for 
brief periods and 1880, the Republican party 
was in control of the state government. In 
1912 the entire electoral vote was ca,st for the 
Democratic presidential candidate. 

See Constitutions, State; State Govern- 
ments, Characteristics of. 

References: W. MacDonald, Government of 
Maine ( 1902 ) ; W. D. Williamson, Hist, of the 
State of Maine (1832) ; Maine Register (bien- 
nial) ; F. N. Thorpe, Federal and State Consti- 
tutions (1909), III, 1619-1668. 

George E. Fellows. 

"MAINE." February 15, 1898, the United 
States ship Maine, a second class battle- 
ship, was blown up at her moorings at Hav- 
ana, Cuba, with a loss of life amounting to 
266 of the 355 persons on board. A naval 
court of inquiry reported that the destruction 
of the ship was due to the explosion of her 
magazines, caused by that of a mine under 
her bottom. A Spanish board of investigation 
attributed the disaster to an internal explo- 
sion. When war followed, destruction of 
the Maine was among the causes held to justify 
intervention in Cuban affairs. The submerged 
portion of the wreck was surrounded by a 
coffer-dam and uncovered in December, 1911, 
when an examination of the structure by a 
board of officers of the Navy and Army of the 
United States confirmed the previous finding 
and fixed the point at which the external ex- 
plosion took effect. The hull of the Maine was 
then towed to sea and sunk with appropri- 
ate ceremonies. See Cuba and Cuban Di- 
plomacy; Spain, Diplomatic Relations 



388 



MAINE LAW— MAJORITIES, THEORY OF 



with; Teller Resolutions; Waes of the 
United States. References: J. D. Richard- 
son, Messages and Papers of the Presidents 
(1899), X, 136-139, 148, 153, 155; C. D. Sigs- 
bee, Personal Narrative (1899) ; U. S. Navy- 
Department, Appendix to Report of Bureau of 
Navigation (1898), 11-18; Sen. Docs., 55Uong., 
2 Sess., No. 207 (1898); Sen. Reports, 55 
Cong., 2 Sess., No. 885 (1898); House Docs., 
62 Cong., 2 Sess., No. 310 (1911). 

C. G. C. 

MAINE LAW. The usual term applied to 
the prohibitory law of the state of Maine, first 
passed in 1851. This was the first state pro- 
hibition law. An amendment to the constitu- 
tion in 1884 prohibited the manufacture and 
sale of intoxicating liquors except the sale 
for medicinal and mechanical purposes and 
the arts, and required the legislature to enact 
laws necessary for its enforcement. The sheriff 
and county attorney are chiefly responsible for 
the law's execution. While nullification of the 
law is prevalent in many large towns and cit- 
ies, the repeal of the amendment was rejected 
in 1911 by a vote of 60,853 to 60,095. See 
Liquor Legislation ; Prohibition; Reference: 
W. MacDonald, Government of Maine (1902), 
159-162, 240. O. C. H. 

MAINTENANCE OF ORDER. See Order, 
Maintenance of. 

MAJORITIES, THEORY OF. Origins.— The 
simple doctrine that the will of the majority 
in an assembly or at a popular election should 
prevail is a relatively recent development in 
the history of political institutions. It was 
applied in its absolute and relative form in the 
late Roman assemblies, but it was only by slow 
process that it came to be generally accepted 
among Teutonic peoples — so tenaciously did 
they adhere to the principle of unanimous ap- 
proval. The doctrine received its extreme form 
in the hands of the Rousseau and the French 
publicists. To Rousseau the will of the major- 
ity was the general will — la volonte generate 
— and the general will was always right and 
tended always to public good. The principle 
is also vaguely maintained in American polit- 
ical theory. Majority rule, even in democratic 
countries, is in practice, however, hedged aboat 
by many limitations. The principle of relative 
or absolute majority rule was accepted in the 
American colonies in elections and in assem- 
blies; but the popular majorities in legislative 
assemblies were subject to royal veto and in 
the provincial colonies to the control of the 
governor's council. On the eve of the Ameri- 
cas Revolution, therefore, simple direct ma- 
jority rule may be said to have existed only 
in Connecticut and Rhode Island where the 
entire government was elective. But even in 
these two provinces the veto power of the 
crown was always potential. During the Rev- 



olution, however, the doctrine of majority rule 
received a great impetus. The Declaration of 
Independence spoke of governments deriving 
their just powers from the consent of the gov- 
erned, and the right of the people to alter, 
abolish, and institute new forms of govern- 
ment; but it apparently was nowhere conceded 
that a temporary and bare majority had the 
moral right to override minorities without con- 
sideration. Indeed, the Declaration of Inde- 
pendence particularly stated that governments 
long established should not be changed for light 
and transient causes. Nevertheless, under the 
Articles of Confederation {see) the electors of 
the several states were able to apply the simple 
majority principle with less effective control 
than at any other time in our history. 

Under Federal Constitution. — It was under 
the influence of the experience acquired during 
the period of the Confederation that the frarn- 
ers of the Constitution elaborated their sys- 
tem of checks and balances, and judicial con- 
trol, which was primarily designed as a coun- 
terweight to the direct rule of majorities in 
state legislatures and in Congress. The for- 
mer were laid under several specific limitations 
by the Federal Constitution and these limita- 
tions are enforced against the acts of state 
legislatures (no matter by what majority they 
are passed). In Congress the majority prin- 
ciple is not applied throughout. The majority 
party in the House of Representatives by no 
means always represents a majority of the 
voters, owing to the practical workings of the 
system of district elections; and the House 
of Representatives is checked by the Senate 
for which states, not numbers, form the basis 
of representation. Under the system of electing 
the President, it is possible for a man who has 
received a minority of the popular vote to be 
elected. In the making of treaties two-thirds 
of the Senators present must concur. In our 
national nominating conventions {see) owing 
to the practice of apportioning the delegates 
among the states on the basis of congressional 
representation, not of party vote, the majority 
of delegates necessary to choice need not be 
representative of the majority of the members 
of the party. In the Democratic convention, 
the rule that the nominees must receive a 
two-thirds vote is regularly applied and the 
method of distributing delegates is thus par- 
tially offset. , * 

The diversity in the terms of the members 
of the House, the Senators, and the President, 
and the independent position of the judiciary 
prevent even a large majority of the voters at 
any single election from securing control of 
all branches of the government. The method 
provided for amending the Federal Consti- 
tution, requiring the ratification of three- 
fourths of the states, makes it possible for an 
insignificant minority to block the will of an 
undoubted majority. Even when a party has. 
in the course of time secured the executive and 



389 



MAN OF DESTINY— MANDAMUS 



legislative branches of the Federal Govern- 
ment it has to reckon with the Supreme Court. 
In the power of the judiciary to declare acts 
of Congress invalid lies the chief safeguard of 
the rights of minorities against majorities. 

In the States. — In the state governments 
may be observed in some respects a trend away 
from the direct majority rule which obtained 
in the early legislatures. Although in general 
the principle of majority rule has been extend- 
ed by increasing the number of elective offices 
and the transformation of an appointive judi- 
ciary into an elective judiciary, the more equi- 
table apportionment of representation and the 
adoption of the initiative and referendum, the 
rights of minorities, however, are still safe- 
guarded. The governor is given the veto power 
which in many cases can be overcome only by 
an extraordinary majority in the legislature. 
•The legislative power is further curtailed by 
extensive constitutional limitations. Further- 
more, the state legislatures are subject to judi- 
cial control under the Constitution of the Unit- 
ed States. 

General Principles. — In reviewing the politi- 
cal institutions of the United States it is ap- 
parent that the doctrine of majority rule is by 
no means universally accepted. Indeed, the 
constitution of Kentucky (1890) embodies the 
declaration that "Absolute and arbitrary power 
over the lives and liberty and property of free- 
men nowhere exists in a republic even in the 
largest majority." Many leading American 
statesmen have taken the ground that there are 
inherent personal and property rights which 
are above and beyond the reach of the govern- 
ment. Rufus Choate declared in the constitu- 
tional convention of Massachusetts in 1853, 
that : 

Our political system, while it is purely and in- 
tensely republican, within all theories aims to 
accomplish a two-fold object, to wit, liberty and 
security. To accomplish this two-fold object we 
have established a two-fold set of institutions and 
instrumentalities— some of them designed to de- 
velop and give utterance to one ; some of them 
designed to provide permanently and constantly 
for the other ; some of them designed to bring out 
the popular will in its utmost intensity of utter- 
ance ; some of them designed to secure life and 
liberty and character and happiness and property 
and equal and exact justice against all will and 
all power. 

This doctrine received judicial sanction at 
the hands of the Supreme Court of the United 
States in the case of Loan Association vs. To- 
peka (20 Wall. 655) in which Mr. Justice 
Miller said: 

It must be conceded that there are some rights 
in every free government beyond the control of 
the state. A government which recognized no 
such rights, which held the lives, the liberty, and 
the property of its citizens subject at all times to 
the absolute disposition and unlimited control of 
even the most democratic depository of power, is 
after all but a despotism. It is true it is a 
despotism of the many, of the majority if you 
choose to call it so, but it is none the less a 
despotism. It may well be doubted, if a man is 
to hold all that he is accustomed to call his own, 
all in which he has placed his happiness, and the 
security of which is essential to his happiness, 



390 



under the unlimited dominion of others, whether 
it is not wiser that this power should be exer- 
cised by one man than by many. The theory of 
our governments, state and national, is opposed to 
the deposit of unlimited power anywhere. 

Stated in its baldest form this is an anarchi- 
cal theory because it declares that in certain 
fundamental matters the individual is to be 
protected absolutely against all state inter- 
ference, no matter how great the majority be- 
hind it. A sounder view would hold that while 
the great rights of individuals should not be 
put at the mercy of small and temporary ma- 
jorities, no rights are so sacred as to require 
protection against the deliberately ascertained 
and mature will of an undoubted majority. 
The practical problem is to determine how and 
under what circumstances this deliberate will 
is to be ascertained. Many astute statesmen 
believe that it is best to leave the question to 
an independent judiciary removed from direct 
partisan control and not attempt to settle it by 
too definite constitutional provisions. Under 
this judicial control, our leading publicists and 
authorities contend, majorities are more effec- 
tively controlled than in any country in the 
world. Only where the extreme form of initi- 
ative (see), referendum (see), and recall (see), 
is adopted do we find the government of a com- 
monwealth for practical purposes in the hands 
of a simple majority at the polls; and the 
Oregon practice of permitting a majority of 
those voting on a particular referendum to 
decide really vests the government in the hands 
of a plurality. Nevertheless, it must be re- 
membered, the commonwealths which have 
adopted these newer institutional devices of 
democracy are subject to the control of the 
federal judiciary. 

See Bills of Rights; Checks and Bal- 
ances; Liberty, Civil; Minorities, Rights 
of. 

References: The Federalist, No. 10; C. A. 
Beard, Am. Gov. and Politics (1910), ch. viii; 
T. M. Cooley, Principles of Constitutional Law 
(7th ed., 1903) ; E. Boutmy, Studies in Const. 
Law (English trans., 1891). 

Charles A. Beard. 

MAN OF DESTINY. A title bestowed upon 
Grover Cleveland (see), then governor of New 
York, at a banquet in the spring of 1883, by 
Congressman Farquhar who introduced Cleve- 
land as the "man of destiny" in consideration 
of his rapid rise and future prospects; given 
currency by the newspaper press, especially 
during the campaign of 1884. O. C. H. 

MAN OF THE REVOLUTION. An affection- 
ate nickname bestowed by the American people 
upon Samuel Adams (see) because of the lead- 
ing part which he played in bringing about the 
War of Independence. O. C. H.. 

MANDAMUS. "A command issuing from a 
common law court of competent jurisdiction, 



MANDATORY STATUTES— MANILA 



in the name of the state or sovereign, directed 
to some corporation, officer or inferior court, 
requiring the performance of a particular duty 
therein specified, which duty results from the 
official station of the party to whom the writ 
is directed, or from operation of law." Ref- 
erence: J. L. High, Extraordinary Legal Rem- 
edies (3d ed., 1896), § 1. H. M. B. 

MANDATORY STATUTES. Those which 
imperatively require strict obedience. Acts 
done in violation or disregard of the provisions 
of such statutes are absolutely void. See Di- 
rectory Statutes. H. M. B. 

MANIFEST DESTINY. This phrase is com- 
monly understood to mean that it manifestly 
is the destiny of other parts of the two Ameri- 
can continents, but particularly of North 
America, to be annexed to the United States. 
The phrase was in use as early as about 1845. 
See Annexations to the United States; 
Foreign Policy of the United States; Latin 
America; Monroe Doctrine. A. B. H. 

MANIFESTS OF VESSELS. The master of 
every vessel before clearing for a foreign port 
must deliver to the port collector under oath 
"a manifest of all the cargo on board the same, 
and the value thereof." The form is prescribed 
by the law of April 29, 1902, to contain a rec- 
ord of ports where cargo was laden, name of 
vessel and master, port of destination, whether 
packages or articles are in bulk, contents or 
quantities, and the value at the port of ex- 
portation of the vessel's entire cargo. Before 
sailing, the master must secure the vis4 of the 
consul of the country of destination. Vessels 
engaged in the coastwise trade are not required 
to deliver manifests, unless they clear from 
one coastwise district to another. 

The individual shippers or consignors of 
cargo to foreign countries are also required 
to make out sworn shippers' manifests showing 
the value of the cargoes or part cargoes, and 
the kinds and quantities of articles shipped. 

Inward vessel manifests are required on all 
merchandise imported into the United States 
from abroad, and must contain the name of the 
ports where the merchandise was laden, the 
name, description, tonnage, build and home 
port of the vessel, name of master and 
owners, description of the merchandise, names 
of consignees unless consigned to order, name 
and -class of consignors, and an account of 
the sea-stores remaining on the vessel. They 
are signed by the master and contain the vise 
of the American consul located in the country 
in which the cargo was shipped. 

See Tariff Administration; Vessels, En- 
try and Clearance of. 

References: U. S. Treasury Department, 
Navigation Laios of U. 8. (1911) ; E. R. John- 
son, Ocean and Overland Watef Transportation 
(1905), ch. v. Grover G. Huebner. 



MANILA. The city of Manila, capital of 
the Philippine Islands, is situated on the Bay 
oj. Manila, 32 miles from the entrance, at the 
mouth of the Pasig River. The Spanish city 
was founded by Miguel Lopez de Legaspi on 
June 24, 1571, on the site of a native city, and 
became the capital of the Spanish possessions. 
Later it was surrounded by a strong wall and 
defended by Fort Santiago and other forts. In 
1762 the city was taken by the British who 
held it until 1764. On August 13, 1898, the 
city was surrendered to the American forces. 
The population of the city in 1903 (census) 
was 219,928. 

Government. — The present government of 
the city is based upon the act of the Philippine 
Commission of July 31, 1901, No. 183, as 
amended, notably by the act of the Philippine 
legislature of June 18, 1908, No. 1869. As the 
capital and largest city of the archipelago, it 
was not deemed expedient to establish there a 
government similar to the provincial munici- 
palities. Instead, a form was provided which 
recognized the interdependence of the insular 
and municipal governments. The government of 
the city is entrusted to a municipal board com- 
posed of three members appointed by the gov- 
ernor-general, with the advice and consent of 
the commission, one ex-officio member (the city 
engineer ) , and two elected members. A sev- 
enth member may be appointed by the govern- 
or-general to break a tie. A president is des- 
ignated by the governor-general, and each mem- 
ber gives a bond in the sum of 20,000 pesos. 
The municipal board meets every day, except 
Sundays and legal holidays, four members con- 
stituting a quorum. 

The general powers of the municipal board 
include the authority to collect taxes and other 
revenues, control subordinates, make ordinan- 
ces and regulations and fix penalties for their 
violation, provide for the peace, order, safety 
and general welfare of the city and its inhab- 
itants, maintain a police force and police courts, 
enforce the regulations of the insular board of 
health, provide schools, issue municipal li- 
censes, improve streets and other public places, 
maintain waterworks, establish and regulate 
markets and slaughter houses, etc. The admin- 
istrative departments are those of law, fire, 
police, city schools, assessment and collections, 
engineering and public works, sanitation and 
transportation. The city is divided into thir- 
teen districts for administrative purposes. The 
local courts include a municipal court, a jus- 
tice of the peace, and three parts of the court 
of first instance. All appropriations for ex- 
penditure are made by the Philippine Commis- 
sion, upon estimates submitted by the munici- 
pal board, which provides 30 per cent of the 
total amount from the insular treasury. 
Among the local revenues the real estate tax, 
market fees, water rents and municipal licenses 
are important items. In 1910 the total income 
from all sources was 4,824,394 pesos. The in- 



391 



MANITOBA— MANUAL TRAINING 



sular treasurer and auditor serve in those 
capacities for the city, although there is a 
municipal disbursing officer, and the health and 
legal officers act under the direction of the 
insular officials. 

See Philippine Annexation; Philippine 
Islands. 

References: Philippine Commission, Reports 
(1902) to date; Acts of the Philippine Leg- 
islature. P. J. Treat. 

MANITOBA. Manitoba is the central prov- 
ince of Canada, a rectangular area extending 
between the 49th and 53rd parallels of north 
latitude, and the 95th and 101st parallels of 
west longitude. Its total area is 73,732 square 
miles, and its population (1913) is estimated 
to be about half a million. The territory from 
which Manitoba was created in 1870 formed 
part of the patrimony of the Hudson Bay Com- 
pany. It had been originally granted by 
Charles II in 1670 to "The Governor and Com- 
pany of Merchants Adventurers of England 
trading into Hudson Bay," but this company 
did not undertake to exploit the trade of the 
area until the closing years of the eighteenth 
century. Rival companies, moreover, entered 
the field and set forth counterclaims about 
this same time ; but the Hudson Bay Company, 
by amalgamating them, managed to keep its 
monopoly. The Selkirk Company, which was 
its chief competitor, was bought out in 1835. 
In 1869, after prolonged negotiations, terms 
were agreed upon by which the Dominion Gov- 
ernment bought all the territorial claims of the 
Hudson Bay Company, leaving the Company 
in control of its trading privileges. It was 
from the lands so acquired that the province 
of Manitoba was created and given a civil 
government in 1870. Various matters con- 
nected with the transfer of this territory from 
the company to the Dominion gave rise to dis- 
content among the traders and the half-breed 
settlers of the Red River region, and the es- 
tablishment of the new province was immedi- 
ately followed by a rebellion under the leader- 
ship of Louis Riel. This, however, was quickly 
quelled. 

Upon its establishment as a province, Mani- 
toba at once became a member of the Canadian 
confederation. It has a representation in the 
federal parliament consisting of four senators 
and ten members of the House of Commons; 
but this quota is subject to change after each 
decennial census. The government of the prov- 
ince consists of a lieutenant-governor, nomi- 
nated by the governor-general of Canada for 
a five-year term, a small executive council re- 
sponsible to the assembly, and an elective as- 
sembly of forty members. On its admission to 
the union in 1870 the province had a two- 
chamber legislature; but the upper chamber 
was abolished in 1876. In 1911 the province 
had a population of 455,614 and its provincial 
capital at Winnipeg, which has a population 



(1913) estimated to be about 200,000, is the 
largest city of the Canadian West. 

See Canada, Dominion of; Canadian Prov- 
inces. 

References: George Bryce, Manitoba (1882) ; 
Beckles Wilson, The Great Company (1900), 
Life of Lord Strathcona (1902) ; Canadian An- 
nual Review of Public Affairs (Hopkins, Ed.). 
William Bennett Munro. 

MANN, HORACE. Horace Mann was born 
at Franklin, Mass., May 4, 1796, and died Au- 
gust 2, 1859. After his graduation from Brown 
University, he studied law and was admitted to 
the bar in 1823. Four years later, he was 
elected to the Massachusetts legislature where 
he served until his appointment as secretary 
of the state board of education. During the 
period, 1837 to 1848, his great work for the 
public schools of his state was well organized 
and other states were adopting similar courses. 
These reforms had to do especially with the 
procuring of better school buildings, uniform 
text books, founding of normal schools, and 
establishing county teachers' conventions, and 
examinations for teachers' certificates. In 
1848, he succeeded John Quincy Adams in the 
House of Representatives and continued a mem- 
ber of that body from 1848 until 1853. As an 
advocate for anti-slavery, he plead especially 
for the exclusion of slavery, from the terri- 
tories. Failing to be elected governor of Mas- 
sachusetts as the Free Soil candidate, he ac- 
cepted toward the close of 1852 the presi- 
dency of Antioch College, Ohio, and for six 
years had a notable influence on the educa- 
tional development of the old Northwest. See 
Education as a Function of the Govern- 
ment; Massachusetts; Schools, Public, 
Normal. References: B. A. Hinsdale, Horace 
Mann and the Common School Revival in the 
U. 8. (1898) ; M. T. P. Mann, Life of Horace 
Mann (1865). J. A. J. 

MANUAL TRAINING. The term manual 
training is applied to the various forms of hand 
work given in elementary and secondary 
schools. In its broader signification it includes 
the work of both boys and girls, but a narrower 
sense in which it is sometimes used confines it 
to the work of boys, while that of girls is called 
domestic economy, or household arts. Its pur- 
pose is to cultivate the motor senses and thus 
to train to do as well as to think. "Put the 
whole boy to school," was the slogan of its 
earlier advocates in this country. 

As early as 1858 Otto Cygnaeus organized a 
plan of manual training for the schools of 
Finland. Victor Dellavos, the director of the 
Imperial Technical School at Moscow, Rus- 
sia, worked out a system of tool analysis, and 
his report, in 1868, gave impetus and direction 
to tool instruction. In 1872, Sweden provided 
for the establishment of schools for sloyd, 
which was designed to revive interest in the 



392 



MANUFACTURES, BUREAU OF— MANUFACTURING, RELATION OF GOVERNMENT TO 



old-time home industries. The exhibit of the 
Russian schools at the Centennial Exposition 
in Philadelphia in 1876 is usually credited 
with giving first impetus to hand training in 
the United States, though it had some advo- 
cates prior to that time. 

In its earlier beginnings manual training 
was introduced in the high schools, but soon 
began to work its way down into the element- 
ary grades. The first school strictly of this 
character in the country was the St. Louis 
Manual Training School; opened in 1880 as a 
subdepartment of Washington University, it 
served as a model in the establishment of sim- 
ilar institutions. Other schools of this grade 
and character were established in Baltimore, 
Chicago, and Toledo in 1884, in Philadelphia 
in 1885, and in Cleveland and Cincinnati in 
1886. Toledo, in which city classes in cooking, 
sewing, and millinery were organized in 1885, 
was the pioneer in providing hand training 
for girls. By enactment of law in 1885, New 
Jersey was the first to provide state aid to 
schools giving manual instruction. 

From these beginnings manual training has 
now spread to all parts of the country. For 
the first seven years of the past decade the 
United States Bureau of Education, which col- 
lected statistics for those years, reported the 
increase in number of cities in the country 
which gave manual and industrial training 
as follows: 232 in 1901; 644 in 1907. No 
comprehensive and reliable statistics on this 
subject have been published since the latter 
year. Only 26 of the cities reported in 1907 
confined manual instruction to the high school. 

As at present organized in this country, 
manual training comprises instruction by pro- 
gressive steps throughout the public school 
course. For the first four grades some form 
of simple construction work is given both sex- 
es. In the fifth and sixth grades advancement 
is made to cardboard construction, elementary 
bookbinding, thin wood cutting and the like 
for boys, and sewing for girls. The work in 
the seventh and eighth grades usually com- 
prehends bench work involving the use of tools 
for boys, and sewing and cooking for girls. In 
the more elaborately organized manual training 
high schools are to be found freehand and 
mechanical drawing, turning, joinery, pattern- 
making, forging, machine work, and foundry 
work. Much of this instruction in recent years 
has taken a vocational turn. 

See under Education, and Schools. 

References: C. M. Woodward, "The Rise and 
Progress of Manual Training" in U. S. Com'n 
of Educ, Annual Reports, 1894, I, 877-915; 
C. H. Ham, Mind and Hand (1900); Louis 
Rouillion, Economics of Manual Training 
( 1911 ) ; Nat. Educ. Assoc, Addresses and Pro- 
ceedings (1889), 417-430; U. S. Com'n of Edu- 
cation, chapters on "Manual and Industrial 
Training" in Annual Reports (1896-1910). 
Kendric C. Babcock. 



MANUFACTURES, BUREAU OF. A Bureau 
of Manufactures was created by act of 
Congress of February 14, 1903, establishing 
the Department of Commerce and Labor (see 
Commerce and Labor, Department of ) . Its 
purpose was to gather and disseminate in- 
formation concerning markets, domestic and 
foreign, for American manufacturers. The 
Bureau carried on its work by confidential 
correspondence with persons interested in for- 
eign markets, by the preparation and distribu- 
tion of the daily Consular and Trade Reports, 
and by Confidential Circulars on special top- 
ics. Investigations into foreign commercial 
conditions were made by consular officers and 
special agents of the Bureau to furnish infor- 
mation in the form of special monographs to 
domestic manufacturers and orally to com- 
mittees of Congress, especially that on ways 
and means. The Bureau also translated and 
published the customs tariffs of foreign coun- 
tries, compiled the duties charged in various 
foreign countries on specific classes of commo- 
dities, and notified American manufacturers of 
forthcoming international expositions at which 
American products should be exhibited; and, 
in general, facilitated successful competition in 
American foreign markets by manufacturers of 
the United States. In 1912 the Bureau of 
Manufactures was consolidated with the Bureau 
of Statistics to form the Bureau of Foreign 
and Domestic Commerce which carries on the 
functions of both bureaus. See Commerce, 
Department of; Commerce, Movement of; 
Labor, Relation of the State to; Tariff. 
Reference: Department of Commerce and 
Labor, Annual Reports. A. N. EL 

MANUFACTURING, RELATION OF GOV- 
ERNMENT TO. Principle.— Tariff and inter- 
nal revenue laws and those to protect patents 
(see) were among the first to be enacted by the 
Federal Government. With the development of 
industry and the establishment of the factory 
system other regulative measures, not designed 
for revenue, were found necessary. These came 
in the form of factory inspection laws; laws 
regulating the manufacture and inspection of 
food products, and the commerce between states 
in certain manufactured products. This class 
of legislation has been gradually extended by 
the federal and state governments, as well as 
by the laws and regulations governing the 
minor civil divisions, until there are but few 
industrial problems which are not directly or 
indirectly affected by legal requirements. 

The necessity of government interference in 
many branches of industry has apparently be- 
come established as a principle. At the same 
time the laws have developed along well-de- 
fined lines, and while contrary to the doctrine 
of laissez faire, they do not rest upon the as- 
sumption that the government is in loci paren- 
tis to the subjects. They are not entirely con- 
trary to the theory that society will real be 



393 



MANUFACTURING, RELATION OF GOVERNMENT TO 



the best results from the unregulated freedom 
of individual action, but they do violate the 
principle that every individual is the best judge 
of his own needs and interests. 

The employment of large numbers of both 
sexes and all ages in the same rooms in con- 
nection with rapidly revolving and complicated 
machinery made factory inspection imperative. 
The manufacture of a great variety of new food 
products, the development of methods of pre- 
serving such products, and the unsanitary con- 
ditions incident to the unrestrained manufac- 
ture on a large scale, made the food inspection 
laws necessary to the health of the nation (see 
Labor, Protection to ; Inspection as a Func- 
tion of Government ) . 

Source of the Authority. — While the sphere 
of operation of the federal, state and minor 
governments is well denned, the laws of two 
or more of them often affect the same en- 
terprises, and manufacturers frequently have 
to comply with the requirements of laws of 
different governments. 

The most important laws of this class en- 
acted by the Federal Government are: the tariff 
and internal revenue laws; laws for the in- 
spection of food and drugs and the regulation 
of their manufacture; for the regulation of in- 
terstate commerce; for the collection of income 
tax from corporations; for the inspection of 
steam vessels; regulating factory inspection 
and conditions of employment in the territories, 
the District of Columbia and the Insular pos- 
sessions; also the postal regulations {see Rev- 
enue, Internal; Tariff; Tariff Policy of 
the United States). 

From the inception of our government the 
tariff has been recognized as exercising two 
distinct functions, to raise revenue and to pro- 
tect home manufactures. There have been 34 
distinct acts of this character up to and in- 
cluding the act approved August 5, 1909. By 
establishing the tariff board {see) and the 
court of customs appeals (see) this law in- 
augurated a system of collecting information 
which provided a basis for more satis- 
factory regulation. This law also imposes a 
tax on the net income of every corporation, 
joint stock company or association organized 
for profit, and necessarily leads to a close in- 
spection of many manufacturing enterprises 
(see Corporations, Taxes on). 

Taxation of production usually carries some 
regulation of the industry. This is especially 
true of the internal revenue laws which impose 
a tax on the manufacture of distilled and fer- 
mented liquors, stills or worms, oleomargarine, 
process or renovated butter, adulterated but- 
ter, filled cheese, tobacco, cigars, cigarettes, 
snuff, mixed flour, and playing cards. 

The Food and Drugs Act of June 30, 1906, 
makes it unlawful to manufacture within any 
territory, including the insular possessions, or 
the District of Columbia, any article of food 
or drug which is adulterated or misbranded, or 



to ship the same from one state to another. In 
practical operation the law has much more 
potent influence over many branches of manu- 
facture than the factory inspection laws (see 
Chemistry, Bureau of; Drugs, Public Regu- 
lation of; Pure Food). 

One of the chief causes for the Constitution 
was the need for a uniform system of regulat- 
ing commerce among the several states. 
Through these laws Congress has indirectly 
power to regulate manufacture by denying the 
facilities of interstate transportation to com- 
modities not manufactured under conditions 
prescribed by it (see Interstate Commerce; 
Trusts ) . 

The act approved February 14, 1903, and the 
revised statutes governing steamboat inspec- 
tion, contain various provisions controlling 
the manufacture of vessels and the machinery 
for their operation (see Steamboat Inspec- 
tion). 

The Federal Government is the sole author- 
ity for legislation affecting patents. The or- 
ganic patent act of April 10, 1790, was fol- 
lowed by the act of February 21, 1793, which 
defined patents and gave the inventor the full 
and exclusive right and liberty of making, con- 
structing, using and vending to others to be 
used, his inventions and discoveries. Since 
then numerous laws have been enacted and the 
elaborate system regulating applications for, 
and the granting of, patents evolved (see Pat- 
ents ) . 

All of the states now have laws for the in- 
spection of factories and the regulation of con- 
ditions of employment. This class of legis- 
lation is the prerogative of each state and 
there is a great variety of laws touching al- 
most every condition of employment. Many of 
the states have food inspection laws similar to 
the( federal statute (see Labor, Protection 
to). 

The police and other regulations of many 
cities contain provisions affecting manufact- 
urers. 

See Business, Government Restriction 
of; Industry, Relation of the State to; 
Labor, Relation of the State to. 

References: H. C. Adams, "Relation of State 
to Industrial Action" in Am. Econ. Assoc. 
Monographs, No. 6 (1887); S. McC. Lind- 
say, "Reciprocal Legislation" in Pol. Sci. 
Quart., Sept., 1910, 435-457; A. T. Hadley, 
"Government Administration of Industrial En- 
terprise" in Yale Review, Feb., 1896, 398-408 ; 
W. Stanley Jevons, State in Relation to Labour 
(1894) ; T. H. Calvert, Regulation of Commerce 
under the Federal Constitution (1907) ; Leon- 
ard Hand, "Commodities Clause of the Fifth 
Amendment," in Harvard Law Review, XXII 
(1908-9), 250-265; Albert Stickney, State 
Control of Trade and Commerce (1897) ; E. H. 
Downey, History of Labor Legislation in Ioiva 
(1910) ; James B. Cahoon, "State Control of 
Corporations" in Municipal Affairs, IV, No. 



394 



MARBURY vs. MADISON— MARE CLAUSUM 



3 (Sept. 1900), 520-525; Percy Ashley, 
"Municipal Policy and State Control" in Eco- 
nomic/ Journal, XIII (March, 1903), 112- 
120; W. A. Anderson, "Increase of Federal 
Power under the Commerce Clause of the Fed- 
eral Constitution" in Am. Pol. Sci. Assoc, Pro- 
ceedings, V (1908), 74-82; Sarah S. 
Whittlesey, "Tendencies of Factory Legislation 
and Inspection in the United States" in Am. 
Acad, of Polit. and Soc. Sci., Annals, XX 
(July, 1902), 235-253; Jeremiah W. Jenks, 
"The Principles of Government Control of 
Business" in Am. Econ. Assoc, Quart., IX, 
No. 1 (1908), 1-20; J. L. Bishop, Hist, of 
Am. Manufacturers from 1608-1860 (1861- 
64) ; E. B. Bogart, Economic Hist, of the U. 
S. (1908) ; I£. Coman, Industrial Hist, of the 
U. S. (rev. ed., 1910) ; Am. Year Book, 1910, 
1911, 1912. W. M. Steuaet. 

MARBURY vs. MADISON. The case of Mar- 
bury vs. Madison ( 1803 ) is one of the great 
leading cases in constitutional law (1 Cranch 
137) . It was the first of John Marshall's con- 
stitutional decisions and is significant because 
the Supreme Court of the United States here 
exercised clearly the right to declare a law of 
Congress unconstitutional and because the 
principles upon which the court claimed the 
right were definitely set forth. February 27, 
1801, Congress passed an act providing for 
justices of the peace for the District of Colum- 
bia. To one of these positions President Adams 
appointed William Marbury, and the appoint- 
ment was confirmed. The commission, however, 
though signed, was not delivered. Marbury 
applied to the Supreme Court for a mandamus 
directed to James Madison, Secretary of State, 
ordering him to deliver the commission. The 
Court, while declaring that the commission was 
wrongly withheld, refused to issue the manda- 
mus, on the ground that it had no jurisdiction. 
The original jurisdiction of the Court was 
clearly limited by the Constitution, and when 
Congress, in the Judiciary Act of 1789, sought 
to bestow on the court the general power to 
issue a writ of mandamus to public officers it 
acted without authority. 

It is the essential criterion of appellate juris- 
diction, that it revises and corrects the proceed- 
ings in a cause already instituted, and does not 
create that cause. Although, therefore, a man- 
damus may be directed to courts, j^et to issue 
such a writ to an officer for the delivery of a 
paper, is in effect the same as to sustain an 
original action for that paper, and, therefore, 
seems not to belong to appellate, but to original 
jurisdiction. 



That portion of the act purporting to give 
the general authority to the court to issue 
the writ to officers must, therefore, be consid- 
ered void. The Constitution is the supreme 
law, any act of Congress repugnant to the Con- 
stitution is therefore void. "It is, emphatical- 
ly, the province and duty of the judicial de- 
partment," declared Marshall, "to say what 
the law is." In the course of its duty the 

74 395 



court must refuse to recognize as law an act 
conflicting with the Constitution. 

See Courts and Unconstitutional Legis- 
lation; Law, Constitutional, American. 

References: E. Channing, The Jeffersonian 
System (1906), 117-120; J. P. Cotton, The 
Constitutional Decisions of John Marshall 
(1905), I, 3-43. A. C. McL. 

MARCY, WILLIAM LEARNED. William L. 
Marcy (1786-1857) was born at Southbridge, 
Massachusetts, December 12, 1786. He was 
admitted to the bar at Troy, N. Y., and in 
1816 was appointed recorder of that city, but 
was removed because of his opposition to De- 
Witt Clinton. He then became editor of the 
Troy Budget, which he made* an influential 
organ of Van Buren and the "Bucktail" sec- 
tion of the Republicans ; and when the "Albany 
regency" was formed he became a leading mem- 
ber of it. In 1821 he was appointed adjutant- 
general, in 1823 state comptroller, and in 1829 
associate justice of the supreme court. In 
1831 he was elected United States Senator, as 
a Democrat, and was at once made chairman 
of the committee on the judiciary. As Senator 
he made the celebrated declaration that "to the 
victor belongs the spoils of the fray." He re- 
signed his seat in 1833, in response to the de- 
mand of the "Albany regency," to become gov- 
ernor of New York, which office he held until 
1839, when he was defeated by William H. 
Seward. He was 'then appointed one of the 
commissioners on claims against Mexico. He 
was Secretary of War throughout Polk's ad- 
ministration, 1845-49, where he was accused, 
without sufficient cause, of impeding the op- 
erations of Taylor and Scott, who were Whigs ; 
was a prominent candidate for the Demo- 
cratic nomination in 1852, and was later Sec- 
retary of State under Pierce. He died at 
Ballston Spa, N. Y., July 4, 1857. See Demo- 
cratic Party; State, Department of. Refer- 
ences: DeA. S. Alexander, Pol. Hist, of the 
State of N. Y. (1906), II, III; J. D. Hammond, 
Life and Times of Silas Wright (1848) ; J. 
K. Polk, Diary (1910). W. MacD. 

MARE CLAUSUM. That Neptune had re- 
ceived from Jupiter dominion over the sea 
according to early fable seemed sufficient war- 
rant for later rulers of the land to claim the 
inheritance by succession. The idea that the 
dominion of the sea belonged to some earthly 
ruler found sanction in the early writings of 
many nations. The Romans often asserted 
command of the seas as of right. The Vene- 
tians claimed the Adriatic, and their claim was 
for many years acknowledged in the titles, 
"Mistress of the Sea," "Queen of the Adriatic," 
which were much more than figurative. Law- 
yers of Venice maintained that this claim was 
good on the ground of "long prescription of 
possession" and of the marriage ceremony 
annually celebrated by the Duke with the 



MARINE CORPS— MARITIME LAW 



casting of a ring into the waters and the form- 
ula, "We take thee to our wedded wife, 
Sea, in token of a true and perpetual do- 
minion." 

The papal claim to dominion of the sea 
was widely recognized. In the middle ages 
nearly every state having any maritime power 
laid claim to exclusive dominion in some mari- 
time area and compelled obedience to their 
will within that area. 

The discovery of the route around the Cape 
of Good Hope and of the New World led to 
attempts on the part of Portugal and Spain 
to exclude all others from the neighboring 
seas. Elizabeth of England declared this con- 
trary to the law of nations and the Dutch 
maintained the same contention. Grotius, in 
his Mare Liberum of 1609, supported the 
Dutch contention citing the Roman law and 
maintaining that the seas were naturally, like 
the air, for common use. 

James I of England affirmed strongly the 
claims of Great Britain over the neighboring 
seas and was supported by his people, but the 
doctrine was best stated in Mare Clausum, a 
book issued by John Selden in 1635, in 
two parts. In the first, according to the title 
page, "the sea is proved by the law of nature 
and nations, not to be common to all men, 
but to be susceptible of private dominion and 
propriety as well as the land." In the second 
part, it is asserted that "the most serene King 
of Great Britain is the lord and proprietor of 
the circumfluent and surrounding sea, as an 
inseparable and perpetual appendix of the 
British Empire." This book was aimed to 
controvert the position taken by Grotius in 
1609. 

The controversy continued for many years 
always with an increasing tendency to admit 
the freedom of the sea though the claim to 
Mare Clausum reappeared from time to time. 
The United States virtually advanced it in 
the Bering Sea Arbitration of 1893 (see) but 
that position was not sustained by the tribu- 
nal. It may be said that while the claim to 
exclusive jurisdiction over the sea is some- 
times made, it has not met with support in 
recent years; and triumph of the principle of 
Mare Liberum supported by Grotius over the 
doctrine of Mare Clausum is another tribute to 
his masterly genius. 

See High Seas; Three-Mile Limit; Water 
Boundaries. 

References: H. Grotius, Mare Liberum 
(1609); D. A. Azuni, Maritime Lam (1806); 
J. M. Gould, On Waters (1900) ; J. Westlake, 
Int. Law (1904), Pt. I, 161 et seq.; R. Philli- 
more, Int. Law (1879-1888), I, §§ 172 et seq.; 
L. Oppenheim, Int. Law (1912), I, 315 et seq. 
George G. Wilson. 

MARINE CORPS. The Continental Congress 
authorized on November 10, 1775, two battal- 
ions of marines made up of seamen and those 



"able to serve with advantage at sea" — a rule 
which was not maintained when the Navy was 
reorganized in 1794. The corps has had a part 
in all the wars of the United States, and is 
still assigned to service ashore or afloat in all 
parts of the world. Detachments of marines 
were sent to Cuba, China, Nicaragua, and 
Santo Domingo in 1912, while regular garri- 
sons served in the Philippines. During the 
Civil War its enlisted strength reached 6,000; 
but the reduction which took place after 1865 
left it only 75 officers and 2,100 men up to 
1897. After the war with Spain its force was 
doubled; and further increases have made the 
numbers 345 officers and 10,206 men. The pres- 
ent commandant of the corps is a major-gen- 
eral. Of the 55 field officers of the line and 
staff, 30 are graduates from the Naval Acad- 
emy, the remainder including all officers ap- 
pointed since 1899, are from civil life or from 
the ranks. 

The law provides that the marines may 
serve in forts or garrisons ashore or on board 
vessels of the Navy at the discretion of the 
President, being subject to naval regulations 
except when assigned to service with the Army. 
An executive order of November 12, 1908, 
specified their duties as follows: to garrison 
naval stations and serve as the first line of 
defense for those abroad; to guard the Panama 
Canal and to furnish expeditionary forces in 
war. By this order they were withdrawn from 
cruising ships, where 2,700 were then serving 
afloat; but they have been restored to the fleet 
since 1909. There is a school for marine offi- 
cers at Norfolk and an Advanced Base School 
at New London. 

See Army, Standing; Enlistment, Naval 
and Military; Naval Vessels; Navy Yards. 

References: R. S. Collum, Hist, of the U. 8. 
Marine Corps (1903), 20, 96, 167, 350, 373, 
422; W. Pulsifer, Wavy Yearbook, 1912, 644, 
812, and year by year ; U. S. Navy Department, 
Laws Relating to the Navy (1898), 140-158, 
490^92, Annual Reports, 1912, 579-591, Navy 
Regulations, 1909, 347, 358, 367, Navy Regis- 
ter, 1911, 184-197, 280-283; Naval Committee, 
61 Cong., 1 Sess., Hearings on Status of Ma- 
rine Corps (1903), 5, 177, 185, 247, 307, 352. 

C. G. Calkins. 

MARINE HOSPITALS. Institutions kept 
up by the Federal Government for the sailors, 
not only of the Navy, but of the merchant 
marine, who pay a few cents a month, de- 
ducted from their wages as a kind of insur- 
ance. See Health, Public Regulation of;; 
Public Health Service. A. B. H. 

MARINE LEAGUE. See Jurisdiction 
over Waters; Three-Mile Limit. 

MARITIME LAW. See Admiralty and 
Maritime Jurisdiction; Courts, Federal, 
Jurisdiction of. 



396 



MARITIME WAR 



MARITIME WAR. Modernization.— The use 
of steam, the evolution of specially designed 
and costly vessels of war, and the building of 
great navies have so changed the conditions 
under which maritime warfare is conducted a3 
to render obsolete much of the older law upon 
the subject. The convention of the Hague 
Peace Conference of 1907, which sought to es- 
tablish an international court of prize, drew 
attention to the necessity for the formulation 
of rules applicable to modern conditions. The 
conference held in 1908-09 at London, partici- 
pated in by representatives of the principal 
maritime powers, including the United States, 
drew up the so-called Declaration of London, 
which although not yet ratified by all the 
powers signatory to it, is the most authori- 
tative code of rules for the conduct of naval 
war. In the chapters of this Declaration are 
to be found the most recent agreements upon 
such important topics of maritime war as 
belligerent blockade, contraband of war, un- 
neutral service, and the destruction of neutral 
prizes. 

Neutrality. — The adoption of modern notions 
of neutrality has tended to limit the theater 
of war both on land and sea. Maritime war- 
fare is to be carried on only in the waters of the 
belligerents, or upon the high seas beyond the 
marginal waters of any neutral state. The 
waters of a neutral state, like the rest of its 
territory, are not to be used by either bellig- 
erent as the base or scene of warfare. After 
the outbreak of war a neutral state may forbid 
the entry of the ships of the belligerent into 
its ports unless they are forced there by stress 
of weather or unseaworthiness. The modern 
tendency is to restrict the privileges of bellig- 
erent vessels in neutral ports and by a Con- 
vention of the Hague Conference of 1907, a 
belligerent vessel not leaving a neutral port, 
where it has sought refuge from its enemy, 
may be interned and its officers and crew de- 
tained by the neutral state. Ordinarily a bel- 
ligerent ship is not permitted to remain in a 
neutral port for more than 24 hours and to 
take on only enough coal to reach the nearest 
port of its own country. 

Privateering. — With the development of 
modern naval strategy, demanding a special 
type of vessel and a trained naval force, there 
is ordinarily no difficulty in distinguishing be- 
tween combatants and non-combatants. Pri- 
vateering was formally abolished in 1856 by 
the Declaration of Paris, but with the advent 
of heavy naval armaments it would doubtless 
have become obsolete without such action. In 
the war of 1870 protest was made by France 
against the proposed formation by Prussia of a 
volunteer navy as contrary to the Declaration 
of Paris. Russia later organized a volunteer 
fleet composed of merchant-vessels subsidized 
by the Government and to be controlled by it 
during war. Great Britain and the United 
States have pursued a similar policy in the 



maintenance of so-called auxiliary navies. The 
methods of converting merchantmen into war- 
vessels gave rise to much discussion at the 
Hague and London Conferences. The right 
claimed by Russia in 1904 to make such con- 
version upon the high seas was seriously con- 
tested by neutral powers and no agreement up- 
on the matter was reached at the London 
Conference. While enemy merchant vessels are 
subject to capture (small craft engaged in 
coast-fisheries excepted), resistance is permis- 
sible and if unsuccessful the captured officers 
and crew are held as prisoners of war. Unlike 
captured war vessels, which may be destroyed 
at once, enemy merchantmen must be taken to 
a belligerent port there to be adjudicated as 
prize. A neutral ship taken as prize can be 
destroyed only when the safety of the capturing 
ship, or the success of the operations in which 
she is then engaged is seriously jeopardized 
by attempting to take the prize into port. 

Cargoes. — Various rules have been observed 
as to the liability of cargoes to capture. Ac- 
cording to the Consolato del Mar, dating from 
the 13th century or earlier, the test was owner- 
ship. If the cargo was owned by an enemy 
it was capturable, if not it was free even if 
on board an enemy ship. Early decisions of 
the United States Supreme Court followed the 
rule of the Consolato. In its treaty arrange- 
ments the policy of the United States has not 
been uniform. At various times the United 
States has favored the complete immunity of 
private property at sea (contraband of war 
always excepted) and this principle finds ex- 
pression in the treaty with Italy of 1871. 

Code. — No complete code exists for the pros- 
ecution of maritime warfare comparable to 
those of the Hague Conferences for the conduct 
of war upon land. In practice similar rules 
obtain as to strategem, the use of the flag of 
truce, and cartels. The Hague Conference of 
1907 forbade the naval bombardment of un- 
fortified places. The use of torpedoes and 
mines is permitted and although the Hague 
Conference attempted to limit it, the convention 
upon the subject has been criticized as at pres- 
ent impossible of execution. 

See Armed Neutrality; Blockade Procla- 
mation; Blockade Runners; Embargo; 
French Spoliation Claims; Geneva Arbi- 
tration; Neutral Trade; Orders in Coun- 
cil; Right of Visit; War, International 
Relations of. 

References: C H. Stockton, Laics and Usages 
of War at Sea (1900) ; L. A. Atherley- Jones, 
Commerce in War (1907) ; T. G. Bowles, Sea 
Law and Sea Power (1910) ; C. Dupuis, Droit 
de la guerre maritime (1899) ; L. Perels, In- 
ternationales Offentliches Seerecht der Cegen- 
wart (1882, 1903); L. Gessner, Reform des 
Kriegseerechts (1875) ; E. Cauchy, Droit et 
devoirs des nations neutres en temps de 
guerre maritime (2d ed., 1858). 

J. S. Reeves. 



397 



MARKETS, PUBLIC— MARRIAGE AND DIVORCE 



MARKETS, PUBLIC. Municipally owned 
markets are not uncommon in the United 
States and are very general in European coun- 
tries. The courts have held that municipali- 
ties, under their general authority to make by- 
laws for the general welfare of the public, 
may pass ordinances regulating markets, and 
also have held that a city has the right both 
by common law and charter to establish munic- 
ipal markets (see Wartman vs. Philadelphia, 
and Pratt vs. Philadelphia, 22 Penn. 202, 
1859). Recently some cities have established 
municipal markets in an attempt to lower 
prices and affect the cost of living, and in some 
cases such markets have not only lowered 
prices but have proved profitable. Baltimore 
markets, established in 1857, have averaged a 
net annual profit of $13,860 since their start. 
New Orleans leases city markets for $185,000 
a year and operates four, giving a profit of 
$10,000 annually. Boston's markets net 
$60,000 annually. A special census report 
(1905) gives receipts and expenditures for 54 
out of 158 cities in the United States with a 
population of 30,000 or over, showing a profit 
in twenty-five cities. Wholesale terminal mar- 
kets are being advocated in the larger cities, 
New York, Philadelphia, etc. See Cost of 
Living; Pure Food. References: C. L. King, 
A Study of Trolley, Light and Freight Service 
and Philadelphia Markets (1912), Wisconsin 
State Board of Public Affairs, "Cooperation 
and Marketing" in Report on Municipal 
Markets, 1912, Pt. III. S. McC. L. 

MARKETS, REGULATION OF. Besides the 
markets maintained at public expense, there 
are numerous so-called markets which are 
simply public places for the sale of commodi- 
ties, designated by municipal authorities, such 
as hay markets, wood markets, vegetable and 
fruit markets, fish markets, meat markets and 
general markets for food products. In New 
York City, push carts come under the general 
principle of regulation and it is in contempla- 
tion to assign spaces where they can stand un- 
disturbed, or to maintain a license system for 
all push cart peddlers. The right to regulate 
markets is within the police power of cities, 
which may adopt any regulations that are rea- 
sonable and necessary for the preservation of 
the public health. Such regulations must not 
be in restraint of trade nor create a monopoly 



of the right to sell though they may limit or 
prohibit altogether the sale of any particular 
articles. 

Regulation of sales of goods outside of es- 
tablished markets within given areas or at 
particular hours, when reasonable with refer- 
ence to the welfare of the community and not 
in restraint of trade, have been held valid. 
Push carts, in New York City, are subject to 
special regulation and police suspension. 

Recent investigations into the cost of living 
have led to attempts at greater regulation of 
markets in the United States. Thus, Kansas, 
(1907), California, Delaware, Indiana, New 
Jersey, and New York (1911), began the regu- 
lation of cold storage products, subjecting such 
plants to the inspection of state boards of 
health, and requiring cold storage products to 
be marked and tagged with date of entry into 
storage and also date of withdrawal in Indiana 
and New York, limiting the time (6 to 10 
months) of remaining in storage and imposing 
restrictions on retailers of storage products. 
Abroad, especially in English cities, market 
regulations are much stricter and more gener- 
ally enforced, partly by reason of municipally 
owned and operated markets. 

See Business, Government Restriction 
of; Health, Public, Regulation of; Inspec- 
tion as a Function of Government; Mar- 
kets, Public; Police Power. 

References: F. N. Keen, Markets, Fairs and 
Slaughter Houses (1904) ; Massachusetts Com- 
mission on Cold Storage of Food, Report, 
1912. S. McC. Lindsay. 

MARQUE AND REPRISAL. The Constitu- 
tion of the United States grants Congress pow- 
er "to declare war, grant letters of marque and 
reprisal, and make rules concerning captures 
on land and water" (Art. I, Sec. viii, If 11). 
It also declares that no state shall grant letters 
of marque and reprisal ( Art. I, Sec. x, If 1 ) . 
Letters of marque and reprisal are commis- 
sions, issued by a government, authorizing its 
citizens to seize property of the subjects of a 
foreign state. The term is now used of com- 
missions authorizing capture of property at 
sea; in other words to grant these letters is 
to give authority to engage in privateering. 
See Maritime War; Privateers; War, Car- 
rying on; War, International Relations 
in. A. C McL. 



MARRIAGE AND DIVORCE 



Marriage is probably the most important 
human institution with which the state has to 
deal. Legally it is both a contract and a 
status. The United States Supreme Court in 
Randall vs. Kreiger (90 U. S. 147) in 1874, 
says: 



Marriage is an institution founded upon mu- 
tual consent. That consent is a contract but is 
one sui generis. Its peculiarities are very marked. 
It supersedes all other contracts between the 
parties, and with certain exceptions it is incon- 
sistent with the power to make any new ones. 
It may be entered into by persons under the age 
of lawful majority. It can neither be cancelled 



398 



MARRIAGE AND DIVORCE 



nor altered at the will of the parties upon any 
new consideration. The public will and policy 
controls their will. 

Lord Robertson says of the contract of mar- 
riage : 

It confers the status of legitimacy on children 
born in wedlock, with all the consequential rights, 
duties and privileges thence arising ; gives rise to 
the relations of consanguinity and affinity ; in 
short, it pervades the whole system of civil society. 
Unlike other contracts it can not in general, 
amongst civilized nations, be dissolved by mutual 
consent, and it subsists in full force, even although 
one of the parties should be forever rendered in- 
capable, as in the case of incurable insanity, or 
tbe like, from performing his part of the mutual 
contract. No wonder that the rights, duties and 
obligations arising from so important a contract 
should not be left to the discretion or caprice of 
the contracting parties, but should be regulated 
in many important particulars by the laws of 
every civilized country. 

Every modern state now emphasizes the legal 
and secular character of the rights and obliga- 
tions of marriage, and provides state super- 
vision of marriage. Although it may not re- 
quire the performance of the ceremony itself 
to be a civil or state function, a license may 
be a prerequisite to the official ceremony, 
whether civil or religious. The transition 
from an exceptionally one-sided contract which 
prevailed in the regime of wife-capture in prim- 
itive society to the still somewhat one-sided 
contract of church usage, under different forms 
in different countries, and to the more nearly 
equal contractual relationship assumed by the 
modern state, is too complicated even to trace 
briefly here. This history is clearly set forth 
by Professor George E. Howard in his History 
of Matrimonial Institutions. 

Illegal, Void and Voidable Marriages. — Mar- 
riages are illegal when they violate some condi- 
tion or prohibition enacted by law. In the 
absence of statutory regulations, the courts 
have held at common law only that marriages 
of minors below the age of seven for males or 
females, and incestuous marriages are unlaw- 
ful. The prohibited degrees which constitute 
incestuous marriage were derived by the com- 
mon law from previous canon law and deci- 
sions of the ecclesiastical courts, which in 
England regarded marriages between relatives 
in the direct line and in the collateral line to 
the third degree, as prohibited, whether the 
relationship was by the whole or the half blood 
or by marriage or through legitimate or illegi- 
timate birth. A common-law marriage has 
long been recognized by English and American 
courts, when not coming within the prohibited 
degrees, as valid without any ceremony or li- 
cense and merely depending upon the public 
acknowledgment and recognition of the rela- 
tionship of husband and wife. Not all unlaw- 
ful marriages are, however, invalid. The de- 
sire on the part of the state to protect innocent 
parties and especially the rights of children, is 
so great that many apparent legal anomalies 
exist. Marriages are void, that is, have no 
legal effect, confer no marital property rights 
and impose no duties or obligations, when ex- 



pressly so declared by statute and at common 
law when the parties are incompetent. Their 
issue is illegitimate. Such marriages may be 
attacked at any time by any person and a 
decree of annulment by a competent tribunal, 
though desirable, is not necessary. Parties 
are free to remarry in the same manner as if 
marriage had never taken place. The statutes 
in some states make certain marriages void 
only from the time of their annulment. Ordi- 
narily, however, a void marriage when annulled 
is void from the time it was contracted. The 
most common cause which serves to void 
marriage is mental incapacity to contract mar- 
riage, that is, a person not capable of under- 
standing the nature and obligations of mar- 
riage. Voidable marriages are those where 
consent was obtained by fraud or duress, or 
where the parties were not competent to con- 
tract. Children of voidable marriages, how- 
ever, are legitimate and the survivor of a void- 
able marriage is entitled to dower or curtesy. 
The most common cause which renders mar- 
riages voidable is the physical incapacity or 
impotency of one of the parties. Marriages 
of parties above the age of seven but under 
the age of consent, which at common law was 
14 for boys and 12 for girls, are voidable and 
subject to disaffirmance or ratification. The 
terms void and voidable are not used uniformly 
with the same meaning in the statutes of the 
several states. 

Marriage License. — The requirement of a li- 
cense is the most effective means by which the 
modern state exercises civil control and super- 
vision, and secures statistical records of mar- 
riage important in determining social policies 
and protecting the rights of property. The li- 
cense, however, is not the authorization of the 
marriage. Some further ceremony, civil or 
religious, is contemplated, usually the declara- 
tion in the presence of witnesses that the par- 
ties take each other as husband and wife. Thir- 
ty-seven states, however, make legal the 
marriage ceremony of Quakers without being 
performed by or before an officiating person, al- 
though it is a ceremony in the presence of 
witnesses. The proposed Uniform Marriage 
and Marriage License Act, drafted by the Com- 
missioners on Uniform State Laws and recom- 
mended to the several states in 1912, provides 
that marriage may be validly contracted only 
after a license has been issued, application for 
which must be made five days before the li- 
cense is issued, unless, in cases of emergency 
or extraordinary circumstances, an exemption 
is granted by the judge of a court having 
probate jurisdiction. The license shall estab- 
lish the identity of the parties and give, under 
oath, a statement relative to the legality of 
the contemplated marriage, and the date of 
same, the name, relationship, if any, age, na- 
tionality, color, residence and occupation of 
the parties, the names of the parents, guar- 
dians or curators of such as are under the 



MARRIAGE AND DIVORCE 



age of legal majority, any prior marriage or 
marriages of the parties or either of them, 
and the manner of the dissolution thereof. 
The licensing authority is not permitted to 
issue a license if parties are under the mar- 
riageable age of consent as established by law, 
or if between the age of consent and that of 
legal majority as established by law, without 
the consent of the parents, guardian or curator. 
Publication of the application for license is 
required and opportunity offered for the filing 
with a court of probate jurisdiction of a pe- 
tition setting forth grounds of objection to the 
marriage. The proposed uniform statute rep- 
resents the tendency in most states, all of 
which, except South Carolina, require a license. 
Some states have gone farther than the 
uniform statute and attempt through the li- 
cense to regulate public health. Indiana 
(1905) and Washington (1909) have statutes 
prohibiting the issuing of licenses to persons 
without a clean bill of health. The In- 
diana statute requires the license to be uni- 
form throughout the state and to be issued 
only upon information sworn to upon a form 
prescribed by the state board of health, which 
has power to revise and change this form. 
No license may be issued where either of the 
parties is an imbecile, epileptic, of unsound 
mind, or to any male who has been within five 
years an inmate of a county asylum or home 
for indigent persons, unless there is proof that 
the cause of such condition has been removed 
and the male applicant is able and likely to 
continue able to support a family, nor where 
either of the contracting parties is afflicted 
with a transmissible disease or, at the time 
of making application, is under the influence 
of an intoxicating liquor or narcotic drug. 
Such regulations are in the direction of a well 
marked public tendency, but they are extremely 
difficult to enforce. Private effort may be even 
more efficacious. The clergy in some jurisdic- 
tions refuse to marry persons who do not pre- 
sent a medical certificate. In view of the gen- 
eral prevalence of the religious ceremony, such 
a rule would accomplish probably more than a 
state law can do, until public opinion and the 
science of eugenics are further advanced. 

The Uniform Statute provides that no mar- 
riage is rendered void by reason of want of 
authority or jurisdiction in the officiating 
person, if the marriage is in other respects 
lawful and consumated with the full belief on 
the part of the parties that they have been 
lawfully joined in marriage. It is not void 
either by reason of the license having been 
issued without the consent of the parents, 
guardian or curator of a minor, or by an of- 
ficial not having jurisdiction, or by reason 
of any omission, informality or irregularity of 
form in the application for the license, or in 
the license itself, or by reason of the incompe- 
tency of the witnesses, or after the lapse of the 
license usually issued for one year, if the mar- 



riage is in other respects lawful and is con- 
sumated with the full belief on the part of 
the persons so married that they were law- 
fully joined in marriage. With these excep- 
tions, all marriages contracted in violation of 
the requirements of the uniform act, are de- 
clared to be null and void, provided, however 
that the parties to such void marriage may 
validate it by complying with the requirements 
of the act, in which case their children shall 
become legitimate. The chief results of the 
uniform statute would be to abolish common 
law marriages, which already have been de- 
clared void in twelve or thirteen states. Three 
states, Illinois, New York and Washington, de- 
clare marriages without a license void; two 
states, California and West Virginia, re- 
quire both license and proper solemnization, 
otherwise the marriage is void; and in seven 
states, Kentucky, Maine, Maryland, Massachu- 
setts, North Carolina, Oregon and Utah, a mar- 
riage is void unless there has been a proper 
solemnization as required by statute. In some 
states, Maine, Massachusetts and West Vir- 
ginia, notably, marriages are voidable when 
residents of those states, intending to return, 
go into another state to evade the provisions 
of the marriage law. 

Registration of Marriages. — On December 
31, 1906, twenty-five states provided for state 
registration of marriage and made provision 
for a public authority under which the records 
are collected and preserved. This is usually 
the state board of health. Only a few states, 
however, have an effective system of state reg- 
istration. 

Divorce. — The annulment of a marriage, or a 
decree declaring a marriage void, differs from 
a divorce decree in that it does not recognize 
the relationship as having existed, whereas the 
divorce decree is a dissolution or partial sus- 
pension by law of the marriage relationship. 
The term divorce is wrongly applied to a sen- 
tence of nullity. Divorce in popular usage in- 
dicates absolute divorce, in which the bonds 
of matrimony are dissolved, and divorce a 
mensa et thoro, which is a legal separation or 
limited divorce. Practically all divorces in the 
United States are granted by civil courts, al- 
though in a few exceptions (Connecticut, Dela- 
ware prior to 1897) divorces are granted by the 
legislature. In England, the ecclesiastical 
courts practically were the only ones which had 
jurisdiction to grant limited divorce. An abso- 
lute divorce was very unusual prior to 1858, 
and only to be obtained by an act of Parlia- 
ment. No courts of the United States have 
the jurisdiction of the English ecclesiastical 
courts, but only such jurisdiction as is con- 
ferred upon them by statute, and, therefore, 
the causes for divorce and the rules governing 
the incidents are prescribed in the statutes, 
while the rules governing procedure are gen- 
erally those of common law. Forty-one states 
make provision in their constitutions on the 



400 



MARRIAGE AND DIVORCE 



subject of divorce, 24 of them prohibiting the 
legislature from passing local or special laws 
granting divorces. 

Increase of Divorce. — South Carolina alone 
makes no provision for divorce. An alarming 
increase of divorce in this country is revealed 
by the statistics of the Special Census Report 
on Marriage and Divorce, 1867-1906, which 
shows 945,625 divorces granted in the twenty 
years, 1887-1906, as compared with 328,716 in 
the previous twenty-year period, or a rate of 
divorce decade by decade, from 1870 to 1900, 
increasing two to three times faster than the 
population. The number of divorces per hun- 
dred thousand of the population has increased 
as follows: 1870—28, 1880—39, 1890—53, 
1900 — 73. The latter rate, 73 per hundred 
thousand in 1900, may be compared with 32 in 
Switzerland, the European country having the 
highest rate, and 215 in Japan. The marriage 
rate during the same period in the United 
States has remained about stationary, being 
per ten thousand of the population in 1870 — 
98, 1880—91, 1890—91, 1900—93. The lack 
of uniformity in the statutes of the several 
states has been supposed to contribute to the 
increased number of divorces, and it certainly 
has presented very great legal difficulties and 
uncertainties in the status of divorced persons. 
The following table shows the increase of di- 
vorces from 1887 to 1906: 



request the governors of the other states to 
cooperate by sending delegates to a congress 
to meet in Washington for the purpose of dis- 
cussing and adopting a draft of a general law 
to be reported to the legislatures of the several 
states. Forty-two states and territories were 
represented at the congress (Washington, Feb- 
ruary 19-22, 1906), which adopted resolutions 
as follows: first, that no federal divorce law 
was feasible and that efforts to secure a con- 
stitutional amendment for that purpose would 
be futile; second, recommending to the state 
legislatures regulations looking to greater uni- 
formity in procedure and with respect to the 
causes upon which marriages would be an- 
nulled and either absolute or limited divorces 
granted. In November, an adjourned session 
was held at which a draft of a uniform divorce 
law was adopted. There is little hope, how- 
ever, that this uniform statute will be adopted 
generally, because of the diversity in the vari- 
ous states in legal methods and in public opin- 
ion regarding the subject of divorce. It is 
also doubtful whether a uniform divorce law, 
desirable as it would be for other reasons, 
would help much to reduce the amount of di- 
vorce, the causes for which lie deeper in the 
economic and social life of the nation. The 
recommendations of the congress sought to 
reduce the number of causes for divorce legal- 
ly recognized, and the causes enumerated are 



MARRIAGES AND DIVORCES : NUMBER AND INCREASE, SPECIFYING DIVORCES GRANTED 
TO HUSBAND OR WIFE, 1887 TO 1906 



(Special Report, 1908—1909, Marriage and Divorce, Bureau of the Census) 






Marriages 


Divorces 


Calendar Year 


Number 


Increase 
Over Pre- 
ceding 
Year 


Total 
Number 


Increase 
Over Pre- 
ceding 
Year 


Granted to 
Husband 


Granted to 
Wife 




Number 


Per 
cent 


Number 


Per 

cent 


1887 

1888 

1889 

1890 

1891 

1892 

1893 

1894 

1895 

1896 

1897 

1898 


483,069 
504,530 
531,457 
542,537 
562,412 
577,870 
578.673 
566,161 
598,855 
613,873 
622,350 
625,655 
650,610 
685,284 
716,621 
746,733 
786,132 
781,145 
804,787 
853,290 


~21~4~61 

26,927 

11,080 

19,875 

15,458 

803 

12,512! 

32,694 

15,018 

8,477 

3,305 

24,955 

34,674 

31,337 

30,112 

39,399 

4.987 1 

23,642 

48,503 


27,919 

28,669 

31,735 

33,461 

35,540 

36,579 

37,468 

37,568 | 

40,387 

42,937 

44,699 

47,849 

51,437 

55,751 

60,984 

61,480 

64,925 

66,199 

67,976 

72,062 


2,384 
750 
3,066 
1,726 
2,079 
1,039 
889 
100 
2,819 
2,550 
1,762 
3,150 
3,588 
4,314 
5,233 
496 
3,445 
1,274 
1,777 
4,086 


9,729 
10,022 
11,126 
11,625 
12,478 
12,577 
12,590 
12,551 
13,456 
14,448 
14,765 
15,988 
16,925 
18,620 
20,008 
20,056 
21,321 
22.189 
22,220 
23,455 


34.8 
35.0 
35.1 
34.7 
35.1 
34.4 
33.6 
33.4 
33.3 
33.6 
33.0 
33.4 
32.9 
33.4 
32.8 
32.6 
32.8 
33.5 
32.7 
32.5 


18,190 
18,647 
20,609 
21,836 
23,062 
24,002 
24,878 
25,017 
26,931 
28,489 
29,934 
31,861 
34,512 
37,131 
40,976 
41,424 
43,604 
44,010 
45,756 
48,607 


65.2 
65.0 
64.9 
65.3 
64.9 
65.6 
66.4 
66.6 
66.7 
66.4 
67.0 
66.6 
67.1 
66.6 
67.2 
67.4 
67.2 
66.5 
67.3 
67.5 


1899 

1900 

1901 

1902 

1903 

1904 

1905 

1906 



1 Decrease. 

For twenty years the Commissioners on Uni- 
form Laws have tried to secure the adoption of 
a uniform divorce act. The act drafted by the 
commissioners has been adopted, however, by 
only three states. By act of March 16, 1905, 
the Governor of Pennsylvania was authorized 
by the legislature to appoint a commission to 
codify the laws relating to divorce, and to 



now in the law in 40 states of the Union; 
for absolute divorce: adultery, bigamy, convic- 
tion and sentence for crime involving at least 
two years in prison, extreme cruelty, willful 
desertion for two years, habitual drunkenness 
for two years; for limited divorce: the same 
causes, except that extreme cruelty is more 
broadly defined, and an additional cause is in- 



401 



MARSHAL, FEDERAL— MARTIAL LAW 



eluded — hopeless insanity of the husband. 
While it is not expected that public opinion at 
present will tend materially to decrease the 
causes recognized in most states, it is hoped 
that no state will extend its jurisdiction be- 
yond cases where one of its own residents is a 
party. 

See Public Morals, Care for. 

References: G. E. Howard, History of Mat- 
rimonial Institutions (1904) ; "Marriage and 
Divorce, 1867-1906" in U. S. Bureau of the 
Census, Special Reports (1908-1909), Part I, 
Marriage Laws, Foreign Statistics, Part II, 
General Tables; J. P. Lichtenberger, "Marriage 
and Divorce, a Study in Social Causation" in 
Columbia Univ., Studies in Hist., Econ., and 
Public Lam, XXXV (1909); Walter Wilcox, 
The Divorce Problem, q, Study in Statistics 
( 1897 ) ; Commissioners on Uniform Laws, 
Proceedings (published annually in the Re- 
ports of the American Bar Ass'n, and sepa- 
rately reprinted). S. McC. Lindsay. 

MARSHAL, FEDERAL. For each of the 
judicial districts of the United States (see 
Courts, Federal) a marshal is appointed, for 
a term of four years, by the President and 
Senate. In general the marshal's position cor- 
responds to that of the sheriff ( see ) . He is 
the executive officer of the national courts, 
executing all precepts and judgments directed 
to him. He collects sums due the United States 
and is the disbursing officer for the United 
States courts in his district. He apprehends 
offenders against national law, being permit- 
ted to swear in deputies and posses. He has 
the custody of witnesses, persons awaiting 
trial, and persons convicted in United States 
courts and held in county or state institutions 
within his district. Marshals are paid from 
$2,000 to $5,500 per year, and expenses. Ref- 
erence: H. C. Gauss, American Government 
(1907), 542-553. R. L. A. _ 

MARSHALL, JOHN. John Marshall (1755- 
1835), Chief Justice of the United States, was 
born in Fauquier county, Va., September 24, 
1755. From 1775 to 1781 he served in the 
American army. In 1781 he was admitted to 
the bar, and rose rapidly to prominence. From 
1782 to 1788 he sat in the Virginia assembly. 
In the Virginia convention of 1788 he was one 
of the strongest advocates of the Federal Con- 
stitution. In 1797 he was appointed one of the 
"X Y Z" (see) envoys to France. The next 
year he was offered a place on the Supreme 
Court bench, which he declined, and shortly 
entered the House of Representatives as a Fed- 
eralist. In May, 1800, he resigned his seat to 
become Secretary of State. He was appointed 
Chief Justice January 31, 1801, and held the 
office until his death, July 6, 1835, at Phila- 
delphia. 

His long term of service was coincident with 
the adjudication, especially after 1814, of a 



large number of cases of the first magnitude, 
in the treatment of which he displayed legal 
knowledge, judicial temper, and expository 
power of the highest order, and through which 
he virtually created American constitutional 
law. In 1807 he presided at the trial of Aaron 
Burr for treason. He wrote a Life of Wash- 
ington (1804-07), 5 vols, and atlas. See Cases, 
Significance of, in International Law; 
Construction and Interpretation; Consti- 
tutions, Growth of; Courts, Federal, Juris- 
diction of; Law, Constitutional, Ameri- 
can; State, Department of; Supreme Court 
of the United States. References: J. F. 
Dillon, John Marshall: Life, Character and 
Judicial Services (1903); A. B. Magruder, 
John Marshall (rev. cd., 1808) ; J. B. Thayer, 
John Marshall (1901). W. MacD. 

MARSIGLIO OF PADUA, POLITICAL THE- 
ORIES OF. See Political Theories, An- 
cient and Mediaeval. 

MARTIAL LAW. The terms martial and 
military law, though generally regarded as 
identical in meaning, relate in fact to two 
widely separated systems of administrative con- 
trol. Military law is always statutory in char- 
acter, its purpose being to regulate the conduct 
of those persons — chiefly officers and enlisted 
men, who compose the military establishment 
of the state (see Articles of War). Martial 
law, or, as it is sometimes called, the law 
of military occupation, is a system of govern- 
mental control, originating in military neces- 
sity, which is established in the occupied ter- 
ritory of the enemy, or in a portion of the 
territory of a state which is in insurrection or 
rebellion against its sovereign authority; mar- 
tial law is habitually executed by military com- 
manders acting under the supreme authority 
of the belligerent government. Military law 
has no application to civilians, or to persons 
not directly connected with the army; martial 
law, on the other hand, is similarly inappli- 
cable to military persons, save as to offenses 
committed by them in violation of the laws of 
war and in the occupied territory of the enemy. 

Applied to Conquests. — Martial law or, prop- 
erly speaking, the law of military occupation, 
becomes operative as to particular territory 
whenever it passes into the secure occupation 
of an enemy; it ceases to exist at the date of 
the treaty of peace or (in the case of acquisi- 
tion of territory by conquest or purchase) when 
the legislative department of the acquiring 
government has made suitable provision for its 
government and administrative control. Cal- 
ifornia and New Mexico were under the 
law of military occupation from the date 
of their acquisition from Mexico in 
1846, until Congress made provision for 
their permanent government in 1850. Cuba. 
Porto Rico and the Philippine Islands were 
similarly administered under the law of mili- 



402 



MARYLAND 



tary occupation from the date of their acquisi- 
tion until an independent republic had been 
founded in Cuba and suitable forms of govern- 
ment had been established in Porto Rico and 
the Philippine Islands in conformity to the 
will of Congress. The states which joined in 
the rebellion of 1861-1865 passed into the mil- 
itary occupation of the United States as the 
Union armies advanced and established them- 
selves in secure possession of their territory. 
They continued to be governed by the law of 
military occupation until legislation restoring 
them to their constitutional relations had been 
enacted by Congress. 

Applied to Insurgents. — Martial law is also 
resorted to where there is resistance to the 
operations of government by persons who set 
its authority at defiance by opposing the exe- 
cution of the laws or by engaging in acts of 
insurrection or rebellion. In such a condition 
of emergency, where the President is unable, 
with the civil agencies placed at his disposal 
by law, to maintain the peace or to secure the 
execution of the laws, he is empowered by the 
Constitution (Art. II, Sec. ii, ^ 1) to employ 
the land and naval forces, including the militia, 
with a view to "execute the laws of the Union, 
to suppress insurrections and repel invasion" 
(Art. I, Sec. viii, 11 15). It is not necessary, 
as is generally supposed, to precede such em- 
ployment of military force by what is known 
as the "reading of the riot act;" although the 
President is required by law to issue a procla- 
mation commanding "the insurgents to dis- 
perse and retire peaceably to their respective 
abodes within a limited time" (Rev. Stat. Sec. 
5300). 

Effect on Civil Law. — Military government 
or martial law is less stringently enforced in 
places which have passed into the secure occu- 
pation of the enemy. Much greater severity 



may be exercised in places and regions where 
actual hostilities exist, or are expected and 
must be provided against. Its most complete 
sway is allowed, even in the commander's own 
country away from the field of hostilities where 
the army is face to face with the enemy, be- 
cause of the absolute necessities of the case 
and of the paramount duty to defend the coun- 
try against invasion (Lieber, Rules, G. 0. 100, 

A. G. O. 1863 ) . Although it is the established 
practice to regard all persons and property 
within the occupied territory as coming within 
the operation of martial law, it is usual to 
provide that all civil and criminal law shall 
continue to take their usual course, unless in- 
terrupted or stopped by order of the occupying 
military power; but all the functions of gov- 
ernment, legislative, executive and judicial, 
cease under martial law or continue only with 
the sanction or, if deemed necessary, the par- 
ticipation of the invader. When the local 
courts are continued in the exercise of their 
functions, the officers and men of the occupy- 
ing forces are withdrawn from their jurisdic- 
tion. Special military tribunals are appointed 
for the trial of offenses committed by them 
which are not provided for in their own mili- 
tary law, and joint courts are established for 
the trial of controversies arising between the 
military and residents of occupied territory. 

See Conquest, Right of; Courts Martial; 
Dependencies; War Power, Constitutional. 

References: W. E. Birkhimer (2d ed., 
1904) ; C. M. Clode, Military Forces of the 
Crown (1869), II, chs. xvii, xviii; J. S. 
Risley, Law and War, (1897) ; Percy 
Bordwell, Law of War (1908); J. W. Pome- 
roy, Constitutional Law (10th ed., 1888) ; G. 

B. Davis, Military Law (1906) ; J. I. C. Hare, 
Constitutional Law (1889), 910, 923-927, 930- 
968. George B. Davis. 



MARYLAND 



Early History. — The state of Maryland took 
its name from Henrietta Maria (Terra Ma- 
riae), Queen of England, the wife of Charles I. 
The first settlement was a trading factory es- 
tablished by William Claiborne upon Kent Is- 
land on Aug. 17, 1631. George Calvert, first 
Lord Baltimore, who had been secretary of 
state under James I, had been interested in 
the London Company and had received a grant 
of the Province of Avalon, in Newfoundland, 
in 1623. The severity of the climate there in- 
duced him to seek for a more southern country, 
and he was about to receive a grant of Mary- 
land, when he died and the charter was issued 
on June 20, 1632, to Cecil or Cecilius, his son, 
second Lord Baltimore. He became first Lord 
Proprietary of the Province with vice-regal 
rights over the territory, which was formed 



into a palatinate, modelled after the county of 
Durham. He was a shrewd, cautious, far-sight- 
ed man and established religious freedom as 
one of the foundation principles of his colony. 
The Lord Proprietary was a Roman Catholic 
and the religious needs of his coreligionists 
in the province were cared for by Jesuits. In 
Maryland, alone of the English speaking col- 
onies, was there a strong indigenous Roman 
Catholic body of settlers, which fact caused the 
first bishopric of that church to be established 
in Baltimore and gave Marylanders a great in- 
fluence in the moulding of the Roman Catholic 
Church in the United States. The first expedi- 
tion sent out by the Proprietary, under the 
leadership of his brother, made a settlement 
on the north side of the Potomac River on 
March 25, 1634. 



403 



MARYLAND 



Considerable difficulty was found in reducing 
Claiborne's settlement and in establishing 
friendly relations with the Virginians, who re- 
sented the diminution in the size of their prov- 
ince. The English Civil War caused additional 
difficulties and, the proprietary government 
was overthrown in 1644 for a time. In 1649, 
a number of Protestant Nonconformists from 
Virginia were induced to settle in the province 
and religious freedom, which had been the 



counties and, as the settlers scattered them- 
selves in wide-spread plantations, the capital, 
St. Mary's, was the only incorporated munici- 
pality. In 1689, a revolution took place, and 
the leaders of the movement declared that 
Maryland was a royal province. King William 
accepted it as such, but left Lord Baltimore 
his lands and the revenue therefrom. Except 
for the substitution of king for proprietary, 
there was no change in the government. 




BOUNDARIES OF THE STATE OF MARYLAND, SHOWING TERRITORIAL CHANGES 



policy of the province, was established by stat- 
ute. During the Commonwealth period, an 
attempt of the governor to insist upon an oath 
of allegiance to the proprietary and the hostil- 
ity of Claiborne led to warfare between the 
adherents of tb^ proprietary and the Puritans, 
and resulted in the overthrow of the former 
party and the government of Maryland by pop- 
ularly elected commissioners for some time, 
until Cromwell restored the province to Balti- 
more. Except when the proprietary was in 
the province, he was represented by a govern- 
or, who exercised the administrative power. 
The proprietary appointed most of the officers, 
except those of the customs, who were royal 
appointees, from which fact considerable fric- 
tion arose. The charter granted the propri- 
etary the right to make laws with the consent 
of the freemen, provided such laws did not 
conflict with those of England; but, after the 
first few years, he gave up his initiative. The 
legislature, after holding its first sessions as a 
primary assembly, became a bicameral repre- 
sentative body. The lower house was composed 
of four delegates from each county, the upper 
one was the governor's council and also the 
court of appeal and was appointed by the pro- 
prietary. The receipts from the sale of land 
and from quit rents furnished an important 
revenue to Lord Baltimore. Local government 
was carried on by the justices of the peace for 
each county, meeting in levy courts. There 
were no administrative subdivisions of the 



The province was restored to the fourth Lord 
Baltimore in 1715, as a reward for his becom- 
ing a Protestant. During the royal period, the 
capital was fixed at Annapolis, the Anglican 
Church was established, and beginnings made 
of a system of education, by the establishment 
of the first school and of the first public li- 
brary. A long controversy, concerning the 
bounds of the province finally resulted in the 
loss to the family . of William Penn of the 
whole of the present state of Delaware and a 
large tract in Pennsylvania. The line be- 
tween the possessions of the Penns and Balti- 
more was run by Charles Mason and Jeremiah 
Dixon in the years 1762 to 1767 (see Mason 
and Dixon Line). The southern boundary 
towards Virginia was long in dispute. The 
western part of it was not finally fixed until 
lylO, by decree of the United States Supreme 
Court (217 U. S. 1), in favor of the claim 
of West Virginia. For the first century, Mary- 
land was very similar in social and economic 
conditions to Virginia; but in 1729 Baltimore 
town was laid out, and, in 1733, the first 
German settlers came from Pennsylvania into 
the fertile valleys of western Maryland. These 
steps were the beginnings of a great commer- 
cial city and of a close association with Penn- 
sylvania and the West which made Maryland 
a border state. 

Revolutionary History. — At the beginning of 
the Revolutionary period, Maryland was held 
back from the movement toward independence, 



404 



MARYLAND 



through the tact and popularity of the last 
provincial governor; but ultimately she cast 
in her lot with the other colonies. A conven- 
tion of the freemen, with an executive commit- 
tee of safety, governed Maryland from 1774 
and drafted a constitution, which was not sub- 
mitted to the people, but under which the state 
government was organized in 1777. The con- 
stitution contained a declaration of rights and 
a form of government, which provided for a 
continuance of a bicameral legislature. There 
was a house of delegates, containing four mem- 
bers from each county and two from the city 
of Annapolis and from the town of Baltimore. 
The general assembly met annually until 1846 
and afterwards biennially, in the even years. 
The senate was composed of fifteen men, six of 
whom were residents on the eastern shore of 
the Chesapeake, elected for 5 years, by an 
electoral college, composed of 2 members from 
each county and one from Annapolis and from 
Baltimore town. The governor was elected 
annually by joint ballot of the two houses. 
In each county, a sheriff was elected, but all 
other officers were appointed by the governor, 
with the consent of a council of five men, an- 
nually elected by the general assembly. While 
in hearty sympathy with the continental cause, 
Maryland refused to accede to the Articles of 
Confederation until March 4, 1781, when she 
had been assured that there was no danger 
from the large states and that the western 
lands would become the property of the general 
government. Maryland's sympathies were with 
the party that advocated a closer union and 
her state convention ratified the Federal Con- 
stitution, by a large majority, on April 25, 
1788. 

Later History. — The state has always been 
conservative in politics and the Federalist 
party existed in Maryland until it was merged 
in the Whigs. Property qualification for the 
suffrage was abolished in 1810 and the demo- 
cratic movement led to the abolition of the 
electoral college for the state senate in 1837 
and the substitution of a senate, one of whose 
members was elected from each county. At 
the same time, the equality of counties in the 
house of delegates was destroyed and Annapo- 
lis was merged in Anne Arundel County. The 
governor's council was also discontinued and 
the confirmation of his appointments was given 
to the senate, while the governor himself was 
elected by popular vote for a three years term, 
successively from one of three districts into 
which the state was divided. 

In 1851, a new constitution was ratified by 
popular vote. It provided for a very large 
number of officers, including judges, to be elect- 
ed by the people and changed the terms of 
office of governor and senators to four years, 
while it reorganized the administration of the 
finances. During the Know Nothing (see) per- 
iod, the Native American (see) party, absorb- 
ing the Whigs, was dominant for a time. 



405 



At the beginning of the Civil War, the 
state's position was a difficult one; but, after 
some hesitation, she decided to remain in the 
Union. In 1864, a constitution was declared 
adopted by popular vote which abolished slav- 
ery and disfranchised sympathizers with the 
Confederate States. It provided for a lieuten- 
ant-governor, divided Baltimore into three leg- 
islative districts, required registration of vo- 
ters, and established a system of public edu- 
cation. 

Present Constitution. — A reaction against 
the exclusion of so many voters from the 
suffrage caused the adoption of the present 
constitution by the people on Sept. 18, 1867. 
It provides for a vote on the question of calling 
a constitutional convention every 20 years, but 
the people have decided at both such submis- 
sions that they wish no important change in 
the government. Indeed they have thrice re- 
fused to limit the right to the franchise, by 
adopting amendments designed to exclude ne- 
groes. Under the constitution, the Democratic 
party controlled the state until 1895, when a 
combination of independents and Republicans 
placed the latter party in power and the con- 
servatism of the voters has made the state 
since that time frequently Republican on na- 
tional, and Democratic on local, elections. 

The governor is elected for four years and 
has great appointive power. The general as- 
sembly consists of two houses : the senate, 
composed of one member from each of the 23 
counties and four from Baltimore city, is a 
continuous body, elected for four years; the 
house of delegates, contains from two to six 
members from each county, according to pop- 
ulation, elected on a general ticket, and six 
members from each of Baltimore city's four 
districts. The Australian blanket ballot 
was adopted in 1890. The legislative ses- 
sions, held biennially, do not exceed 90 
days. For judicial purposes, the state 
is divided into eight circuits, one of 
which comprises Baltimore city and each of 
the others two or more counties. In each 
county circuit, there is a chief judge and two 
associate judges. In Baltimore city, there are 
ten judges. From the courts of the circuits, 
appeal lies to a court of appeals, composed of 
the chief judges of the county circuits and 
an especially elected judge in Baltimore. Lo- 
cal government is in the hands of boards ot 
county commissioners elected by the people, 
except in so far as it is exercised directly 
by the state, or by the boards of incorporated 
municipalities. The county school commis- 
sioners are appointed by the governor. The 
state's financial affairs are managed by a comp- 
troller, elected biennially by the people, and 
a treasurer, elected biennially by the general 
assembly on joint ballot. These officers, with 
the governor, form a board of public works. 
Maryland has also established a number of 
boards or commissions for various purposes in 



MASON AND DIXON'S LINE— MASSACHUSETTS 



recent years; thus there are a state geological 
survey, a good roads commission which is 
expending large sums of money, a tuberculosis 
commission, a lunacy commission, etc. 

Population. — During the first half century 
of the province's history, the immigrants were 
chiefly white and in 1700 it is estimated there 
were 25,000 settlers. In the 18th century, 
large numbers of African negroes were brought 
in as slaves. In 1775, the population was 
estimated as 225,000. In 1790, it was 319,728, 
of which number 111,079, or 34.74 per cent 
were colored persons. In 1850, the population 
was 583,034, of which 28.32 per cent were col- 
ored; in 1900, 1,188,044, of which 215,897, or 
18.17 per cent were colored; and in 1910, 
1,295,346, of which 232,250, or 17.93 per cent; 
were colored. 

See Constitutions, State, Characteris- 
tics of; State Governments; State Legisla- 
ture. 

References: John L. Bozman History 
of Maryland to 1658 (1837); W. H. 
Browne, Maryland, the Hist, of a Palatinate 
(1884), Ed., Maryland Archives (1884- 
1911); J. V. L. McMahon, Hist. of 
Maryland (1831) ; Maryland Historical So- 
ciety, Fund Publications (1867-1901); C. D. 



Mereness, Maryland as a Proprietary Province 
(1901) ; T. J. Scharf, History of Maryland to 
1880 (1879), History of Western Maryland 
( 1882 ) ; B. C. Steiner, Citizenship and Suffrage 
in Maryland (1895), Institutions and Civil 
Government of Maryland (1899) ; E. S. Riley, 
Legislative Hist, of Maryland (1906) ; Mary- 
land Manual (1896-1913) ; F. N. Thorpe, Fed- 
eral and State Constitutions (1909), III, 1668- 
1826. Bernard C. Steiner. 

MASON AND DIXON'S LINE. Ambiguous 
phrases describing the boundaries of Maryland 
and Pennsylvania caused a long dispute re- 
specting the line (fortieth parallel of latitude) 
separating the two colonies. Two English sur- 
veyors, Charles Mason and Jeremiah Dixon, 
determined (1763-1767) the boundary 39° 
43' 26," thus giving Pennsylvania nineteen 
miles of territory, south of the disputed line. 
Historically, the name was widely used to in- 
dicate the line separating free and slave states, 
the northern limit of slavery, and, in general, 
the conflict of interests between the North and 
South. See Pennsylvania. References: J. 
Veech, Mason and Dixon's Line (1857); E. 
Channing, Hist, of the U. S. (1908), 106-109 
(map), 128 (bibliography). M. W. J. 



MASSACHUSETTS 



Colonial Self -Government. — The origins of 
the commonwealth of Massachusetts are to be 
sought in two essentially independent colonial 
enterprises of the early seventeenth century: 
( 1 ) the planting of the self-organized, self- 
governing colony of New Plymouth (see 
Plymouth ) ; ( 2 ) the establishment of the more 
nourishing and scarcely less independent char- 
tered colony of Massachusetts Bay {see). The 
charter of Massachusetts Bay was 'annulled in 
3 684; but following the collapse of the Andros 
regime in 1689 a new charter was conferred 
in 1691, whereby the seventeen towns of New 
Plymouth, together with the territory of 
Maine, were incorporated with the seventy-five 
towns of Massachusetts under the general 
name of Massachusetts Bay. 

Government under the Province Charter. — 
The charter of 1691 reached the colony and 
was put in operation May 14, 1692. From that 
date it remained the fundamental law of Mas- 
sachusetts until the adoption of the present 
state constitution in 1780. The governmental 
arrangements which prevailed under it were 
distinctly less liberal than those of the earlier 
period; yet they afforded a wider opportunity 
for popular control of affairs than existed in 
any of the other contemporary royal provinces 
in America. At the head of the colony was a 
governor, appointed now by the Crown for an 
indefinite tenure. Associated with the govern- 



or was a council of twenty-eight members, elect- 
ed annually by the General Court, or colonial 
legislature. The council itself composed the 
upper house of the General Court; so that in 
Massachusetts was presented the unusual spec- 
tacle of an upper chamber elected predomi- 
nantly by the lower. Massachusetts was, in- 
deed, the only American colony in the eigh- 
teenth century in which the governor's council 
was elected at all. The functions of the coun- 
cil were at the same time legislative, execu- 
tive, and judicial. Except for the right to 
initiate money bills, it enjoyed law-making 
power coordinate with that of the assembly; 
it had the right to approve or disapprove all 
appointments made by the governor; and it 
acted as the supreme court of the colony, ex- 
ercising likewise the equity jurisdiction which 
legally was vested in the governor. The assem- 
bly, or lower branch of the General Court, was 
composed of representatives proportioned 
roughly to population and elected annually 
by the voters in town-meetings. It had general 
legislative powers. The colonial judiciary con- 
sisted of such tribunals as the governor and 
council chose to establish, presided over by 
judges appointed on a tenure of good behavior 
by the same authority, the council itself serv- 
ing as a supreme court. In the regulation of 
local affairs the town was the essential unit; 
the county was important only as a judicial 



406 



MASSACHUSETTS 



district. Town government still exists in Mas- 
sachusetts and to-day it isk strikingly like that 
which prevailed two hundred years ago. 

Revolutionary Changes. — In the protests of 
the American colonies against the economic 
and political policies of the mother country 
after the close of the Seven Years' War, Mas- 
sachusetts early assumed leadership. The re- 
sult was a sweeping modification of the prov- 
ince charter, accomplished by means of an act 
"for the better regulating the government of 
the Province of Massachusetts Bay," assented 



provided for in the charter of 1691; and the 
essentials of it were preserved until near the 
end of the Revolution (see State Govern- 
ments DURING THE REVOLUTION ) . 

The Constitution of 1780. In September, 
1779, in compliance with a demand of a con- 
siderable portion of the people for a new 
frame of government, a convention was assem- 
bled at Cambridge for the purpose of drawing 
up a state constitution. The task of the con- 
vention was completed in March, 1780, and the 
newly framed instrument was submitted to 




Boundaries of the State of Massachusetts, Showing Territorial Changes 



to by the Crown May 20, 1774. The rapidly 
increasing tension of the period prevented the 
full enforcement of the act. In October, 1774, 
the people of Massachusetts broke with the au- 
thority of the Crown by setting up a provision- 
al government consisting of an irregularly 
constituted "provincial congress." In July, 
1775, at the instigation of the Continental Con- 
gress, there was effected a more orderly ar- 
rangement. A representative assembly was 
chosen by the people in their town meetings; 
this assembly elected a council of twenty-eight; 
and James Bowdoin, as president of the coun- 
cil, became the chief executive of the common- 
wealth. Barring the authority of the King, 
the new government was virtually such as was 



the people, under the specification that a two- 
thirds vote should be necessary for its approv- 
al. The result was favorable. A convention at 
Boston, June 15, 1780, formally adopted the 
constitution, and the instrument went into 
effect in the following October. It is worth 
observing that this was the first occasion in 
America upon which a constitution was sub- 
mitted to popular vote. In the meantime Mas- 
sachusetts had been among the first states to 
approve the project of a permanent American 
union by ratifying the Articles of Confedera- 
tion (see). The Massachusetts delegates in 
the Continental Congress, along with the dele- 
gates from seven other states, signed the Ar- 
ticles July 9, 1779. Over the ratification of the 



407 



MASSACHUSETTS 



Federal Constitution a decade later there was 
a tremendous contest. In the convention elect- 
ed to determine the policy of the state with 
reference to the new instrument, the prepon- 
derance of sentiment was at first clearly 
against ratification. It was only after the 
subject had been threshed out during weeks 
of debate that a sufficient number of delegates 
were won over by the Federalists to ensure 
favorable action. In February, 1788, by the 
close vote of 187 to 168, the convention for- 
mally declared for the ratification of the Fed- 
eral Constitution. 

The Constitution Today. — The constitution 
of the commonwealth today is that put into 
operation in 1780. There have been added to 
it a total of thirty-six amendments, of which 
the first nine were ratified April 9, 1821, and 
the last one was adopted November 6, 1894. 
But through all this period the fundamental 
structure of the political system has not under- 
gone marked change. The text of the constitu- 
tion falls into four principal parts. The first 
consists of the preamble. The second comprises 
a declaration, in thirty articles, of "the rights 
of the inhabitants of the commonwealth." The 
third in six chapters and a total of sixty ar- 
ticles stipulates in detail the frame of gov- 
ernment. And the fourth consists of the thirty- 
six amendments. Under the provisions of an 
amendment adopted in 1821 an amendment, in 
order to become effective, must be voted by a 
majority of the senate and by two-thirds of the 
house of representatives of two successive legis- 
latures and must be approved by the people 
by a majority of those voting upon the amend- 
ment. 

The executive power within the state is vest- 
ed in the governor, assisted by a council con- 
sisting of the lieutenant-governor and eight 
other members. The governor is elected annu- 
ally by popular vote. Religious and property 
qualifications for the governorship were once 
prescribed, but since 1892 there has been no 
specified qualification save that of seven years 
of continuous residence within the common- 
wealth immediately preceding election. Mem- 
bers of the council are elected by popular vote 
in the eight districts into which, for this pur- 
pose, the state is divided; and the people 
choose annually the secretary of the common- 
wealth, the treasurer and receiver-general, the 
auditor, and the attorney-general. The govern- 
or exercises general supervision over the ad- 
ministrative affairs of the state. With the 
consent of his council, he appoints the solicitor- 
general, the judges, and numerous other offi- 
cials. He is commander-in-chief of the armed 
forces of the state. He exercises the power 
of pardoning convicted offenders, except per- 
sons convicted in impeachment proceedings. 
He has power to adjourn or to prorogue (for 
not more than ninety days), and to summon, 
the General Court. And he possesses the right 
to approve or to veto all legislative measures. 



In the event of a vacancy in the chair of the 
chief executive — whether by death, by absence 
from the commonwealth, or by reason of any 
other circumstance — the lieutenant-governor, 
elected annually by the people and possessing 
qualifications identical with those of the gov- 
ernor, is vested with all the prerogatives and 
responsibilities of governor. Except when 
acting as governor, the lieutenant-governor 
regularly occupies a seat in the governor's 
council. 

The legislative body, or General Court, con- 
sists of two chambers, the senate and the house 
of representatives. The senate contains forty 
members, elected annually by popular vote, 
each from one of the two score senatorial dis- 
tricts into which the state is divided. The 
house of representatives consists of 240 mem- 
bers, elected in 173 districts, each of which re- 
turns one, two, or three members in proportion 
to population. Each house is final judge of 
the elections, returns, and qualifications of its 
members; each elects its own officers and de- 
termines its own rules of procedure. A regu- 
lar session every year is required, beginning 
on the first Wednesday of January. Money 
bills must be presented in the lower house, 
though they may be amended in the upper. 
Otherwise, the two houses possess absolutely 
coordinate legislative authority. A veto by 
the governor may be overridden by a two- 
thirds majority in both houses. The commit- 
tee system has been brought to an unusually 
high stage of development in Massachusetts. 
Upon measures of large public interest hear- 
ings are announced through the press, and 
committee meetings are freely attended and 
participated in by both interested aud disinter- 
ested citizens. 

All courts of the state are established by 
law, and all judges are appointed by the gover- 
nor, with the advice of the council, for a tenure 
of good behavior. At the top stand the su- 
preme judicial court, with a chief-justice and 
six associate justices, and a superior court, 
with a chief-justice and twenty-two associates. 
In each of the fourteen counties is a probate 
court. There are likewise district courts, in 
the counties, municipal courts, and police 
courts, in the urban districts. 

Local Government. — As in all New England 
states, the town (or township) is the essential 
unit of local government. Until 1822 Boston 
itself remained simply a town, whose affairs 
were regulated by a town-meeting, or primary 
assembly, of all qualified citizens. Until the 
date mentioned the towns were the sole politi- 
cal corporations in the state, and until 1857 
they formed, as they still form in Connecticut, 
the basis of representation in the state as- 
sembly, each town, of whatever size, returning 
at least one member. There are in the state 
to-day (1913) 321 towns. They vary in popu- 
lation from fewer than two hundred to up- 
wards of twenty thousand. Each is governed 



408 






MASSACHUSETTS 



by a town-meeting, or assembly, of all resident 
qualified voters, which meets at least once a 
year, in the spring, and from time to time as 
occasion requires ( see Towns ) . Under the 
terms of a charter granted by the legislature 
of the state, a town may be converted into a 
city. There are in the state today, thirty- 
three cities. A city has, as its principal ex- 
ecutive official, a mayor, and there are normal- 
ly two legislative bodies — a board of aldermen 
and a common council. The municipal govern- 
ment of Boston (see) is typical of Massa- 
chusetts cities. 

The county, in Massacusetts, as elsewhere 
in New England, is of secondary importance. 
It comprised originally an affiliation of towns 
for judicial purposes, and it is still pre- 
eminently a judicial district, in which civil 
and criminal courts are held, and in which 
a sheriff, a clerk, and certain minor judicial 
officials are elected by the people. For ad- 
ministrative purposes there is in each county 
a board of three commissioners, elected for 
three years, and also a treasurer; but the func- 
tions of these officials are restricted largely to 
the management of county buildings, the con- 
struction and supervision of highways, and 
the apportioning of the county tax among the 
towns and cities by which it is to be levied. 
There is within the county no council or other 
assembly which may exercise powers of a 
legislative character (see County Govern- 
ment ) . 

For the general supervision of public in- 
struction there exists a state board of educa- 
tion consisting of the governor and lieutenant- 
governor and of eight other members, one new 
member being appointed every year by the 
governor for a term of eight years. In each 
town and city there is an elective school com- 
mittee. Towns containing as many as five 
hundred householders are required to support 
a high school; and school attendance is uni- 
versally compulsory between the ages of seven 
and fourteen. 

Political Conditions. — In national elections 
Massachusetts was uniformly in the Republi- 
can column until 1912. In 1876, the Republi- 
can plurality fell to 41,286, and in 1892, to 
26,001; but in 1896 it was 173,265; in 1908, 
110,423; and the normal figure cannot be put 
lower than 75,000 to 100,000 (see Party Or- 
ganization in Massachusetts). In state 
elections the commonwealth is normally, 
though not invariably, Republican. In 1904, 
1910, 1911 and 1912, the state elected a 
Democratic governor, and in 1910 the 
Democrats likewise gained, control of the 
lower branch of the legislature. Legal voters 
in Massachusetts comprise all males twenty- 
one years of age or over who are native-born 
or naturalized citizens of the United States, 
and who have been resident within the state 
at least one year and within the city or town 
at least six months. Voters, however, must 



be able to read English and must have com- 
plied with the registration regulations pre* 
vailing within the city or town in which the 
franchise is to be exercised. Paupers and per- 
sons under guardianship are disqualified from 
voting. 

During the session of 1911 there was enact- 
ed a state-wide primary law, providing for 
the direct nomination by party primaries of 
candidates for all offices to be filled at state 
elections, except presidential electors, and the 
direct election at such primaries of district 
members of state committees, members of 
ward and town committees, and of delegates 
to state conventions. The naming of candi- 
dates for consideration in the primary is re- 
quired to be by nomination papers. Candidates 
for state office must be able to secure at least 
250 signatures from each of four counties; 
candidates for other offices must have their 
papers signed by a number of voters equal in 
the aggregate to five voters for each ward or 
town in the district or county, but in no case 
may more than 250 be required. So far as 
the nomination of candidates is concerned, 
the convention system is entirely abolished. 
The sole remaining functions of the convention 
are to adopt a party platform, to nominate 
presidential electors, and to elect members-at- 
large of the state committee. A party conven- 
tion consists of: (1) the delegates elected at 
the primaries, in number not fewer than one for 
each ward and town; (2) the members of the 
state committee; (3) the United States Sen- 
ators from Massachusetts who are members of 
the party; (4) the candidates nominated at 
the direct primaries; (5) in years when no 
elections are held for certain offices, the in- 
cumbents of those offices who are -members of 
the party. 

See Constitutions, State, Characteris- 
tics of; New England; New England, Brit- 
ish Province; Plymouth; State Govern- 
ments, Characteristics of. 

References: Records of the Governor and 
Company of the Massachusetts Bay (1853-4) ; 
F. N. Thorpe, Federal and State Constitutions 
(1910), III, 1888-1922; E. B. Greene, The 
Provincial Governor in the English Colonies 
of North America (1898); A. E. McKinley, 
The Suffrage Franchise in the Thirteen Eng- 
lish Colonies (1905), 300-370; E. M. Hart- 
well, "Primary Elections in Massachusetts, 
1640-1694" in American Political Science As- 
sociation, Proceedings, VII (1910), 210-224; 
S. B. Harding, Contest over the Ratification of 
the Federal Constitution in the State of Massa- 
chusetts (1896); G. H. Martin, Evolution of 
Massachusetts Public School System (1894) ; 
J. A. Palfrey, Hist, of New England during 
Stuart Dynasty (1858-1864), Hist, of New 
England from the Revolution of the 17th 
Century to the Revolution of the 18th (1875- 
1890); H. C. Lodge, Boston (1891). 

F. A. Ogg. 



409 



MASSACHUSETTS BAY COLONY— MAYFLOWER COMPACT 



MASSACHUSETTS BAY COLONY. In 

March, 1628-29, a group of English mer- 
chant adventurers obtained from James I a 
charter whereby were assigned to the Gov- 
ernor and Company of Massachusetts Bay in 
New England rights of settlement and powers 
of government within that part of New Eng- 
land lying between a line three miles north 
of the Merrimac and another three miles south 
of the Charles River, and extending westward 
to the South Sea. In accordance with the so- 
called Cambridge Agreement of August 26, 
1629, the seat of government was transferred 
by the patentees from England to America, 
and from 1630 until 1684 the charter con- 
tinued the basis of a vigorous and virtually 
independent colonial government. By the 
terms of the instrument full powers of govern- 
ment were vested in the governor, eighteen 
assistants, and the freemen of the company. 
The governor and assistants were elected an- 
nually by the freemen. With the growth of 
the colony a system of representation, begin- 
ning in 1634, was introduced; and the General 
Court, originally but the meeting of the stock- 
holders, assumed definite form as a legisla- 
ture. The suffrage franchise was restricted 
to church members in good standing. See 
Colonial Charters; Colonization by Great 
Britain in America; Massachusetts. Ref- 
erences: H. L. Osgood, The Am. Colonies in the 
Seventeenth Century (1904), I, 141-576; Char- 
ter in F. N. Thorpe, Federal and State Con- 
stitutions (1909), III, 1846-1860. F. A. 0. 

MAXIMILIAN'S EMPIRE. Notwithstand- 
ing the special interest of the United States 
in republican government in America, it rec- 
ognized at least two nominal empires, viz., 
Brazil, founded in 1822, and Mexico under 
Iturbide, founded in 1821. The Monroe Doc- 
trine {see) put forth in 1823, did not pro- 
test against monarchical government in Amer- 
ica, except so far as the term "political sys- 
tem" might indefinitely include it; and the 
United States has shown little indisposi- 
tion to recognize the dictators of Latin-Amer- 
ican so-called republics. 

The invasion of Mexico by a combined Eng- 
lish, French and Spanish expedition in 1861, 
resulting, after the speedy withdrawal of Great 
Britain and Spain, in a military occupation by 
the French, was very unsatisfactory to the 
Federal Government. When, in May, 1864, the 
Archduke Maximilian, an Austrian prince, 
was placed upon the throne, nominally on the 
call of an assembly of notables, really by 
French bayonets, the attitude of the State De- 
partment was that if the Mexicans had actual- 
ly set up a monarchy, the United States would 
not object; but that any such government im- 
posed upon the Mexicans by external force was 
not allowable. Great efforts were made to se- 
cure a recognition of the Empire, both from 
the Federal and from the Confederate Govern- 



ment, but the Confederacy broke up before the 
idea could be brought to a head; and large 
numbers of federal troops were directed toward 
the Texas frontier in 1865. The Monroe Doc- 
trine was never mentioned in the official cor- 
respondence, but the principle that the French 
military protectorate could not continue, was 
behind the action of the Federal Government. 
In April, 1866, such pressure was put upon 
the French Emperor, that he promised to 
withdraw the French troops. As soon as they 
were gone, the republican Mexicans defeated 
and captured Maximilian and he was executed 
by shooting in June, 1867. Maximilian him- 
self seems never to have understood the state 
of the Mexican mind nor to have appreciated 
the dangers of his position. 

See Intervention; Latin- America ; Mexico, 
Diplomatic Relations With; Monroe Doc- 
trine; Recognition; Recognition of New 
States. 

References: J. M. Callahan, Dipl. Hist, of 
the Southern Confederacy (1901) ; H. H. Ban- 
croft, Hist, of Mexico (1888), VI; J. H. La- 
tane, Dip Relations of the U. S. with Spanish 
America (1900); W. A. Dunning, Reconstruc- 
tion, Political and Economic ( 1907 ) , 152, 156. 
Albert Btjshnell Hart. 

MAXIMUM AND MINIMUM TARIFF. See 
Tariff, Maximum and Minimum. 

MAYFLOWER COMPACT. The agreement, 
drawn up and signed November 11-21, 1620, 
by the Pilgrims, on board the Mayflower, in 
which they acknowledged allegiance to the 
English king and agreed to combine into a 
"Civill body politick" for the constituting 
of offices and enactment of necessary laws and 
ordinances to which they promised "all due 
submission and obedience." The compact was 
found necessary: (1) because the patent, set- 
ting forth the manner of government, received 
from the Virginia Company was inoperative 
outside the limits of Virginia; (2) on account 
of a revolt threatened by some of the com- 
pany. The Pilgrims were English subjects on 
English soil without a grant of governing pow- 
ers, hence they agreed to govern themselves 
until a patent should be obtained. The com- 
pact remained the sole basis of the government 
of Plymouth throughout its history as a sep- 
arate colony. It was also important as the 
earliest of the plantation covenants which in 
substance was reproduced by several later 
settlements including the river towns of Con- 
necticut, New Haven and Providence. See 
Plymouth. References: Te.it in W. MacDon- 
ald, Select Charters (1899), 33; A. B. Hart, 
Am. Hist, told by Contemporaries (1897), I, 
No. 98; E. C. Channing, Hist, of the U. S. 
(1905), I, 308-310; H. G. Osgood, Am. Col- 
onies in the Seventeenth Century (1904), I, 
291; L. G. Tyler, England in America (1904). 

O. C. H. 



410 



MAYOR AND EXECUTIVE POWER IN AMERICAN CITIES 



MAYOR AND EXECUTIVE POWER IN AMERICAN 

CITIES 



Colonial Mayor. — During the colonial period 
there was, in the government of the borough, 
no separation of executive from legislative 
functions. The sole organ of borough admin- 
istration was a small council of which the pre- 
siding officer was called the mayor; but the 
mayor was simply a member of the council 
just as he is in the English boroughs of the 
present day. In some boroughs the mayor was 
appointed by the governor of the colony; in 
others he was chosen by the councilmen from 
among their own number; and in rare in- 
stances he was elected by popular vote. He 
held office always for a single year, but might 
be reelected; and served in all cases without 
remuneration. The distinguishing feature of 
his position was that he possessed no powers 
other than those of a presiding officer. He 
had no veto power over decisions of the coun- 
cil and made no appointments to office. In 
certain of the colonial boroughs, as for ex- 
ample in Albany and in New York, the mayor 
was entrusted with various minor responsibil- 
ities such as the regulation of taverns, the 
supervision of markets, the holding of cor- 
oner's inquests, and the hearing of petty con- 
testations at law. The pre-Revolutionary 
American mayor cannot in any sense be re- 
garded as an independent executive officer. His 
office has developed its independence since the 
Revolution. 

After the Revolution. — The outcome of the 
American Revolution and the subsequent adop- 
tion of the Federal Constitution developed a 
wholly new theory of administration in na- 
tional and state government. This was the 
principle of division of powers or, as it is 
sometimes expressed, government based on the 
system of checks and balances. It was not 
long before this principle worked its way 
down into the framework of local administra- 
tion and in a comparatively short time great- 
ly altered the position and powers of the 
mayor. The first evidence of this change ap- 
pears in the Baltimore charter of 1796, con- 
taining provisions that the mayor of the city 
should be chosen for a two-year term by a 
miniature electoral college, the members of 
which were to be elected by voters of the city, 
two from each of the eight wards. Property 
owners only were eligible to be elected and it 
was stipulated that the mayor should have 
a small annual salary. Even more distinctly 
one notes the influence of the federal example 
and analogy in the scope and character of the 
powers which this charter gave to the mayor. 
For example, the mayor's veto here made its 
appearance for the first time in an American 
city charter, since one of the provisions of 



75 



411 



the Baltimore charter of 1796 permitted the 
mayor to return without his signature any res- 
olution of the city council, subject to be over- 
ridden by a three-fourths vote. Again, the 
mayor was given certain powers of appoint- 
ment to municipal offices; but this power was 
closely circumscribed by the condition that he 
should select his appointees from lists sub- 
mitted to him by the aldermen. 

Nineteenth Century Development: Popular 
Election. — It becomes apparent from the fore- 
going and from a study of various other 
charters of the quarter century following the 
adoption of the Federal Constitution that the 
office of mayor in American cities tended to 
become a sort of branch of local administra- 
tion. The mayors were no longer appointed 
by the governor but in most cases chosen by 
the council. Before long even this practice 
gave way in favor of the plan of electing may- 
ors by direct popular vote. One of the first 
charters to adopt this practice was Boston's 
original city charter in 1822. Philadelphia 
first elected its mayor by popular vote in 
1826 and New York followed in 1834. 

Decay of the Councils. — In the matter of ex- 
tending its powers, the municipal executive 
made comparatively small headway until after 
the middle of the nineteenth century. The 
Boston charter of 1822 gave the mayor some- 
what broader appointing powers than those 
contained in the Baltimore charter of 1796, 
for it authorized the mayor to appoint whom 
he chose, subject to confirmation by the alder- 
men. But there was no distinct shifting of 
the balance of power from the legislative to 
the executive organ in American city gov- 
ernment until about the eve of the Civil War. 
About this time the city council seems every- 
where to have lost ground. This fact is com- 
monly attributed to the demoralization in 
city government which seemed to come quite 
closely on the heels of the great alien influx 
of the period intervening between 1840 and 
1855. The conduct of city affairs by the coun- 
cil developed extravagance, waste, inefficiency, 
and sometimes corruption. Various functions 
were entrusted by the council to cumbrous 
committees, the members of which had been 
selected as the result of deals and electioneer- 
ing tactics. The committees gave little at- 
tention to the actual administration of their 
respective departments and demoralization of 
the city's business was an inevitable outcome. 

State Administrative Bodies. — The natural 
result of all this was state intervention. City 
charters were altered in many cases in such 
way as to take functions from the council 
and give them to state-appointed boards. 



MAYOR AND EXECUTIVE POWER IN AMERICAN CITIES 



Thus, in 1860, the legislature of Maryland 
transferred to a state board the police ad- 
ministration of Baltimore. A year later 
the legislature of Illinois did the same service 
for Chicago. In 1865 the legislature of New 
York withdrew from the council of the metrop- 
olis its control of police, fire protection, pub- 
lic health, and licensing, giving all these into 
the hands of state commissions. A course of 
reaction came against this policy of state in- 
terference; and in some cases the legislature 
relented and restored local control. When 
control was restored, however, it did not go 
back to the council but to separate executive 
boards, the members of which were to be ap- 
pointed by the mayor or directly elected. 
Where the power of appointment went to the 
mayor it brought a substantial increase in 
the powers of his office; but even where the 
administrative boards were directly elected 
this meant a notable shifting of power and in- 
fluence from the legislative to the executive 
branch of the city government. 

Extension of Mayor's Powers. — During the 
second half of the nineteenth century the ex- 
tension of executive influence in city adminis- 
tration has progressed very steadily. The old 
practice of requiring that the mayor's ap- 
pointments, to be valid, should be confirmed 
by the aldermen, came, in time, to be looked 
upon with some disfavor; and in 1882 Brook- 
lyn took the lead in eliminating this provi- 
sion from the city charter. New York fol- 
lowed, and other cities of the same state in 
time adopted the Brooklyn plan. In other 
states a great many cities still retain the prac- 
tice of aldermanic confirmation, but more and 
more are gradually abandoning it. Still it 
seems to persist even at the present day in the 
majority of American cities. 

In the field of municipal finance, moreover, 
the office of mayor has gained the upper hand 
in many cities during the last quarter cen- 
tury. At one time the preparation of the mu- 
nicipal budget was wholly within the jurisdic- 
tion of the council. In some cities this has 
now passed to the mayor. In many others 
the drift is unmistakably in the same direc- 
tion. The power to award contracts for mu- 
nicipal works, likewise, is drifting more or less 
completely out of the council's hands. Along 
with all this one notes a tendency to lengthen 
the mayor's term of office, to increase his 
stipend, and to afford him all due facilities 
for the effective exercise of his broadened au- 
thority. 

Lack of Uniformity. — While this develop- 
ment of the office of mayor to a dominant posi- 
tion in American city administration can be 
followed in a general way when one views the 
country as a whole, it has not proceeded at 
the same pace in all sections. In cities like 
New York and Boston the present-day powers 
of the mayor dwarf into insignificance the au- 
thority of the municipal councils; but in cities 



like Chicago and Philadelphia it is otherwise, 
for there the municipal councils still maintain 
a strong grip upon the many important func- 
tions of local government. Indeed, it is very 
difficult, in describing the position and powers 
of the American mayor, to make any impor- 
tant statement without large reservations. 
When one speaks of the functions of the mayor 
in any particular English city, what he may 
say holds true of mayors in all English cit- 
ies; or when one studies the authority pos- 
sessed by the burgomaster of Cologne or Char- 
lottenburg or Diisseldorf, this may be applied 
without any considerable modification to any 
other Prussian city. In the United States it 
might almost be said that the powers of the 
mayor are in no two cities precisely alike. 
There is, in fact, scarcely a single statement 
concerning the jurisdiction of the municipal 
executive in this country which would hold 
true of all the cities and not many statements 
that might be accurately applied to even a 
majority of them. Nevertheless the American 
municipal executive can be described, so far 
as his position and powers are concerned, in 
a general way. 

Method of Election. — In nearly all American 
cities the mayor is elected by direct popular 
vote. The only important exceptions are 
those cities which under the Galveston plan 
{see Commission System) elect a commission 
of five members by popular vote and then per- 
mit the mayor to be chosen by the commission 
from among its own membership. Candidates 
for the office of mayor are placed in nomina- 
tion in the majority of cities by means of 
party caucuses or primaries. Some have 
adopted a primary which is non-partisan. 
In Boston the candidates for the mayoralty 
may be nominated only by petitions bearing 
the signatures of at least five thousand quali- 
fied voters. In one or two cities official nom- 
inations can be made by a very small number 
of signatures and the elimination of candi- 
dates is effected by a system of preferential 
voting at the polls. In any case the system 
of nominating candidates for the office of 
mayor is the same as that in vogue for the 
making of nominations to other municipal 
officers. In this matter there is wide variation 
in different parts of the country; the drift 
is unmistakably away from party caucuses 
and primaries, but upon the most desirable 
among the various other systems there ap- 
pears to be no agreement. Elections are 
everywhere by secret ballot; and a plurality 
of votes (save in one or two cities which have 
adopted the system of preferential voting) is 
sufficient to elect. 

Term of Office. — The mayor's term of office 
varies in different cities from one to four 
years. Many New England cities continue the 
annual term, which is a reminder of town gov- 
ernment days. Most cities of small or medium 
size throughout the country have a two-year 



412 



MAYOR AND EXECUTIVE POWER IN AMERICAN CITIES 



mayoral term. Very few have adopted three 
years, but at least a dozen large cities have 
lengthened the mayor's tenure of office to 
four years. Among these are New York, Phila- 
delphia, Chicago, St. Louis, Boston, and Balti- 
more, the six largest cities of the United States. 
In Boston, however, the mayor may be recalled 
from office at the end of two years. In New 
York any mayor may be removed at any time 
by the governor of the state, but only after a 
public hearing at which due cause for removal 
has been shown. The tendency in recent 
years has been to lengthen executive terms. 
Particularly in the larger cities the impres- 
sion has gained ground that a two-year term 
is unprofitably short. Where it exists the 
mayor is apt to spend his first year of office 
in learning the duties imposed upon him by 
the city charter; then the second year must 
often be given over largely to the work of 
repairing his political fences for reelection. 
The voters, accordingly, are too frequently 
asked to reelect a mayor, not because he has 
made a record, but because he has not had a 
fair opportunity to make a record of any sort. 
The term of four years gives ample chance to 
make and set before the voters a record upon 
which they may pass fair judgment. It is 
none too long for this purpose, particularly 
if one bears in mind that in American cities, 
as distinguished from European, the mayor 
rarely brings any local administrative ex- 
perience into office with him. He necessar- 
ily avoids mistakes by going slowly at first 
and this is apt to mean ineffectiveness dur- 
ing his initial year in office. The possibility 
of recalling a mayor before his term has ex- 
pired seems to have disposed some cities to 
deal more liberally in the way of long terms. 
Qualifications and Salary. — As a rule any 
qualified voter of the city is eligible to elec- 
tion, but some city charters impose additional 
qualifications. Some require at least five years 
of residence in the city; others prescribe a 
minimum age limit; and a few (as, for ex- 
ample, Baltimore) continue a property qualifi- 
cation. No city requires that a mayor shall 
have had previous administrative experience. 
As a matter of fact, previous political expe- 
rience proves more often a handicap than 
otherwise to aspirants. Except in the very 
smallest cities the office carries an annual 
salary. This may be fixed in amount by the 
charter or it may be determined by ordinance. 
In practice it varies with the size of the city. 
New York pays its mayor $15,000, Philadel- 
phia $12,000, and Boston $10,000 per annum. 
In smaller cities the annual stipend drops to 
a thousand dollars or even less. It is only 
in rare cases, however, that the office can be 
filled at other than a financial sacrifice on the 
part of its incumbent, for the demands upon 
the mayor of an American city for contribu- 
tions to the support of his party organization 
and for general ^expenses connected with his 



nomination and election are certain to be large. 
The published returns of the Boston election 
of 1909 showed that the two leading candi- 
dates for the office of mayor spent from their 
own pockets for legitimate expenses a sum ag- 
gregating $130,000, or more than the total 
salary of the office for twelve years. In most 
cities the mayor is reeligible, the only import- 
ant exception being Philadelphia. Reflections 
are common, particularly in those cities which 
retain the one-year or two-year terms. Except 
in rare cases the office of mayor has not proved 
a stepping-stone to higher positions in the 
state or national government. Notable excep- 
tion to this are the experiences of William E. 
Russell who, through the mayoralty of Cam- 
bridge, reached the governorship of Massachu- 
setts; and Grover Cleveland, who began his 
political career as mayor of Buffalo and passed 
to the presidency of the United States by way 
of the governorship of New York. 

Present-Day Powers. — According to the the- 
ory of American city government, the office 
of mayor carries no legislative power. It is a 
purely administrative office. As a matter of 
fact, however, the mayor is very often an im- 
portant factor in local legislation. In a few 
cases, as for example in Chicago, the mayor 
is the presiding officer of the municipal coun- 
cil, but in most cities he has no such privilege 
and may address the council only by written 
messages. In these messages he may, and often 
does, suggest ordinances, and his suggestions 
always carry due weight. In those cities where 
the mayor is the head of his party organiza- 
tion, his recommendations, in so far as they 
relate to local legislation, are often practically 
decisive. In the main, however, the mayor's 
functions are administrative and this class of 
functions may be grouped under three main 
heads, namely: the veto power, powers con- 
nected with appointments, and powers con- 
nected with appropriations. 

Veto Power. — The mayor's veto power is of 
course one of the many manifestations in local 
government of the influence of the federal 
analogy. Most city charters provide that 
every ordinance or resolution of the council 
must be sent to the mayor for his approval. 
If he approves it, he signs the measure, where- 
upon it becomes effective; if he does not ap- 
prove it, he must return it unsigned to the 
council within a prescribed number of days 
with his reason for refusing his approval, 
otherwise it goes into force without his signa- 
ture. When there are two councils the mayor 
sends the measure to that body in which it 
originated. When the council receives an 
ordinance or resolution from the mayor with- 
out his signature, a vote is forthwith taken 
upon the question of sustaining the mayor's 
veto, and if a prescribed majority of the coun- 
cillors vote for the measure again, it goes into 
effect, the mayor's disapproval notwithstand- 
ing. Where there are two councils, the pre- 



413 



MAYOR AND EXECUTIVE POWER IN AMERICAN CITIES 



scribed majority must be obtained in each. 
In general, a mayor's veto can be overcome by 
a two-thirds vote of one or both councils as 
the ease may be ; but in some cities the require- 
ment is more rigid. In Philadelphia for in- 
stance, the requirement is three-fifths, in Balti- 
more three-fourths and in San Francisco it is 
seven-ninths. If the required majority cannot 
be had, the mayor's veto is final. There is in 
the municipal system, however, no such feature 
as that which is commonly known in the na- 
tional and state governments as the "pocket 
veto." 

In practice the mayor's veto power has not, 
on the whole, contributed much to the effi- 
ciency of American municipal administration. 
In many instances it has no doubt served the 
cause of eeonomy, but it has been quite as 
often an effective instrument of administrative 
intimidation. Mayors in all parts of the coun- 
try have used it without much scruple to brow- 
beat councils into submission. Vetoes and 
threats of vetoes have often forced councilmen 
to choose between the executive assassination 
of their own measures and a policy of sub- 
mission to the mayor in other matters. Boards 
of aldermen, for example, have time and again 
confirmed the mayor's appointment under 
threats that measures in which they or their 
constituencies were interested would encounter 
the mayor's veto. The veto power has thus 
become in many cases an instrument of politi- 
cal jugglery. Its existence has not infrequent- 
ly allowed councils to evade responsibility for 
ordinances or appropriations and has enabled 
them to throw upon the shoulders of the mayor 
an onus which the logic of the municipal sys- 
tem intended the council to bear. 

Appointing Power. — A second power of the 
mayor is that of making appointments to the 
headships of the various city departments. In 
most American cities, large and small, a few 
of these officers are still directly elected by the 
people; in some others certain officers are still 
chosen by the council. Here and there one 
finds an important municipal officer appointed 
by the state executive; and in a few rare in- 
stances all appointments are made by the high- 
er state courts. Most appointments to higher 
municipal posts are, however, not made in 
any of these three ways, but come within the 
jurisdiction of the mayor. Sometimes, as in 
ISJew York City, San Francisco, and Denver, 
the mayor has a free hand in making these 
appointments, which means that his action is 
not subject to confirmation by any municipal 
or state authority. In exceptional cases, as 
for example in Boston, appointments to head- 
ships of departments when made by the mayor 
must be confirmed, before they are effective, 
by a state civil service commission. But in 
the great majority of American cities, the 
mayor's appointments are subject to confirma- 
tion by the board of aldermen where there are 
two chambers in the municipal council, or by 



the city council where there is only one cham- 
ber. For the adoption of this practice there 
seems to have been no reason other than that 
it corresponds, in a general way, to a feature 
of national and state government. It ought 
to be pointed out, however, that, while the 
system of council confirmation has had an ex- 
tended vogue in the cities of the United States, 
people have of late come to view its alleged 
merits with increasing skepticism. More often 
than otherwise, this feature has afforded to 
mayors a convenient means of making inferior 
appointments without incurring the odium 
which would attach to this action if confirma- 
tion were not required. On the other hand, it 
may be doubted whether it has ever proved an 
effective check upon the exercise of the mayor's 
discretion or has in any way safeguarded the 
cities against the selection of incompetents. In 
most recent charters the confirmation feature 
has been eliminated. 

Financial Powers.— The third important ad- 
ministrative function of the American mayor 
connects itself with the preparation of the 
municipal budget. There was a time when 
this work was performed by the city council 
and was entrusted by it to one of its standing 
committees. That is the plan still followed in 
the cities in the United Kingdom ; but it never 
proved satisfactory in this country. Members 
of the city council spent a good deal of time 
maneuvering for positions on the finance com- 
mittee and used their success chiefly as a 
means of getting appropriations for their own 
wards or districts. The size of various items 
in the budget became very largely a matter 
of relative efficiency in logrolling on the part 
of councillors, and the city treasury bore the 
burden of it all. Hence developed, in time, 
the practice of taking from the council all 
initiative in appropriations and loans. In some 
cases, as for example in the cities of New 
York state, the work of appropriating the bud- 
get, and thereby determining the annual tax 
rate, was given to a board of estimate and 
apportionment. In other cities, as for example 
in Boston, it was given directly to the mayor. 
It is still necessary in all cases, however, that 
the appropriations shall be voted by the mu- 
nicipal council and under various restrictions 
the council may yet increase or reduce the 
various items. 

Miscellaneous Executive Functions. — In ad- 
dition to the three foregoing administrative 
powers the mayor has duties of a rather mis- 
cellaneous sort. In some cities he is entrusted 
by the charter with the general supervision 
over the various municipal departments; but 
this of itself is no important addition to his 
authority. If the mayor has power to appoint 
and remove the department heads, he needs no 
specific grant of supervisory jurisdiction over 
what they do. If he has not the power to 
appoint and remove, a formal grant of this 
jurisdiction avails but little. In some cities 



414 



MAYOR IN EUROPEAN CITIES 



mayors are given the right to call for reports 
from the city departments at stated intervals. 
In others they are given the right to inspect 
accounts or to conduct investigations. In a 
few cities the mayor is authorized to call out 
the militia when necessary; and in some he 
may pardon offenders who have been convicted 
in the municipal court and may remove fines 
imposed there. Some city charters require 
that contracts shall have the mayor's approval. 

Summary. — It is beyond question that the 
powers and duties which ordinarily attach to 
the office of mayor in American cities have 
greatly increased during the last forty or fifty 
years. In the other branches of American gov- 
ernment, national and state, the adjustment of 
executive and legislative powers, as originally 
established, has not been very seriously dis- 
turbed. But in the realm of municipal admin- 
istration the shifting of power has been very 
marked indeed. From his original place as a 
dependent and subordinate of the municipal 
legislature, the mayor's office has risen stead- 
ily to a plane where it is at least coordinate 
in powers with the council and very often su- 
perior to it in point of real influence. This 
means, of course, that the authority and pres- 
tige of the municipal council has been corre- 
spondingly impaired. Whether this develop- 
ment has served on the whole to increase the 
efficiency of municipal administration, is an 
open question. 

See Appointments to Office; Boards, Mu- 
nicipal; Cabinet Government, Theory of; 
City and the State; Commission System of 
City Government; Mayor in European Cit- 
ies; Municipal Government, Functions of; 
Police in American Cities ; Salaries of Pub- 
lic Officials; Terms of Public Officers; 
Veto Power. 

References: A. R. Hatton, Digest of City 
Charters (1906); F. J. Goodnow, Municipal 
Government (1909), ch. xi, City Gov't (1904), 
chs. viii-xiii, Municipal Problems (1904), ch. 
x; D. B. Eaton, The Government of Municipal- 
ities (1899), ch. xiv; E. A. Greenlaw, "The 
Office of Mayor in the United States" in Mu- 
nicipal Affairs (1899), III, 33-60; E. D. Du- 
rand, "Council vs. Mayor" in Political Science 
Quarterly, XV (1900), 426-451, 675-709; Bos- 
ton Finance Commission, Reports, 1909, es- 
pecially II, 211-230; J. A. Fairlie, Municipal 
Administration (1906), ch. xix; N. Matthews, 
City Government of Boston (1895); C. W. 
Elliot, Am. Contributions to Civilization 
(1897), vii; bibliography in A. B. Hart, Man- 
ual (1908), § 211. 

William Bennett Munro. 

MAYOR IN EUROPEAN CITIES. In no 

important European city is the office of mayor 
regarded as an independent executive post 
without accountability to the other organs of 
city government. The mayor is in all cases 
either appointed by the higher authorities or 



415 



chosen by the municipal council, usually the 
latter. In no case is he elected by popular 
vote. The mayor's position and powers differ 
greatly in different countries, but in the'more 
important countries they are substantially as 
follows : 

England. — The mayor is chosen for a one- 
year term by the aldermen and councillors 
who, sitting together, constitute the borough 
council (see Local Government in England). 
He may be chosen by the council from 
among its own membership, which is usual, 
or from outside, which is not at all un- 
common. The English mayor receives no sal- 
ary fixed by statute, but the council is em- 
powered to grant him "such remuneration as 
it may think reasonable." The amounts so 
granted are not usually more than sufficient 
to pay the necessary public expenses connected 
with a year's tenure of the office. The mayor 
presides at all meetings of the council; but 
he does not appoint the council committees, 
and he has, of course, no veto power over the 
acts of this body. He makes practically no 
appointments, and indeed has no powers of 
any consequence save those which he possesses 
as a member of the council. 

France. — In France the maire of every com- 
mune is chosen for a four-year term by the 
communal council from the ranks of its own 
members ( see Municipal Government in. Con- 
tinental Europe) . He receives no fixed sal- 
ary, but may be granted, with the approval 
of the prefect (see) a sum sufficient to cover 
his expenses. But the French maire has im- 
portant powers both as the administrative 
head of the commune and as the local agent 
of the central government. He presides at all 
meetings of the municipality. He prepares 
the annual budget of the municipality, pre- 
sents this to the council, and when it has 
passed that body, transmits it to the prefect 
for his approval. In the larger municipalities 
the budget must also have the approval of the 
national authorities. He makes most of the 
appointments to municipal offices and has a 
general supervision over the various municipal 
departments. In this work he is assisted by 
one or more adjoints, or assistant mayors, also 
chosen by the council. Subject to the control 
of the prefect he is in charge of local police. 
As local agent of the central government he 
has various duties connected with the prepara- 
tion of voters' lists, the care of the etat civil 
or communal registry, and the administration 
of the laws relating to compulsory military 
service. Various matters relating to sanita- 
tion, traffic on the streets, and poor relief, are 
also within the mayor's jurisdiction. 

Germany. — -The German mayor or Bur ger- 
meister, is chosen by the municipal council 
(stadtrerordneten Versammlung) , usually from 
outside its own membership. The term is rare- 
ly less than twelve years, and often for life. 
The Germaja ffiirgermeister is well paid; is an 



MEAT INSPECTION— MECKLENBURG DECLARATION OF INDEPENDENCE 



expert in municipal administration; is given 
full security of tenure; and looks upon his 
office as a profession. He presides at meetings 
of the administrative council {Magistral) and 
is the chief member of this body in point of 
influence. He does not, however, make ap- 
pointments to the more important municipal 
posts and does not have charge of the city 
departments. He is rather primus inter pares 
in the administrative council which is the real 
administrative organ of the city, possessing in 
addition several special prerogatives which are 
mainly of an honorary or formal character. 

Other Countries. — In Belgium the moire 
is appointed with the approval of the crown 
from among the members of the municipal 
council and has powers which correspond 
roughly to those of his colleague in the French 
commune. In Spain the alcalde is chosen by 
the local council for a four-year term; and 
in Italy the syndic is selected triennially by 
the council from among its own members. The 
Austrian Bur germeister is chosen for six years 
by the municipal council with the confirmation 
of the Crown. 

See Executive and Executive Reform; 
Municipal Government in Continental Eu- 
rope. 

References: W. B. Munro, Government of 
European Cities (1908) ; Albert Shaw, Munici- 
pal Government in Continental Europe 
(1897) ; P. W. L. Ashley, Local and Central 
Government ( 1907 ) . 

William Bennett Munro. 

MEAT INSPECTION. The entire system of 
national meat inspection is based upon the 
power of Congress to regulate interstate com- 
merce. The Federal Government is wholly with- 
out power to use any supervision over meat 
which is slaughtered, sold and consumed with- 
in an individual state, and that is about one- 
half of the entire meat of this country. For 
this product there is a very inadequate state 
or municipal inspection, or none at all. The 
municipalities should have the service of com- 
petent veterinary surgeons, as does the Federal 
Government. 

Federal inspection has been operative for 
over twenty years, the first meat inspection act 
having been March 3, 1891, and is thoroughly 
systematized and efficient. Most of the estab- 
lishments inspected by the Government are 
grouped in the great slaughter-house centers. 

Previous to 1891 the statutes were inade- 
quate because they did not follow the meat 
through the different processes of curing, pick- 
ling, etc., nor supervise the sanitary conditions 
of the surroundings. The country was roused 
by a lurid novel, The Jungle, describing condi- 
tions in some of the Chicago slaughter-houses, 
and a federal act of June 30, 1906, supplied 
these deficiencies. There is now a permannt 
annual appropriation of $3,000,000.00 for meat 
inspection by the Bureau of Animal Industry 



under the Department of Agriculture, which 
employed 3,284 men in 1911. The consumer 
may feel safe in buying meat marked in pur- 
ple ink, "U. S. Inspected and passed," but 
unfortunately about one-half of all the meat 
in the country lacks this guarantee. 

See Commerce, International; Inspection 
as a Function of Government; Pure Food. 

References: U. S. Bureau of Animal Indus- 
try, Annual Reports, 1910; A. D. Murphy in 
Circular No. 185 (1912) ; G. H. Parks in Cir- 
cular No. US (1909). Paul Pierce. 



MECHANIC ARTS HIGH SCHOOLS. 

Schools, High, Mechanic Arts. 



See 



MECHANIC'S LIEN. This term is usually 
applied to a claim by a man furnishing ma- 
terial on a building, on land, or other im- 
provement of real estate; but it is also some- 
times applied to other liens, such as that of 
lumbermen on the logs cut, or artisans' liens 
on the goods on which they work. This latter 
is a very old doctrine of the common law. 
In this country the ordinary lien is the me- 
chanics' lien on real estate, by which the effort 
is to give the workman an absolute guaranty 
of his wages or materials regardless of the 
fact whether his work was ordered by or given 
to the owner of the land or building; it has 
been carried so far as sometimes to be held 
unreasonable and unconstitutional. It has 
been sought even to make such liens superior 
to a mortgage of the land previously executed 
and recorded. There is hardly any body of 
legislation throughout the United States of 
which the bulk is so vast and so frequently 
amended. See Labor, Protection to. Ref- 
erences: U. S. Industrial Commission, Report, 
V (1900), 96, 97; U. S. Labor Commissioner, 
"Labor Laws of the U. S." in 22d Annual Re- 
port, 1907; S. Bloom, Mechanic's Liens (1910). 

F. J. S. 



MECKLENBURG DECLARATION OF IN- 
DEPENDENCE. On May 31, 1775, the commit- 
tee of safety of Mecklenburg County, North 
Carolina, meeting in Charlotte, passed twenty 
resolutions declaring the royal authority sus- 
pended and providing for the administration 
of local affairs until action should be taken 
by the provincial congress or Parliament 
should renounce its "pretentions." These res- 
olutions were printed in the South Carolina 
Gazette of June 13 and elsewhere, were trans- 
mitted to the home government by the royal 
governor, Martin, and were forwarded to the 
Continental Congress where they appear to 
have been received with some reserve. Al- 
though more independent in spirit than most 
of the resolutions of the time they by no means 
constituted a declaration of independence. As 
early as 1783, however, the tradition of west- 
ern North Carolina had begun to regard them 
as such, a view which was favored by the 
416 



MEDIAEVAL CITY LEAGUES— MENDING FENCES 



burning of the original records in 1800. Short- 
ly after their destruction, John McKnitt Alex- 
ander, in whose house they had been kept, 
attempted to reconstruct them from memory, 
in which process he appears to have confused 
the resolutions of May 31 with the national 
Declaration of 1776, and assigned to them a 
wrong date. An elaborated form of Alexan- 
der's version, by whom compiled is not known, 
published after his death in the Raleigh Regis- 
ter of April 30, 1819, gave definite shape to 
the tradition, which now recited that on May 
19-20, 1775, a convention met in Charlotte and 
passed a declaration of independence in the 
form of five resolutions, the wording of which 
was so similar to that of certain phrases of 
the national Declaration, that the framers of 
this latter had evidently drawn their inspira- 
tion from the Mecklenburg document. The 
resolutions of May 31, which could not be over- 
looked because printed in various contempo- 
rary newspapers, were explained as being "by- 
laws" passed later than and as supplementary 
to the "declaration." In this form the tra- 
dition came to be popularly accepted, not only 
in North Carolina but outside the state as 
well. In 1905, however, the publication of a 
spurious document, designed to confirm the 
tradition, led to a closer examination of the 
evidence and to the discovery of new material, 
with the result that the tradition was shown 
to be entirely unhistorical, a view already held 
by the most critical students. References: The 
best defense of the tradition is G. W. Graham, 
The Mecklenburg Declaration of Independence 
(1906); the final critical study, W. H. Hoyt> 
The Mecklenburg Declaration of Independence, 
( 1907 ) ; A. S. Salley, Jr., "The Mecklenburg 
Declaration" in Am. Hist. Review, XIII 
(1907), 16; A. S. Salley, Jr. and W. C. Ford, 
in ibid, XI (1906), 548-558. W. G. L. 

MEDIAEVAL CITY LEAGUES. During the 
Middle Ages, many cities became practically 
independent. They developed considerable 
military strength, and entered into close com- 
mercial relations with one another. In order 
to safe-guard their commerce and secure their 
political freedom, they formed associations 
which took on a more or less federal character. 
Among the first of the mediaeval cities to 
combine were those of Italy. The great Lom- 
bard League, though it did not effect a per- 
manent federal organization, in 1167 formed a 
combination for military purposes strong 
enough to compel the confirmation of certain 
privileges. Other leagues also sprang up, tem- 
porary in character but effective, possessed of 
an occasional deliberative body which con- 
sulted on matters of common interest, and with 
sufficient coercive power to force unwilling 
cities to join. These leagues, however, result- 
ed in no permanent organization on federal 
lines. Influenced by these Italian cities, there 
arose associations of German cities, the most 



notable being the federation of the more im- 
portant Rhine towns, which united in a com- 
mercial combination known as the "Rhenish 
League," 1254-1350, holding assemblies at 
stated intervals and which, though possessing 
small legislative powers, nevertheless erected 
a federal court for the adjustment of contro- 
versies between the members. When the Rhen- 
ish League fell away, many of its members 
allied themselves to the Hanse or Swabian 
League. The Hanseatic League (see) added 
to the idea of combination for defensive pur- 
poses the character of union for purposes of 
offence. Primarily formed for commercial 
ends, it assumed, also, a political form and an 
international attitude, reserving the right to 
make war and enter into treaties of peace; 
born in 1367, it died in 1669. The same tend- 
ency of mediaeval cities to federate was seen 
also in Spain and in the cities of Flanders 
and France. In Scotland this federating idea 
is found in a league which probably dates back 
to the Parliament of the Four Burghs, con- 
sisting originally of Berwick, Roxburgh, Edin- 
burgh and Stirling, afterward growing into 
the Convention of Burghs, which exists to the 
present day. The Parliament of the Four 
Burghs dates from 1295. The federation of 
cities in England was confined to the Cinque 
Ports, 1278-1660, composed of the towns on 
the seacoast most exposed to foreign attacks, 
and possessing extraordinary privileges of self- 
government. See Coxfedeeation ; Hanseatic 
League. Reference: A. B. Hart, Federal Gov- 
ernment (1891), 37-43. B. E. H. 

MEDIATION. See Good Offices; Inteb- 

VEXTION. 

MEDICAL INSPECTION OF SCHOOLS. See 

Schools, Medical Inspection of. 

MEDICINE AND SURGERY, BUREAU OF. 

The Bureau of Medicine and Surgery is one 
of the bureaus of the United States Navy De- 
partment (see). It is under the direction ot 
the surgeon-general of the Navy, and is charged 
with the supervision of the health and sanita- 
tion of the navy and marine corps. It main- 
tains naval hospitals, a medical corps, a naval 
medical school, a hospital corps, and a hospital 
corps training school; and furnishes nurses 
and dentists for officers and enlisted men. 
References: Secretary of the Navy, Annual Re- 
ports; J. A. Fairlie, National Administration 
of the U. 8. (1905), 160. A. N. H. 

MEMORIAL DAY. See Decoeation Day. 

MENDING FENCES. An expression refer- 
ring to the occasional return of a congressman 
or other official to his home state or district to 
make sure that the party machinery is in 
running order in preparation for his renomina- 
tion and reelection. O. C. H, 



417 



MERCANTILE APPRAISERS— MERIT SYSTEM 



MERCANTILE APPRAISERS. Under the See Coasting Trade; Docks and Wharves, 



act of 1842 there was a system of appraisal 
of goods imported into the United States by 
men engaged in trade; the collector, in each 
case of protest, appointed two "discreet and 
experienced merchants." The system enabled 
one business man to know the trade methods 
of a rival, and gave rise to violent disputes. 
It was superseded in the administrative tariff 
of 1890 by the appointment of boards of gen- 
eral appraisers having final authority on val- 
ues, and the right of decision on class of 
rates, subject to appeal to the courts. See 
Appraisal of Imported Goods; Appraisers, 
Board of General; Tariff Administration. 
References: J. D. Goss, Tariff Administration 
(1890); Administrative Tariff Act (June 10, 
1890) ; and later federal statutes. A. B. H. 

MERCANTILISM. A system of political 
economy prevalent chiefly in the eighteenth 
century which, in its extreme form, held that 
gold and silver are the most desirable wealth 
and that any community is therefore under 
obligations to gather precious metals. It in- 
volved the attempt on the part of the state 
to import as few goods as possible and to ex- 
port as much as possible, in order that gold 
and silver might be received in exchange or to 
make up the difference. This difference be- 
tween exports and imports is commonly called 
the balance of trade (see). In order that gold 
and silver might be brought into the country, 
the system emphasized the importance of for- 
eign trade, as compared with domestic, and 
endeavored to regulate trade in order that gold 
and silver might be introduced. It naturally 
preferred the importation of raw materials to 
the importation of manufactured materials. 
See Economic Theory, History of. Refer- 
ences: G. Schmoller, The Mercantile System 
(1884, trans, by W. J. Ashley, 1897); C. F. 
Bastable, The Commerce of Nations (5th ed., 
1911), chs. iv, v; W. Cunningham, Growth of 
English Industry and Commerce m Modern 
Times (4th ed., 1907), Pt. I; J. K. Ingram, 
A Hist, of Political Economy (1894), 36-54; 
L. Cossa, Introduction to the Study of Pol- 
Economy (trans, by L. Dyer, 1893), 193-210; 
A. J. Sargent, "The Economic Policy of Col- 
bert," in Studies in Economics and Pol. Sci. 
(1899). E. H. V. 

MERCHANT MARINE. The merchant ma- 
rine of the United States includes: (1) docu- 
mented vessels, comprising American-built 
vessels of twenty or more tons register, (a) 
registered for the foreign trade, or (b) en- 
rolled for the domestic trade, and (c) licensed 
vessels of five to twenty tons register; (2) 
undocumented craft, such as barges, floats and 
lighters, that are always towed. The total 
American merchant marine includes about 
14,000,000 tons of vessels, about half of which 
are documented, principally for domestic trade. 



Public; Immigration; Interstate Commerce 
Legislation; Navigation, Regulation of; 
Pilotage; Registry of Shipping; Seamen, 
Status of; Shipbuilding; Shipping, Regu- 
lation of; Steamboat Inspection; Subsidies 
to Shipping. E. R. J. 

MERGER OF RAILROADS. In recent dis- 
cussions of corporation practice, the term 
"merger" is given a broad meaning and is 
used to cover all forms of corporate combina- 
tion, whether accomplished by absorption, con- 
solidation or mere stock-holding. But if legal 
treatises are to be accepted as authority, 
"merger" in its narrower and more technical 
sense covers only those forms of combination 
in which two or more corporations are united 
by the transfer of the property of all of them 
to one, which continues its existence, the others 
being merged therein. This method of combin- 
ation was common in railroad practice in the 
earlier years of system building; that is, par- 
ticularly in the decades of the sixties and 
seventies. Efficient railroading demanded that 
connecting lines should be united to form 
through routes, that branch roads should be 
brought under a centralized management. 
Hence occurred the absorption of the smaller 
line by the larger, effected by a purchase of 
the road and franchise. This method, although 
now and again resorted to, is not commonly 
employed at present. The popular method of 
railroad combination is through purchase of 
securities. See Holding Companies; 

Northern Securities Case; Railroad Com- 
missions, State; Sherman Anti-Trust Act. 
References: F. A. Cleveland and F. W. Powell, 
Railroad Finance (1912), 291. F. H. D. 

MERIT SYSTEM. A name which was 
adopted in contrast to the spoils system, and 
which is used to denote the method of appoint- 
ment to public office in which selection is based 
solely upon the merit and fitness of the ap- 
pointee for the position to be filled. It is 
synonymous with civil service reform and al- 
though broad enough to cover any method of 
appointment which will result in the object 
sought, it is commonly used to designate that 
system of appointment to public office which is 
based upon open competitive examination. The 
merit system in the United States was adopted 
from the English system. After unsuccessful 
attempts to curb the evils of the spoils system 
by means of non-competitive or pass examina- 
tions, competitive examinations were intro- 
duced in the British Indian service and in the 
national service in the British Isles in 1854-5. 
The system in England remained a limited 
competition until 1870 when open competitive 
examination was provided for. Bills for the 
establishment of the merit system in the 
United States service were introduced into 
Congress in 1864 and in 1865, but failed of 



418 



MESSAGES, EXECUTIVE 



passage. A rider to an appropriation bill in 
1871 gave the President power to prescribe 
regulations for admission to the civil service, 
and under this authority President Grant ap- 
pointed the first civil service commission with 
George William Curtis as its chairman. The 
rules were suspended, however, in 1875 be- 
cause of failure of Congress to appropriate 
for the support of the work of the commission 
and the first complete and detailed civil serv- 
ice law providing for the merit system was 
passed in 1883. Its application has been ex- 
tended until the merit system now covers ap- 
proximately 300,000 positions. Provision for 
the merit system has been made, also, in six 
states and over 200 cities. See Appointments 
to Office; Civil Service Examinations; 
Civil Service, Federal; Civil Service, State. 
References: C. K. Fish, Civil Service and the 
Patronage (1905), "Removal of Officials by the 
President of the United States" in Am. Hist. 
Asso., Annual Reports, 1899, I, 67-86; D. B. 
Eaton, Civil Service in Great Britain (1886) ; 
National Civil Service Reform League, Publica- 
tions-, P. S. Reinsch, "Civil Service," in Read- 
ings on Am. Federal Gov. ( 1909 ) ; E. B. K. 
Foltz, Federal Civil Service as a Career ( 1909 ) , 
chs. iii, iv. Elliot H. Goodwin. 

MESSAGES, EXECUTIVE. The Federal 

Constitution provides that the President shall 
"from time to time give to the Congress infor- 
mation of the state of the Union" (Art. II, 
Sec. iii) ; and state constitutions confer upon 
the governor the right and duty to communi- 
cate with the legislature concerning the public 
affairs of the commonwealth. Under this pro- 
vision the President transmits to Congress a 
message at the opening of each session, veto 
messages, and special messages from time to 
time as matters arise which he deems impor- 
tant. It was the practice of Washington and 
Adams to deliver the presidential message at 
the opening of Congress in person to the Sen- 
ate and the House of Representatives in joint 
assembly. This practice, however, was aban- 
doned by Jefferson who sent his message to 
Congress by his private secretary. The de- 
livery in person was intended to invite a gen- 
eral discussion in Congress on the policy of 
the government. This works well enough in 
a parliamentary system, but is not particu- 
larly adapted to presidential government. 
Nevertheless, the custom was revived by Presi- 
dent Wilson in 1913. 

Preparation and Purpose. — The presidential 
message, especially that sent at the opening 
of each session of Congress, is by no means 
necessarily prepared by the President alone; 
and there are, indeed, one or two instances of 
its having been written by some one closely con- 
nected with the President. The material for 
the message is usually collected by the various 
departments and the President treats it as he 
sees fit. The message has been used for a 



large variety of purposes. It may be a per- 
functory review of domestic and foreign af- 
fairs or the positive statement of American 
policy on some subject, as for example the 
Monroe Doctrine (see). It may be devoted 
to advocating some particular measure or set 
of measures to be enacted into law by Con- 
gress; and in fact it may be accompanied by 
complete drafts of bills. It may be used as a 
purely party document for the purpose of 
stating the policy of the party to the country, 
or preparing the way for a renomination of 
the President, or drawing the party together 
in the two houses, or disconcerting the oppo- 
sition in Congress. Again, it may be used as 
a means of arousing public interest — for ex- 
ample, some of President Roosevelt's messages 
advocating social reforms not at the time with- 
in the realm of immediate practical politics. 
Again it may be used by the President for the 
purpose of rallying the country to the execu- 
tive policy and bringing the pressure of pub- 
lic opinion to bear upon the members of the 
legislature. 

Influence.— An examination of the presiden- 
tial messages and the messages of governors 
of the commonwealths shows that it is in the 
executive message that the task for the legis- 
lature is set and the bid for popular support 
is made. This newer tendency was shown in 
a message of the governor of Massachusetts 
of January, 1892, in which he said that the 
privilege of addressing the legislature, accord- 
ed the governor by long established custom, was 
not best used for a perfunctory summary of 
the statements of various departments of the 
commonwealth all of which were set forth 
fully in their reports. He defined his own 
view thus: 

I believe it better to make this the occasion for 
a broader treatment of public questions, and for 
suggestions to the legislature and through it to 
the public of any policy or reform which seems to 
the. -.governor wise and necessary, and on which 
he is ready to assume responsibility. 

This sentiment was later expressed by Gov- 
ernor Hughes of New York who declared in 
one of his messages that: 

It is the governor's prerogative to recommend, 
and to state the reasons for his recommendation, 
and in common with all representative officers it 
is his privilege to justify his position to the peo- 
ple to whom he is accountable. 

An investigation recently conducted into 
the practices of governors show T s that this con- 
ception of the purpose and function of the 
executive message is generally shared by com- 
monwealth executives throughout the United 
States. 

The President or governor is the one officer 
in our system of government who represents 
his party as a whole, and it is largely to him 
that the country or particular state looks for 
results, not only in administration, but also in 
the enactment of laws. There is little that is 
new to Congress and to the country at large 



419 



ME TOO— MEXICO 



in the President's annual review of political 
and domestic affairs. It is his formulation of 
party and executive policies that counts with 
the country. The presidential message is the 
one great public document which is widely read 
and discussed. Congressional debates usually 
receive scant notice; but the President's mes- 
sage is generally printed in full in the metro- 
politan dailies and is the subject of editorial 
comment throughout the country. More than 
any other single document it serves to crystal- 
lize public sentiment around definite measures 
of policy. It is only necessary to mention 
some of the great presidential messages to il- 
lustrate the truth of this statement: Monroe's 
message of December, 1823, declaring the policy 
of the United States toward European inter- 
vention in Latin-American affairs ; Jackson's 
messages during the controversy over the Unit- 
ed States Bank; Buchanan's message of De- 
cember, 1860; Lincoln's war messages; Cleve- 
land's messages on the tariff and the Ven- 
ezuelan affair; and Roosevelt's messages on 
many aspects of foreign and domestic policy. 
Of course, the treatment which the recommend- 
ations of the President receive at the hands 
of Congress varies according to circumstances. 
They may be accepted because Congress is con- 
vinced that they are sound in principle, or be- 
cause there is an effective demand for them 
in the country; or they may be accepted be- 
cause the President, by his party leadership 
or personal favors or use of patronage, can 
bring the necessary pressure to bear on Sena- 
tors and Representatives. The investigation 
of executive influence mentioned above shows 
that with few exceptions the legislatures of 
states are apt to follow the suggestions em- 
bodied in the governor's message if he is 'suffi- 
ciently urgent; and particularly when they 
are convinced that the governor has correctly 
gauged the popular temper with regard to any 
particular matter. 

See Executive and Congress; Governor; 
President. 

References: J. H. Finley and J. F. Sander- 
son, The Am. Executive and Executive Meth- 
ods (1908), ch. xiv; P. S. Reinsch, Readings 
on Am. State Government (1911). 

Charles A. Beard. 

ME TOO. A derisive sobriquet bestowed by 
the cartoonists in 1881 upon Thomas C. Piatt, 
Senator from New York, when he followed the 
example of his colleague, Roscoe Conkling, in 
resigning his seat in the Senate. See Civil 
Service, Federal; Senate, Courtesy of the. 

O. C. H. 

METRIC SYSTEM. July 28, 1866, Congress 
legalized the metric system for all purposes — 
the only system ever legalized by act of Con- 
gress. With the older system inherited from 
the English are associated units and tables in 
confusing variety. The new metric system, 



so simple in theory, proved so excellent in 
practice that it became the basis of the world 
system of scientific units called the centimeter- 
gram-second system. To the use of these in- 
ternational units is largely due the rapid de- 
velopment of electricity, geodesy, physics, 
chemistry, and the biological and medical sci- 
ences. Industry, being somewhat more con- 
servative, retains in many places the older sys- 
tems, mainly the English. In the United 
States, however, Congress has provided all the 
states with metric standards, has legalized the 
electrical measures based upon the metric 
units, fixed the subsidiary silver coinage in 
metric terms, and reaffirmed the legal status 
of the system in Porto Rico and the Philip- 
pines. By federal regulation the metric sys- 
tem is used in the work of the Marine Hospital 
service, and the medical work of the Army 
and Navy exclusively, and by preference most 
of the scientific work of the government is 
done in terms of the international system. 

On May 20, 1875, the United States, with 
sixteen of the principal nations of the world 
became party to the metric convention of Paris, 
establishing an international bureau of metric 
weights and measures under the direction of 
an international committee. The institution 
is jointly supported by the leading nations of 
the world, twenty-four in number. 

In the judgment of metrologists, the metric 
system is destined to become world wide for 
all purposes as it has already for scientific 
work. Its recent adoption by Denmark and 
the adoption by China of a new system based 
upon metric units and standards are evidences 
of its steady growth, while its use, especially 
in the newer lines of technology, assures its 
continued progress in the industries and trade. 
Practically every nation has legalized it and 
in most of them the metric system is obliga- 
tory. While the metric system is not expected 
to come without effort or expense, the com- 
pensating advantages have appealed to many 
industries even in advance of legislation. 

See Weights and Measures, Standards of. 
H. D. Hubbard. 

METROPOLITAN POLICE. See Police, 
Metropolitan. 

MEXICAN WAR. See Wars of the Unit- 
ed States. 

MEXICO. The United Mexican States (Es- 
tados Unidos Mexicanos) is the fourth largest 
of American Republics, following the United 
States, Brazil and Argentina. Its area is 
765,537 square miles, situated between latitude 
14° 30', and 32° 42' north, and longitude 86° 
46' and 117° 7' west (Greenwich). The popu- 
lation was 15,063,207 in 1910, not quite 20 per 
square mile. 

Conquered by Cortes, the Aztec Empire yield- 
ed to the Spanish civilization, but traces of 



420 



MEXICO 




421 



MEXICO, DIPLOMATIC EELATIONS WITH 



pre-Columbian influences are still strong in 
the people. The country was at first called 
New Spain [Nueva Espana) and then em- 
braced the area between 9° and 40° north 
latitude, and 80° and 50° west longitude, the 
present states of Yucatan and Chiapas being 
under the captain-generalcy of Guatamala. 
Cessions of territory were successively made to 
the United States; Texas, 362,487 square miles, 
Guadalupe-Hidalgo treaty, 522,568 square 
miles, and Gadsden purchase, 45,535 square 
miles leaving the present area as above given 
(see Annexations; Texas; Compromise of 
1850; Mexico, Diplomatic Kelations with). 
Independence from Spain was declared Septem- 
ber 15 and 16, 1810, and these dates are the 
national holidays, the centennial celebration 
having taken place in 1910. 

Mexico is a federal union, and the constitu- 
tion of the republic, adopted February 5, 1857, 
with various later amendments, provides for a 
republican, representative federal form of gov- 
ernment, similar to that of the United States, 
the states of the union being free to regulate 
their internal affairs. The national govern- 
ment is vested in the legislative, executive and 
judicial branches. Congress is composed of 
the senate and chamber of deputies, the former 
consisting of 56 members, two for each state 
and the federal district, elected indirectly for 
a four years' term, one-half being renewed 
every two years. Deputies are elected in like 
manner, but for a two years' term, at the rate 
of one deputy for every 60,000 inhabitants, or 
fraction exceeding 20,000. A committee of 
15 deputies and 14 senators represents 
congress during recess and is consulted by the 
president on all legislative matters. The presi- 
dent and vice-president of the republic are 
elected by electors for six year terms, the pres- 
ident being assisted by a cabinet of eight sec- 
retaries: interior; foreign affairs; finance and 
public credit; communication and public 
works; public instruction and fine arts pro- 
motion {fomento) ; justice; war and marine. 
A supreme court, circuit and district courts, 
compose the judiciary. Supreme court jus- 
tices fifteen in number, are elected indirectly 
by the people for six year terms. 

Mexico is divided politically into twenty- 
seven states, three territories and a federal 
district. Governors of the states are elected 
in the same manner as the president of the 
republic, as are also the legislatures and the 
judiciary of each state. Territories are admin- 
istered by a governor appointed by the pres- 
ident, while the federal district is administered 
by three officials appointed by the president. 
States and territories are subdivided into mu- 
nicipalities (about the same as a township), 
which elect their own administrative councils. 
A Jefe politico in Mexico is a state official 
with certain functions like those of a sheriff. 
The states and territories with their capitals 
are as foilpws; 



STATES AND TERRITORIES AND THEIR 
CAPITALS 



Political 
Subdivisions 



Capital 

Federal District Mexico City 

States 

Aguascalientes Aguascalientes 

Campeche Campeche 

Chiapas Tuxtla Gutierrez 

Chihuahua Chihuahua 

Coahuila Saltillo 

Colima Colima 

Durango Durango 

Guanajuato Guanajuato 

Guerrero Chilpancingo 

Hidalgo Pachuca 

Jalisco Guadalajara 

Mexico Toluca 

Michoacan Morelia 

Morelos Cuernavaca 

Nuevo Leon Monterrey 

Oaxaca Oaxaca 

Puebla Puebla 

Queretaro Queretaro 

San Luis Potosi San Luis Potosi 

Sinaloa Culiacan 

Sonora Hermosillo 

Tabasco San Juan Bautista 

Tamaulipas Ciudad Victoria 

Tlaxcala Tlaxcala 

Veracruz Jalapa 

Yucatan Merida 

Zacatecas Zacatecas 

Territories 

Baja California . { Ensenada (upper) 

„ . (La Paz (lower) 

Tepic Tepic 

Quintana Roo Santa Cruz de Bravo 

The army of Mexico has a force of about 
27,000, in addition to which the Rurales main- 
tained by the government, but not in the war 
department, somewhat similar to the Texas 
Rangers, amount to 2,750 men, as a national 
police. The navy is small, sixteen vessels for 
coast defense and patrol. The government has 
adopted the policy of national ownership and 
control of the railways; of the 16,000 miles 
in the country, 8,700 are under the direct 
influence of the government. The telegraph is 
a national institution as is to some extent the 
telephone service, being closely associated with 
the post office. Education, in the federal dis- 
trict and territories, is a national function, 
and in 1910 the (revived) national university 
was established. In the states education is 
managed locally and is compulsory, but the 
intention is to have the primary grades at 
least conform to the national scheme. 

See Annexations; Compromise of 1850; 
Mexico, Diplomatic Relations with; Texas. 

References: J. I. Rodriguez, Am. Constitu- 
tions (1905), I, 37-96; Pan American Union, 
Publications. Albert Hale. 



MEXICO, DIPLOMATIC RELATIONS 
WITH. The history of diplomatic relations be- 
tween the United States and Mexico down to 
1914 falls into five general periods, as follows: 

Friendly Relations (1821-1829).— The first 
period was one of friendliness. The Mexican 
revolutions between 1810 and 1821 were viewed 
with sympathy in the United States and al- 
though the Government made efforts to preserve 
422 



MEXICO, DIPLOMATIC RELATIONS WITH 




..L.POATES CO 



Longitude 



The Texas Boundary Controversy 



neutrality, the revolting colony was accorded 
belligerent rights, while the struggle was ma- 
terially aided by filibustering expeditions into 
Texas and Nuevo Santander. Recognition was 
early sought, but was not accorded till 1822. 
In 1824 Jose Manual Zozaya was accredited 
first minister from Mexico, and in 1825 Joel R. 
Poinsett was sent to that republic. Mexico 
enjoyed such protection as was afforded by 
the Monroe Doctrine; but her plans to unite 



with Colombia to liberate Cuba in 1825 were 
opposed by the United States. In 1822 Mex- 
ico opened Texas to American immigration, 
and in 1828 and 1832 entered into treaties of 
boundaries and commerce, but the boundary 
treatv was never executed. 

The Texas Question and War (1830-1848).— 
By 1830 had begun friction which finally re- 
sulted in war. The chief points at issue were 
the Texas question and claims. Inheriting 



423 



MEXICO, DIPLOMATIC RELATIONS WITH 



Spain's long-standing fear of Anglo-American 
expansion, Mexico attempted, in 1829, to close 
Texas to American immigration. The efforts 
of the United States to purchase Texas (1825, 
1829, 1835) and internal trouble with the 
Texas colonists bred suspicion, and diplomatic 
relations, which had been strained in 1829, 
were for a time severed by Mexico in 1836. 
Mexican hostility was accentuated by the rec- 
ognition of Texan independence (March 1837), 
by the prospect that Texas would be annexed 
to the United States, and by various minor 
grievances. On the other hand, inability to 
secure a settlement of claims of Americans 
against Mexico (some of which were of very 
questionable character) led the United States 
to sever relations in 1836 and to the verge 
of reprisals by force in 1837. Claims allowed 
by a commission under the conventions of 
1839 and 1843 were only partially paid. Fi- 
nally, as a result of the joint resolution of 
March 1, 1845, providing for the annexation 
of Texas, Mexico again severed relations 
(March 6 and 28). John Slidell was sent by 
President Polk in 1845 to attempt to reestab- 
lish relations, and, if possible, to secure Cali- 
fornia, which was the central aim of Polk's 
Mexican policy. But Slidell was not received; 
meanwhile the United States army had ap- 
proached the western border of Texas and war 
was declared in April, 1846. 

During the war Polk cooperated in the res- 
toration of Santa Anna to power in the hope 
of facilitating negotiations; but the offer was 
rejected, whereupon N. P. Trist was sent to 
Mexico with instructions essentially like Sli- 
dell's. After having been recalled for bung- 
ling, he negotiated the treaty of Guadalupe 
Hidalgo, ratified February 2, 1848, by whose 
terms Mexico ceded Upper California and New 
Mexico and accepted the Rio Grande as the 
Texas boundary, in return for $15,000,000 
and the assumption by the United States of 
all outstanding claims. This treaty was one 
of the longest steps of the United States 
toward territorial expansion; only the con- 
nection of expansion with the slavery ques- 
tion prevented the absorbtion of a much 
larger portion of Mexico. 

Unstable Relations (1848-1877).— The war 
was followed by three decades of unstable re- 
lations, extending down to the restoration of 
order in Mexico by Diaz. By the Gadsden 
treaty (Dec. 30, 1853) Mexico ceded a strip 
of territory south of the Gila River and a 
right of way across Tehuantepec; but border 
turbulence continued, and Mexico suffered from 
filibustering expeditions. Meanwhile, the 
United States in vain urged payment of new 
claims, and in 1858 the United States minister 
severed diplomatic relations, while Buchanan 
unavailingly recommended a settlement of 
grievances by force. Under Lincoln cordial 
relations were maintained with the Juarez 
government. 



The French intervention in Mexico (1863- 
1867) threatened republican institutions in 
America, and the part played by the United 
States in terminating it may be regarded as 
a diplomatic triumph. In 1862 France, Eng- 
land and Spain occupied Vera Cruz by force, 
as a means of satisfying certain claims. Dis- 
covering the ulterior motives of France, Eng- 
land and Spain withdrew, whereupon France 
invaded the interior of Mexico and established 
Maxmilian, Archduke of Austria, as emper- 
or. The United States protested, but so long 
as the Civil War lasted was powerless to in- 
terfere. On the return of peace, however, the 
withdrawal of the French troops was demand- 
ed and effected. Maxmilian, left to himself, 
was executed, and republican forms of govern- 
ment were restored. 

In this period extradition and naturaliza- 
tion treaties were entered into (1861, 1868) 
and, as a result of the convention of 1868, mu- 
tual claims were satisfactorily adjusted. For 
another decade, however, harmony was greatly 
disturbed by border lawlessness, in consequence 
of which relations were again suspended in 
1877. 

Growth of Commerce and of Friendly Re- 
lations (1878-1911).— The next three decades 
were marked by a steady growth of centralized 
power in Mexico, greatly aided by the construc- 
tion of railroads by American capital, and of 
a corresponding cordiality between the two 
governments. After 1880 border conditions 
rapidly improved; in 1882, a reciprocity treaty 
was signed; and the troublesome questions 
of the "free zone" and extradition were 
treated with the utmost good will. Within 
the period three important matters were 
adjusted: (1) the remarking of the south- 
western boundary, 1891-1896; (2) the Cali- 
fornia Pious Fund controversy (see), arbi- 
trated by the Hague Court in 1902; (3) most 
of the difficulties over the shifting of the Colo- 
rado and Rio Grande rivers. The good under- 
standing between the two governments was 
manifested especially by their cooperation to 
maintain order in Central America (1907). 

Revolution in Mexico and Strained Rela- 
tions (1911-1914). — During the Maderista rev- 
olution, the United States was greatly embar- 
rassed by the difficulties of maintaining neu- 
trality, of preventing the violation of Ameri- 
can territory, and of securing protection for 
Americans in Mexico. Meanwhile, pressure 
was brought to bear upon President Taft to in- 
tervene, but he refused. In February, 1913, a 
coup d'etat resulted in the violent death of 
President Madero, and in making Victoriano 
Huerta provisional president. Though other 
nations recognized Huerta, President Wilson 
refused to do so, on the ground that his gov- 
ernment had been established by force. Dur- 
ing the months of civil war and anarchy which 
followed relations with the de facto Huerta 
Government became more and more strained, 



424 



MICHIGAN 



and finally, to force reparation for a long series 
of insults, United States forces seized the city 
and port of Vera Cruz on April 21, 1914. The 
tender of the good offices of the representatives 
in the United States of Argentina, Brazil and 
Chile was accepted by the United States and 
General Huerta, and conferences looking to the 
settlement of Mexico's internal troubles and 
external difficulties were begun at Niagara 
Falls, Canada, in May. 

See Boundaries of the United States, 
Exterior; California and New Mexico, An- 
nexation of; Central America; Mexico; 
Wars of the United States. 

References: G. P. Garrison, Westward Ex- 
tension (1906), chs. vi-viii, xiii-xv, xviii; J. 



H. Latane, Diplomatic Relations of the U. 8.; 
H. Smith, Annexation of Texas (1911) ; J. 
B. Moore, International Arbitrations (1898) ; 
Informe de la Comision Pesquisadora (1874) ; 
J. S. Reeves, Am. Diplomacy under Tyler and 
Polk (1907); J. K. Polk, Diary (1910); 
Boundary Commission upon the Survey and 
Remarking of the Boundary between the Unit- 
ed States and Mexico, "Report" in Sen Docs., 
55 Cong., 2 Sess., No. 247 ( 1898 ) ; J. D. Rich- 
ardson, Messages and Papers of the Presidents 
(1896-99) ; Matthias Romero, Mexico and the 
U. 8. (1898), 316; U. 8. Treaties and Conven- 
tions (1899); see also diplomatic correspond- 
ence published in various forms in the U. S. 
federal documents. Herbert E. Bolton. 



MICHIGAN 



French Period (1634-1760).— Jean Nicolet, 
sent by Champlain to hold a fur-market among 
the Indians about Green Bay in 1634, was the 
first white man known to have come within the 
borders of the present state of Michigan. In 
1641, Raymbault and Jogues held a mission at 
Sault Ste. Marie. When the Iroquois de- 
stroyed the Huron villages in the territory 
between the St. Lawrence and Lake Huron, 
the French missions of Ste. Marie, St. Ignace 
and St. Joseph were reestablished in Michigan, 
on the sites now occupied by the cities so 
named. In 1658, the traders Radisson and 
Grosseilliers explored Lake Superior, and in 
1671, at Sault Ste. Marie, Daunmont de Saint- 
Lusson took formal possession of the North- 
west for Louis XIV. From St. Ignace, in 
1673, Marquette and Joliet set out on their 
successful search for the Mississippi. In 1679, 
La Salle sailed up the Detroit river in the 
"Griffon," the pioneer vessel in lake commerce. 
In 1701, colonization began with the founding 
of Fort Pontchartrain (Detroit) by Cadillac, 
under a grant from Louis XIV. From the 
Company of the Colony which sought to control 
the fur trade throughout the Northwest, Cadil- 
lac extorted rights of traffic, and Detroit be- 
came the most important post in the upper 
country. 

British Period (1760-1796).— From the occu- 
pation by the British in 1760 until the pass- 
age of the Quebec Act in 1774, Michigan was 
under military rule. The interval was filled 
by the Pontiac war of 1763-4, which devastat- 
ed the country. The Quebec act extended the 
boundaries of Quebec to the Mississippi and 
the Ohio. The criminal laws of England pre- 
vailed; civil causes were determined by the 
Custom of Paris ; and the stipends of the clergy 
were continued. Henry Hamilton, appointed 
lieutenant-governor and superintendent of In- 
dian affairs by George III, established the 
seat of government at Detroit, which then had 



a population of 1500 white persons, of whom 
267 were women or girls. In 1778, when 
George Rogers Clark, commissioned by Vir- 
ginia, took possession of the towns on the Mis- 
sissippi north of the Ohio, Hamilton, with a 
force from Detroit, occupied Vincennes, where 
he was captured by Clark. The peace treaty 
of 1783 included Michigan within the terri- 
tory of the United States; but the British re- 
tained the northwestern posts until after the 
ratification of Jay's treaty in 1796, on account 
of the value of the fur trade. The region was 
included in the Northwest Territory and was 
covered by the Ordinance of 1787 (see) ; but 
did not come under the control of the United 
States till the surrender of the posts. 

Territorial Period (1796-1835).— In 1805, 
Michigan Territory was set off, and was pro- 
vided with a government consisting of a gov- 
ernor, a secretary and three judges, all ap- 
pointed by the President of the United States, 
The legislative power was vested in the judges, 
who might adopt laws in force in the states, 
the governor having the veto power. This gov- 
ernment proved to be weak, inefficient and even 
fantastic. The War of 1812 found the terri- 
tory without a proper defense on the lakes, and 
Governor Hull was compelled to surrender De- 
troit to the British. In 1813, Commodore 
Perry's victory on Lake Erie and General Wil- 
liam Henry Harrison's defeat of the British 
at the battle of the Thames restored Michigan 
to the Union. Under Governor Lewis Cass, 
the territory rapidly advanced through the 
various stages of territorial government, and 
in 1835 the population was sufficient for state- 
hood. The opening of the Erie canal in 1825 
brought many settlers to Michigan. 

Statehood. — The convention to form a consti- 
tution was held in May, 1835; and in Octo- 
ber, the constitution was adopted. The state 
government, elected at the same time, took 
office November 3. Michigan was not admitted 



425 



MICHIGAN 



to the Union, however, until January 26, 1837. 
The delay was occasioned by a dispute over 
the southern boundary, which was fixed in 
the Ordinance of 1787 by a line to be drawn 
due east from the southern bend of Lake Mich- 
igan. Congress, however, had included in the 
state of Ohio a strip of land north of this 
boundary; and when Michigan sent an armed 
force to take possession of the territory 
claimed, the bloodless "Toledo War" ensued. 
Congress gave to the state the upper peninsula 
in exchange, and after the first convention of 
assent had rejected the boundary proposed, 
an informal (frost-bitten") convention ac- 
cepted the terms. 



new features were those making all judges 
elective; substitution of general incorporation 
acts in place of special charters; provision for 
a sinking fund to pay the state debt; for- 
bidding the issue of state script; prohibiting 
the loan of the state's credit to individuals 
or corporations; and putting a ban on internal 
improvements at state expense. The last 
named provision came to be used effectively in 
restraining towns from voting aid to railroads. 
The low salaries for state officers, as fixed in 
the constitution, were a prolific source of 
amendments. 

Constitution of 1908. — In 1868 and again in 
1874, revisions of the constitution were sub- 




fULTON 

L L * i T.-N D. !So H I O 



Boundaries of the State of Michigan, Showing Teeeitoeial Changes 



Constitution of 1835.— The first state con- 
stitution was adapted to meet the wants of a 
growing state. The governor, with the consent 
of the senate, appointed the secretary of state, 
auditor general and attorney general; justices 
of the supreme court were appointed for a 
term of seven years; county and town officers, 
including judges, were elective; slavery was 
forbidden; education was to be encouraged, 
and a university and schools maintained; in- 
ternal improvements of all kinds were to be 
encouraged by the state. In 1847, the capital 
was changed from Detroit to Lansing. 

Constitution of 1850. — The experience of the 
state in borrowing money to carry out public 
improvements was unfortunate, and the lines 
of railroad projected and partially built were 
sold to corporations. The distrust of public 
officials engendered was such as to lead to the 
formation of a new constitution which embod- 
ied a large mass of prohibitions and restric- 
tions that often proved vexatious. Among the 



mitted to the people, only to be rejected. In 
1908, a convention of 96 delegates submitted 
a revision which was approved by a large ma- 
jority. This constitution embodied the de- 
mands of the people for home rule for cities, 
and for the ownership and operation of public 
utilities. While provision was made to meet 
these requirements, the new constitution con- 
tains safeguards against hasty legislation. 

Government. — The constitution recognizes 
the Supreme Being; it contains a declaration 
of rights; the legislature meets biennially; 
the senate consists of 32 members and the 
house of not fewer than 64 nor more than 100 
members, all chosen for two years; the com- 
pensation of members is $800 for each regular 
session; no bill can become a law without the 
concurrence of a majority of all members elect- 
ed to each house; the governor may disapprove 
of any item in an appropriation bill ; the legis- 
lature may refer to the electors an enacted 
bill, and when so referred, a majority of the 



426 



MIDDLE OF THE ROAD POPULISTS— MIDDLE STATES 



electors voting is required before the bill be- 
comes a law. The governor, lieutenant-govern- 
or, secretary of state, treasurer, land commis- 
sioner, auditor general and attorney general 
are elected for two years; vacancies in state 
offices are filled by the governor, with the 
consent of the senate, if in session; the salary 
of the governor and attorney general is $5000 
per annum, and of the other officers named 
$2500. The judicial power is vested in a su- 
preme court, circuit and probate courts, jus- 
tices of the peace, and inferior courts created 
by the legislature. The supreme court is em- 
powered to supervise all inferior courts, and 
modify their practice. Counties are bodies 
corporate; their officers are a sheriff, treasur- 
er, register of deeds and prosecuting attorney, 
elected biennially. A sheriff may not hold 
office for more than two years in any period 
of six years. The board of supervisors consists 
of one from each township; but cities have 
such representation as the law provides. This 
board levies taxes and performs duties of a 
legislative and administrative character pre- 
scribed by law. County indebtedness is limited 
to three per cent of assessed valuation. Each 
organized township is a body corporate; its 
officers are a supervisor, clerk, commissioner 
of highways, treasurer, not more than four 
constables, and overseers of highways, all elect- 
ed for one year. No township may grant a 
franchise not revocable at will, unless such 
franchise shall have been approved by the vo- 
ters. Cities may not grant an unrevocable 
franchise unless such franchise shall have been 
approved by three-fifths of the voters. Cities 
may adopt their own charters, in conformity 
with general laws; such charters must provide 
a tax limit and a debt limit. Public utilities 
within or without the city may be owned and 
operated by the municipality. 

Education. — Recognizing in its constitution 
the "sublime imperative" of the Ordinance of 
1787, the state provides a system of education 
beginning with the primary schools (which 
receive the proceeds of the specific taxes on 
railroads and like corporations) and continu- 
ing through the university {see State Uni- 
versities) with its technical and professional 
schools. An Agricultural College, Normal Col- 
leges and a School of Mines, together with in- 
stitutions for defective and delinquent classes, 
are maintained. 

Political Conditions. — Since the organization 
of the Republican party at Jackson in 1854, 
the state has chosen an entire Republican elec- 
toral ticket at each presidential election ex- 
cept that of 1892, when five of its fourteen elec- 
tors (then chosen by congressional districts) 
voted for the Democratic nominees, and 1912, 
when the candidate of the Progressive party 
carried the state. Democratic governors were 
elected in 1882, 1900, and 1912, the remainder 
of the state ticket being Republican. All 
United States Senators and the majority of 



members of Congress have belonged to the lat- 
ter party. The protective tariff and the im- 
provement of waterways have been factors in 
determining the vote. 

Population. — In population, Michigan is the 
eighth state in the Union. In 1840 the popu- 
lation was 212,000; in 1900, 2,420,000, and in 
1910, 2,810,172. 

See Constitutions, State, Characteristics 
of; State Governments. 

References: R. G. Thwaite, Jesuit Relations 
(1896-1902); B. A. Hinsdale, Old Northwest 
(1888) ; Francis Parkman, Conspiracy of Pon- 
tiae (ed. of 1898); J. V. Campbell, Political 
Hist, of Michigan (1876) ; T. M. Cooley Michi- 
gan (rev. ed., 1905) ; A. C. McLaughlin, 
Lewis Cass (rev. ed., 1899) ; C. Moore, NortJv- 
west under Three Flags (1900) ; C. E. Carter, 
Great Britain in the Illinois Country (1910) ; 
H. W. Utley and B. M. Cutcheon, Michigan as 
Province, Territory and State (1906) ; Michi- 
gan Manual, 1911; Michigan Pioneer and 
Historical Society, Collections (1877-1912); 
J. A. Fairlie, "Amendment and Revision of 
State Constitutions in Michigan, etc." in Am. 
Pol. Sci., Assoc, Proceedings, V (1908), 175- 
184. Charles Moore. 



MIDDLE OF THE ROAD POPULISTS. 

Populist Party. 



See 



70 



427 



MIDDLE STATES. Origin.— The group of 
four middle states, New York, New Jersey, 
Pennsylvania and Delaware, is made up of 
communities different in their origin and his- 
tory, and they have no close organic connec- 
tion, state with state. Maryland, long counted 
in this division because it was a commercial 
colony and state, was also slave holding and 
therefore is commonly associated with the 
South. New York was a conquest from the 
Dutch and to this day has a noticeable in- 
fusion of Knickerbocker blood and spirit; but 
western New York was not incorporated into 
the state until after the Revolution, and is 
to a large degree a New England community. 
Pennsylvania, founded by Quakers, and New 
Jersey, with similar origin in part, as colonies 
received more foreigners than any other col- 
ony, and have a different race make-up from 
the neighbors north or south. Delaware is an 
adjunct of Pennsylvania. 

Topography. — Physically the middle states 
are a part of the coastal plain, including the 
lower valleys of the Hudson, Delaware and 
Susquehanna, to which is added Pennsylvania 
beyond the mountains and the plateau of cen- 
tral and western New York. New York and 
Pennsylvania are threaded by the most im- 
portant highways and waterways in the Unit- 
ed States, connecting as they do the coast with 
the Great Lakes and the Ohio River. 

Practically the Mohawk and Hudson River 
valleys are the commercial outlet of the St. 
Lawrence and lake system. This relation, 



MIDDLE STATES 



combined with the superb harbor of New York 
City (see), has made it the metropolis of 
America and the second city of the world. 
The double advantage of the easiest connection 
with the interior and the best harbor for 
foreign trade, has given rise to controversies 
with other great ports outside the middle 
states, particularly Boston, Baltimore, and 
Newport News, which have sought and ob- 
tained differentials (see) by which they are 
allowed to make a lower freight, in order to 
attract a part of the western shipments. 

Industries. — In no section of the Union is 
there such a diversity of occupation. Great 
parts of New York and Pennsylvania are 
made up of rich farming land, and the county 
of Lancaster, Pennsylvania, usually produces 
a larger value of agricultural crops than any 
other county in the Union. Western New 
York and Pennsylvania were, for a long time, 
lumbering regions, though the good timber 
is now about gone. Mineral products abound: 
salt wells in New York; oil wells (now much 
reduced) in western Pennsylvania and New 
York; coal and iron in great abundance, both 
in eastern and western Pennsylvania, aided by 
cheap lake transportation from Lake Superior, 
which brings iron ore to meet coal between 
Erie and Pittsburg. Central and western New 
York are prosperous farming regions. 

Besides heavy manufactures of iron, includ- 
ing armor plates, steel rails, bridges and 
structural material, eastern Pennsylvania and 
eastern New York have large manufactures 
of textiles, and New Jersey of pottery. Phila- 
delphia and New York are the two most im- 
portant manufacturing cities in the country. 
Pennsylvania has one of the few American 
plants for building steel ships; and the trans- 
portation and shipping of Philadelphia and 
New York employ great numbers of men. 

Population. — The middle states in 1900 had 
a population of 15,639,413; in 1910 of 19,- 
517,879, an increase of, 25 per cent. It can 
hardly be said that there is a middle state 
people. No part of the Union has received 
so many foreigners, inasmuch as three-fourths 
of all the immigrants to the United States 
land in New York City. Much more than 
in New England, large enterprises are in the 
hands of non-English elements, as for instance 
the import business of New York City, and to 
a considerable degree the iron industry. Phil- 
adelphia still has a predominant element of 
descendants of the colonists. In New York 
probably not one-third of the grown men can 
trace their descent from an Englishman. The 
total number of foreigners and children of for- 
eigners was (in 1900) 4,316,000; in New York 
City in 1910 it was 2,642,000, and of the 
total population of 19| millions in the four 
middle states, the foreigners were at least seven 
millions. In addition, Pennsylvania contains 
several hundred thousand Pennsylvania Ger- 
mans (locally called Pennsylvania Dutch) 



descendants of eighteenth century settlers, 
and still in many cases speaking German. 

Government. — In government the chief con- 
tribution of the middle states has been to give 
the rest of the country an example of highly 
organized and often corrupt politics. Pennsyl- 
vania was the first state to develop the nomi- 
nating convention, which appeared soon after 
1790. New York was the first state in which 
recognized state bosses appeared. Aaron Burr 
made an attempt at it and the Clintons prac- 
tically succeeded. The state has at various 
times been ruled by such potentates as Martin 
Van Buren, Silas Wright, Thurlow Weed, 
Thomas B. Piatt, David B. Hill, and William 
Barnes. In Pennsylvania, the first generally 
recognized boss was Simon Cameron, whose 
mantle descended on Matthew Quay, and from 
him to Boise Penrose. 

The methods of all these leaders were the 
same, namely, to secure political control of the 
state by putting a multitude of people under 
obligations of various kinds, often quite in- 
nocent (see Machine, Political) ; then from 
this cohort of attached friends to designate 
members of the legislature, and of Congress, 
state officers, and the small body of highly 
skilled workers commonly called the organiza- 
tion (see). Through these people most of the 
political heads themselves got high office and 
maintained themselves by distributing offices 
and advantages of all kinds. 

This system worked particularly well in 
states like New York and Pennsylvania con- 
taining very large cities, and usually Phila- 
delphia has had a local boss who worked with 
the Republican rulers of the state; and New 
York City has had a succession of local bosses, 
as Fernando Wood, William M. Tweed, John 
Kelly, Richard Croker and Charles F. Murphy, 
who have controlled the Democratic machine. 
In 1911 the bosses of Philadelphia were over- 
thrown, though in the elections of 1913 they 
regained their power; and in 1912 Senator 
Penrose lost control of the Republican organi- 
zation of Pennsylvania. 

The great cities of the middle states have 
furnished object lessons rather for instruction 
than for imitation in their local government; 
but on the whole they are working into better 
conditions. The charters and administration 
of New York City, Jersey City, Philadelphia, 
and Pittsburg, have been much improved, and 
compare well with those of the large western 
cities. 

Intellectual. — On the intellectual side of life 
the middle states have been dominated by New 
York City, which draws to itself the rising 
lights in art, and literature, and most of the 
ablest professional men. Each of the three 
great middle states has a fair public school 
system, with very numerous high schools. 
There are many endowed colleges of which the 
largest, oldest, and strongest, are Columbia, 
University of Pennsylvania and Princeton. 



428 



MIDDLE WEST 



There are also public agricultural, and techni- 
cal colleges, of which Cornell and Lehigh are 
the most renowned. 

See American Government and Geogra- 
phy; Boundaries of the United States, In- 
terior; Colonization by Great Britain in 
America; Indian Policy of the U. S.; Mid- 
dle West; New England; Physics and Pol- 
itics; Physiography of North America. 

References: N. S. Shaler, United States 
(1894), I, 61-69; A. P. Brigham, Geographic 
Influences in Am. Hist. (1903) ; E. C. Semple, 
Am. Hist, and its Geographical Conditions 
(1903) ; bibliography in Channing, Hart and 
Turner, Guide to Am. Hist. (1912), § 96, 165, 
200-203; references to state histories in ibid, 
§ 37. , Albert Btjshnell Hart. 

MIDDLE WEST. "Middle West" has been 
applied of late years to those states between 
the Appalachians and the Mississippi, north 
of the Ohio; that is Ohio, Indiana, Illinois, 
Michigan, and Wisconsin. This region has 
an area of 294,000 square miles; and the 
total population in 1910 was 18,250,261. 

Topography and Products.— The Middle 
West is substantially the eastern upper valley 
of the Mississippi river, and is everywhere 
comparatively level, though southern Ohio and 
Indiana are cut into a hilly country by streams 
descending to the Ohio, and central Wisconsin 
is undulating. Nearly the whole area is ca- 
pable of cultivation and west of Indiana most 
of it is prairie. The Middle West is in one 
of the broadest, best watered, and most fertile 
regions in the world. It includes a glaciated 
area bounded by a line running through south- 
ern Ohio, southern Indiana, and southern 
Illinois, which constitutes one of the famous 
wheat areas of the world. South of it lies 
the corn belt occupying central Illinois, in 
which farm lands employed for this staple crop 
command as much as $250 an acre. Almost 
all parts of the Middle West abound in small 
fruits which in many localities make a profit- 
able industry. In every state, dairying is ac- 
tive; and great attention is now given to this 
branch of farming. 

This is also a region of mining and manufac- 
tures. Coal is abundant in the states south 
of Michigan. Lead is mined in southwest Wis- 
consin and northwest Illinois. Oil and gas 
wells are numerous in the eastern and southern 
parts of the area. The abundant and cheap 
fuel has stimulated the iron industry, which 
has two flourishing centers, one around 
Youngstown and Cleveland, Ohio, and one 
south of Chicago. The eastern and northern 
part was, until a few years ago, heavily wood- 
ed, and the seat of a heavy lumbering industry. 

Transportation. — No part of the world has 
better natural and artificial transportation. 
The great lakes enclose the Middle West on 
the northeast. The Ohio river is its southern 
boundary, and the Mississippi and its tribu- 



taries serve the west. Hence it was easy to 
open up the country by primitive water trans- 
portation and later by steamboats. It is also 
easy to build railroads, and the section has an 
almost unrivaled network radiating from the 
principal cities, Cleveland, Columbus, Cincin- 
nati, Indianapolis, Chicago, St. Louis, Milwau- 
kee, St. Paul, Minneapolis, and Superior and 
Duluth. In addition several states, particu- 
larly Ohio and Indiana have built up inter- 
urban trolley systems {see) which are sub- 
stantially light railroads carrying express and 
freight as well as passengers. 

Population. — The Middle West is the part 
of the United States in which is found the 
greatest variety of race elements. Originally 
it was settled by two currents of population 
of English strain — one from New England and 
New York and the other from Maryland, Vir- 
ginia and North Carolina. A division line be- 
tween those two elements can still be traced. 
There is also a French strain derived from 
eighteenth century settlers in Wisconsin and 
farther south and southeast. A considerable 
number of the Indians live on reservations 
within these states, particularly those farther 
west. In every state there is a negro element 
which along the Ohio river is a notable part 
of the total population. 

The greater number of non-English people 
have come in as emigrants since 1830. There 
were living in the middle west in 1910, 791,000 
Germans r 320,000 Scandinavians; 180,000 
Irish; 307,000 Slavs of various races; and 
1,469,000 of other foreign origin — a total of 
3,067,000 which is about 17 per cent of the 
whole population. The children of foreign pa- 
rents were 5,108,000; so that in round numbers 
nearly one half of the people of the Middle 
West are of recent continental origin. 

Intellectual. — Notwithstanding the compo- 
site character of the population, it is very 
intelligent and deeply interested in education. 
Every one of the Middle Western states, from 
its entrance into the Union, has had a system 
of public common schools. Academies and 
colleges were founded immediately, and all 
these states now have a system of public educa- 
tion from the kindergarten to the graduate and 
professional schools of large state universities, 
all supported by public taxation, managed by 
public officials, and knit together as an organ- 
ization. 

Alongside this public education is a large 
body of private schools, mostly church schools, 
some Catholic and some Protestant; and an- 
other body of endowed colleges originally de- 
nominational as some of them still are, but 
in many cases now quite nonsectarian. The 
11 public institutions of higher learning num- 
ber 21,000 students; and 102 private institu- 
tions have 26,000 students. Nearly one-half 
of the students are women, for coeducation be- 
gan in the Middle West, and has extended to 
nearly all public and private colleges, and to 



429 



MIDNIGHT JUDGES— MILAN DECREE 



the public secondary schools. In most western 
cities there is a body of literary and artistic 
people. 

Political. — The Middle West has made ex- 
periments in government. The Northwest Ter- 
ritory {see) had the first constitution put in 
force in that region; and every part of the 
Middle West has at some time been a territory 
of the United States. The western states as 
they came into the Union put in practice new 
democratic ideas. The extension of the elec- 
toral franchise, till it became practically man- 
hood suffrage was worked out in the West. 
The principle of equal electoral districts was 
first carried out in the West. The composite 
system of county government, which uses both 
the town and the county as governmental 
units is a western adaptation of Pennsylvania 
and New York methods. The Middle West was 
for a long time the chief section in which un- 
naturalized aliens were allowed to vote. The 
West began and has carried through the elec- 
tion of judges. In recent years from the West 
has come a series of new political methods, 
such as the state-wide primary, and popular 
designation of United States Senators. 

Through its large population and its central 
position, the Middle West has come to take a 
dominant position in national politics. As 
early as 1829 Jackson, who was substantially 
a western man, became President; and since 
1861, with the exception of one President from 
Tennessee, Johnson, three Presidents from New 
York, Arthur, Cleveland, and Roosevelt and 
Wilson, born in Virginia, every President of 
the United States has come from that section. 
The Progressive (see) movement, which be- 
came portentous in 1910 and convulsed the 
Republican party in 1912 had its origin there. 

The region has from the first been interested 
in politics. Most of the first group of states 
were organized just as the old political parties 
were dying out, but it was sharply divided be- 
tween Whigs and Democrats. Thomas Ewing 
of Ohio, was one of the leading Whigs of the 
country; William Henry Harrison strongly 
identified with Ohio (though born in Virginia) 
was a Whig (see) President. Cass of Mich- 
igan and Douglas of Illinois, were wheel horses 
of the ante-bellum Democratic party (see). It 
was not an accident that the name Republican 
party was first adopted in Michigan; and that 
Chase of Ohio, Morton of Indiana, Washburne 
of Illinois, and Wade of Ohio were founders 
of the party; nor that Abraham Lincoln of 
Illinois was the first Republican President. 

The Middle West has recently become espe- 
cially interested in efficient government. Into 
the western cities have entered many abuses, 
and the rural and state governments have often 
been corrupt. Strong influences are now at- 
tempting to cure these evils; extraordinary 
public interest has been aroused in the gov- 
ernments of Chicago and other large cities. 
Commission government for cities began in the 



South, but was quickly taken up in the Middle 
West, and has run through scores of communi- 
ties. 

See American Government and Geog- 
raphy; Boundaries of the United States, 
Interior; Conservation; Far West; Fron- 
tier in American Development; Middle 
States; Physiography of North America; 
Public Lands and Public Land Policy; Ter- 
ritories of the United States, Organized; 
West as a Factor in American Politics; 
and states by name. 

References: N. S. Shaler, The United States 
(1894), chs. iii, v; J. D. Whitney, The United 
States (1889); list of histories of the states 
in Channing, Hart and Turner, Guide to 
Am. Hist. (1912), § 37; bibliography in ibid, 
§§ 168, 193, 201; A. B. Hart, Manual (1908), 
§ 32 (lect. 9), § 38 (lect. 34). 

Albert Bushnell Hart. 

MIDNIGHT JUDGES. A disparaging nick- 
name bestowed by the Jeffersonian Republicans, 
in 1801, upon the judges whose commissions 
were signed by the retiring President, John 
Adams, just before midnight, March 3. It was 
again applied by the Whigs to the judges 
appointed by Martin Van Buren at the close of 
his administration, March, 1841. 0. C. H. 

MIDWAY ISLANDS. Midway or Brooks Is- 
lands, discovered by Captain Brooks in 1859 
and annexed by the United States in 1867, are 
situated about 1100 miles north-west of Hono- 
lulu. They are a group of four small, low 
islands, the largest but one and three-quarters 
miles long by three-quarters of a mile wide, 
which are protected from storms by an en- 
circling coral reef, through which there is a 
dangerous ship channel. They have a constant 
supply of good drinking water, but scant vege- 
tation; for the most part the surface is cov- 
ered by drifting coral sand. Since 1903 they 
have been used as one of the intermediate re- 
peating stations of the American-Pacific cable 
which stretches from San Francisco to Manila. 
The sole occupants of the group, which is under 
the administrative control of the Navy De- 
partment, are the employees of the cable com- 
pany and a few marines. References: Martin 
Crook, "Our Cable Station in Mid-Pacific" in 
National Magazine, XXI (1905), 385-396; 
J. B. Monroe, Digest of Int. Law, I (1906), 
555. G. H. B. 

MILAN DECREE. On May 16, 1806, the 
British Government, by Orders in Council (see) 
declared the European coast from the Elbe to 
Brest under blockade. Napoleon then issued 
the Berlin Decree (see) by which, on November 
21, 1806, he proclaimed Great Britain under 
blockade and continental ports closed to British 
trade. Great Britain issued further Orders 
in Council January 7, and November 11, 1807, 
which were followed by Napoleon's Milan De- 



430 



MILEAGE OF LEGISLATOKS— MILITAEISM 



cree of December 17, 1807, "denationalizing" 
ships that had submitted to British authority, 
and proclaiming the British islands blockaded. 
President Jefferson, in transmitting this decree 
to Congress said: 

New decrees and orders taken together, want 
little of amounting to a declaration that every 
neutral vessel found on the high seas, whatsoever 
be her cargo, and whatsoever foreign port be 
that of her departure, or destination, shall be 
deemed lawful prize. 

See Berlin Decree; Continental System; 
France, Diplomatic Relations with; Neu- 
tral Trade During Napoleonic Wars. 

References: E. Channing, Jeffersonian Sys- 
tem (1906), 199; H. Adams, Hist, of the U. 8. 
(1890), IV, 126; J. D. Richardson, Messages 
and Papers of the Presidents (1896), I, 421 
et seq. G. G. W. 

MILEAGE OF LEGISLATORS. In fixing the 
pay of legislators a universal practice in the 
United States is to provide that in addition 
to their regular salaries they shall receive 
compensation in the form of "mileage," the 
amount being fixed at a certain sum for each 
mile travelled by the nearest route usually 



travelled in going to and returning from each 
regular session. The amount is in some states 
fixed by the constitution; in others it is left 
to the discretion of the legislature itself. The 
mileage of members of Congress is fixed by 
statute, the amount now (1912) being twenty 
cents per mile going to and returning from 
each regular session. Congress has refused to 
appropriate for mileage where sessions of the 
same Congress have merged. In 1893, the 
comptroller ruled that the act of 1886, provid- 
ing for the allowance of mileage to members 
of Congress, applied only to regular sessions 
and not to extra sessions. In 1909 the Sixty- 
first Congress met in special session in March, 
some days after the end of the Sixtieth Con- 
gress, March 4. In the deficiency act, passed 
in the last session of the Sixtieth Congress, 
appropriations were specifically made for the 
"first session" of the Sixty-first Congress 

( Statutes at Large, XXXV, 932 ) . At the same 
session appropriations were made in the usual 
form for mileage, under the comptroller's deci- 
sion, for the regular session of the Sixty-first 
Congress (Statutes at Large, XXXV, 845- 
850). Reference: A. C. Hinds, House Manual 

(1909), §86. J. W. G. 



MILITARISM 



Europe. — Militarism is based upon the doc- 
trine that the cultivation of the arts of war 
and the warlike spirit makes a nation great, 
and that national power and prestige are best 
maintained by large armies and navies. It 
therefore promotes military sentiment among 
the people and in general urges martial effi- 
ciency as the paramount interest of the state. 
As early as 1864 the word was referred to 
as that "disease of modern times known under 
the sinister name of militarism" and has usu- 
ally been employed in its derogatory sense 
ever since. At the present moment in practi- 
cally all civilized nations, we have the seeming 
paradox of an unwonted growth of militarism 
together with an equally vigorous growth of 
pacifism, of preparation for war and prepara- 
tion for peace, of great armies and large 
navies, and of Hague Conferences and Courts. 

The great standing armies of today, still 
less the navies, were hardly dreamed of until 
the nineteenth century. The renaissance of 
learning, the new inventions in science, the 
growing wealth of nations and the consolida- 
tion of states, etc., have all conspired to render 
it possible for nations to put into commission 
armies and navies hitherto unprecedented in 
numbers, training and equipment. Since 1875, 
military expenditures have increased out of 
all proportion to population. Jean De Bloch, 
whose volume The Future of War is said to 
have suggested the calling of the first Hague 



Conference, has made the following table of the 
percentage of increase of military expenses for 
the great Powers of Europe between 1874 and 
1896. 



Country Per cent 

Germany 79 

Russia 75 

England 47 



Country Per cent 

France 43 

Italy 27 

Austria 21 

United States. — In the United States, the 
growth of militarism is as significant as in 
Europe, despite geographical isolation, 
freedom from "entangling alliances" and old 
world hatreds. From 1879 to 1909, 71.5 per 
cent of the income of the United States has 
been spent for wars past, present and future. 
The total annual appropriations for the Unit- 
ed States Army and Navy are for the ten years 
1900-10 as follows: 



Year 


Navy 


Army * 


1900 


$48,099,969 

65,140,916 

78,101,791 

78,856,363 

81,876,791 

97,505,140 

100,336,679 

102,091,670 

122,663.885 

136,935,199 


$257,602,135 


1901 


269,936,925 


1902 


243,611,475 


1903 


233,880,095 


1904 


241,894,735 


1905 

1906 

1907 

1909 

1910 


228,967,985 
229,581,305 
238,388,575 
287,570,315 
344,292,337 


* Including pen 


sions. 





The report of the Massachusetts Commis- 
sion, in 1910, on the cost of living states that 
during the entire life of the republic the Unit- 
431 



MILITARISM 



ed States has spent for all purposes the sum of 
$2], 518,871,351 — of which $16,567,677,135 was 
devoted to militarism. That is about $3.00 
out of every $4.00 was spent on war or prep- 
aration for war — a sum exceeding by three 
billion dollars the entire gold production of 
the world since the discovery of America by 
Columbus. 

There are many causes contributory to the 
growth of militarism. Though some of them 
are to be condemned from any point of view, 
others are obviously inocuous or beneficial. 

Rivalry in Armaments. — Probably the most 
important of all the causes of militarism is 
national rivalry in armaments. This rivalry 
is increased by all the artifices of the scare- 
monger, yellow journalist, war-bogey politi- 
cian and ordnance lobbyist. Next in impor- 
tance are the army and navy cliques whose 
numerical strength and social connections give 
them a tremendous influence with monarchs, 
ministries, parliaments and public opinions. 
Kings and nobles don uniforms for the most 
important court functions, while younger sons 
of the aristocracy and political favorites are 
given easy berths in the army and navy at the 
government's expense. The relation between 
militarism and monarchy is so close that many 
pacifists argue that the army is more a foe 
of democracy and a bulwark of privilege than 
a national defense from enemies without. 

Manufacturers. — Next to the army and navy 
itself come the ordnance manufacturers. Their 
influence is almost altogether bad. They are 
the ones who put up the money for the lobby- 
ists that infest parliaments and for the press 
agents who start the war cries. Members of 
the federal Congress have publicly stated that 
the Japan war clouds always thicken just 
when the military appropriation bills come 
before Congress. In 1913 all Germany was 
stirred by sensational charges against the 
Krupps, to the effect that they manufactured 
panics as well as guns. 

Place Hunters. — The desire of members of 
Congress to procure for their constituents army 
posts and naval stations is another cause of 
the growth of military expenditures. Repeat- 
edly attempts have been made by the War and 
Navy Departments to abolish these needless 
sources of expense, but in practically every 
case it has been without avail. New Orleans 
(1912) raised a sum of $20,000 to prevent 
Congress from abolishing a naval station at 
its port. 

Finances. — The financiers or international 
money lenders are also a most powerful class 
who have much to gain from military expendi- 
tures. It is generally known that these men 
could stop almost any war by refusing to lend 
money to governments for wars and military 
purposes. Indeed such an eminent banker as 
James Speyer of New York City has suggested 
that money itself should be made contraband 
of war. President Jordan of Leland Stanford 



University writes that the "The unseen em- 
pire of finance has already- absorbed and dis- 
tributed $26,000,000,000 of war loans for the 
states of Europe. On this sum the people pay 
$1,150,000,000 each year in interest." 

Military Societies. — So much for the prin- 
cipal agencies directly engaged in getting lar- 
ger military appropriations. In addition to 
these are others whose primary purpose is to 
create a public sentiment throughout the land 
in favor of militarism and military ideals. Of 
these the army and navy leagues are perhaps 
the most active. These leagues are already 
established in many nations and are very pow- 
erful. They are organized to stimulate inter- 
est in the army and navy, and to combat 
pacifism. The navy league of Germany for 
instance, has nearly a million members. 

The Grand Army of the Republic, the United 
Confederate Veterans, and the militia, the 
military drills in our agricultural and private 
schools and the Boy Scouts are all aids in 
spreading the military spirit far and wide. 
We may mention, also, in this connection, the 
patriotic societies, fraternal orders, the school 
children's salute of the flag, the custom of 
standing when the national anthem is played, 
and the Salvation Army. The Grand Army of 
the Republic is revered by the nation and given 
every honor by the Government. It has 6,035 
local posts and 213,901 members. The United 
Confederate Veterans number 55,000. The 
militia since the Dick Law of 1903 went into 
effect is noAv for all practical purposes a part 
of the regular army. It has become fashion- 
able for young men to enter the militia, whose 
peace strength is now as follows: 





Regiments 

140 
5 

8 


Officers ' 

6,370 
240 
257 


Men 


Infantry 

Cavalry 

Artillery 


91,056 
3,640 
4,315 



Land Grant Colleges. — The 68 colleges of ag- 
riculture and the mechanic arts, one or more 
in each state, receive federal aid on condition 
of giving military drill and instruction, usu- 
ally under United States Army officers. In 
1910 there were 22,744 young men taking mili- 
tary drill in these "land-grant" colleges. The 
national board for the promotion of rifle prac- 
tice reported, in 1909, that rifle clubs had been 
founded in 26 colleges and universities and 60 
high schools and academies of United States. 

Boy Scouts. — The Boy Scouts were organ- 
ized in 1908 by General Sir Baden Powell in 
England. The English movement was supposed 
largely to prepare the British youth for the na- 
tional defense. Consequently, military tactics, 
were interspersed with games and Indian law. 
The 250,000 or more Boy Scouts in the Unit- 
ed States, however, are not primarily a mili- 
tary organization. 

Patriotic Societies. — The score or more of 
patriotic societies in the United States are 



432 



MILITARY ACADEMY AT WEST POINT 



numerous, influential and flourishing and do 
much to emphasize the martial glories of his- 
tory and so to cultivate the military spirit. 

Propaganda. — Other powerful aids to mili- 
tarism are those school textbooks which gen- 
erally overemphasize war and its glories, and 
yellow journalism which knows that a war 
scare sells "extras." These of course exert a 
profound influence on the youth and the igno- 
rant. 

Pacifist Movement. — The anti-militarist or 
pacifist movement is as active as the militar- 
ist, movement. It has appeared in its most 
extreme form in France where the propaganda 
has been closely associated with the revolu- 
tionary trades union movement of the General 
Confederation of Labor. Young recruits about 
to enter the army are lectured on the duty of 
mutiny in case of war and urged to fire upon 
their officers rather than upon the enemy. 
Workmen employed in the navy yards and 
arsenals have been guilty of acts of sabotage 
or wilful injury to property or product, such 
as loading shells in such a way that they will 
not explode. Plans have been openly discussed 
for the disabling of the country at the moment 
of a declaration of war by the cutting of 
railroad and telegraph lines and the ordering 
of a general strike. The Socialists of Germany 
though sympathizing with the anti-militarist 
movement and though always opposing, in the 
Reichstag, the increases of armament demand- 
ed by the Government, have been more cautious 
in their utterances than their French brethren 
and have steadfastly refused to commit them- 
selves to any international agreement for a 
general strike in case of war. In England the 
spirit of militarism has been in the ascendent 
for the last few years on account of the sup- 
posed danger of an invasion from Germany. 
At one time the public was greatly alarmed 
by the rumors of the discovery of German 
fleets, German spies and German airships in 
various parts of the country, and a play, "The 
Englishman's Home," presenting a distressful 
picture of British unpreparedness for defense, 
increased the excitement. The Liberal gov- 
ernment was forced by public opinion to ex- 
pand its naval programme and had difficulty 
in securing parliamentary approval for the 
Declaration of London (see), an international 
agreement on neutrality authorized by the 
Hague Conference. Universal conscription has 
been advocated; enlistment in the volunteer 
territorial force has become popular; and offi- 
cers' training corps are organized in all the 
universities. 

Progress of the Peace Movement. — The Unit- 
ed States is now the leader in the peace move- 
ment of the world. Most of the separate 
peace societies, now numbering about 70, 
are extremely active and embrace in 
their membership the leading thinkers and 
philanthropists of the land. The churches, 
the workingmen, the universities, the chambers 



of commerce, the learned professions and, in 
fact, all classes are also committed to the 
cause of pacifism. Above all the Government 
itself has taken up the cause. 

The peace movement, as it is now coming to 
be recognized, is simply the method of substi- 
tuting law for war, right for might. Until 
some sort of a plan for the "federation of the 
world" is adopted" each nation must use force 
as a last resource to preserve its own inde- 
pendence and sovereignty. So we may expect 
militarism to continue until international law 
has so developed that means other than war 
will be employed to settle international differ- 
ences and to determine the destinies of the 
nations and the races. 

For the propaganda against militarism, there 
are now several agencies in the United States. 
The American Peace Society, founded in 1815, 
issues bulletins and influences public opinion. 
Mr. Edward Ginn of Boston has founded a 
trust fund of $1,000,000 to be used in the 
cause. Andrew Carnegie has created the Car- 
negie Endowment for International Peace with 
an endowment of $10,000,000, with headquar- 
ters in Washington. 

See Armies and Navies, Foreign; Army, 
Standing; Imperialism; Military and Naval 
Expenditures ; Pensions. 

References: D. S. Jordan, Human Harvest 
(1907); J. De Bloch, Future of War (1903), 
128-146; Peace Year Book, 1913, 42,' 46; 
Navy Year Book, 1911, 721, 789; E. Atkin- 
son, Facts and Figures (1904), 139-202; 
B. von Suttner, Lay Doivn Your Arms 
(1905); F. Lynch, Peace Problem (1911), 
113-127; A. T. Mahan, Some Neglected 
Aspects of War (1907), 21-115; C. Sum- 
ner, Addresses on War (1904), 1-133; H. 
Holt, "Dawn of the World's Peace" in 
World's Work, March, 1911; B. F. Trueblood, 
Cost of War (1907), Syndicates for War 
(1911), Am. Assoc, for International Concili- 
ation. Publications-, Massachusetts Commis- 
sion on Cost of Living, Waste of Militarism 
(1910) ; A. L. Guerard, "Impressions of Mili- 
tary Life in France" in Pop. Sci. Monthly, 
April, 1911. Hamilton Holt. 

MILITARY ACADEMY AT WEST POINT. 

Founded in 1802 as an adjunct to the Corps 
of Engineers of the United States Army, this 
institution has educated officers for all branch- 
es of the military service for more than a cen- 
tury. Since 1866 it has been under the direct 
control of the Secretary of War. Candidates 
are appointed from all the states upon the 
recommendation of Senators and Representa- 
tives in Congress; and there are now over 500 
cadets taking the course of instruction for 
four years. The faculty is composed of 100 
officers, including 11 permanent professors 
holding military rank. Up to 1911 the gradu- 
ates numbered 5,016; and those now in service 
constitue nearly half of the 4,300 officers of 



433 



MILITAEY AND NAVAL EDUCATION— MILITARY AND NAVAL EXPENDITURES 



the line and staff of the Army. The Military 
Academy is provided for by a separate appro- 
priation bill, the annual appropriation vary- 
ing with the number of cadets, who receive 
regular pay, and the allowance for public 
works. The plan of improvement and recon- 
struction authorized in 1904 may require 
$10,000,000 for its completion. The pay of 
instructors and cadets amounts to nearly 
$700,000 a year. See Army, Standing; Edu- 
cation as a Function of Government; Edu- 
cation, Military and Naval; Officers, Mil- 
itary and Naval. References: G. W. Cullum, 
Biographical Register of Officers and Gradu- 
ates of the U. S. Military Acad. (3d ed., 1891) ; 
Centennial of the U. S. Military Acad. (1904) ; 
E. Upton, Military Policy of the U. 8. (1907), 
90, 94, 236-241; U. S. War Department, An- 
nual Reports, 1899-1903 (1904), 130, 281, 
359; ibid (1908), IV; (1910), I, 27, 57; 
Military Laios (1908), 542-562, 1237-1239; 
Register of the TJ. 8. Military Acad., 1912. 

C. G. C. 

MILITARY AND NAVAL EDUCATION. See 

Education, Military and Naval. 

MILITARY AND NAVAL EXPENDITURES. 
From 1789 to 1816. — Taxation for military pur- 
poses was unpopular for a generation after 
the creation of defensive armaments was au- 
thorized by the Constitution of the United 
States (Art. I, Sec. viii, If 12, 13). General 
poverty and opposition to the enlargement of 
the powers of the national Government helped 
to strengthen the prejudice against standing 
armies. For seven years prior to 1798 the total 
granted to the Army was $10,000,000, and the 
Navy was founded with $1,500,000. The war 
of reprisals with France, in 1799, brought the 
aggregates for a four years' administration up 
to $8,710,292 and $9,799,570 respectively; but 
the figures fell to $3,590,409 and $4,918,125. 
In anticipation of war the annual appropria- 
tions were increased, and in 1809 stood at 
$3,345,772 for the Army, including $1,200,000 
for fortifications, and $2,487,758 for the Navy. 
The total cost of armaments from 1791 to 1811 
was $63,000,000. The cost of the Army, includ- 
ing militia and volunteers, for the five years 
ending in 1816 rose to $82,627,990, while 
$30,285,534 was the cost of keeping the Navy 
on a war footing for the contest with Great 
Britain. A pension account of $45,853,024 
grew out of this war; and large tracts of 
public land were also distributed to the sur- 
vivors and their heirs {see Bounties). 

From 1816 to 1860. — For nineteen years of 
peace the military and naval expenditures were 
$90,000,000 and $66,000,000 respectively; but 
the cost of the Army was nearly doubled after 
1835, $69,751,611 being expended during the 
seven years of the Florida War, with $45,- 
280,724 for the Navy. During the next three 
years the naval expenditure was the larger; 



but the Mexican War required $88,500,208 for 
the Army in four years, during which the Navy 
cost $33,550,831. Up to 1911 the pensions foi 
this war amounted to $45,279,686. The pay of 
the regular troops was about $5,000,000, of 
the volunteers about twice as much. In 1842 
the cost of the fleet, which then included 5 
ships of the line and 11 frigates, 2 of them 
steamers with 34 smaller vessels, was $14,631,- 
984, of which 40 per cent was spent in repairs. 
In the time of sails and cast-iron guns the 
cost of construction and armament was not 
high; but the expense of maintenance was con- 
stantly increasing. The advent of steamers 
armed with guns capable of firing shells dis- 
turbed calculations both afloat and ashore; and 
large sums were demanded for harbor defence 
( see Fortification s ) . 

For the eleven years ending in 1860 the mil- 
itary expenditure, including large sums spent 
on fortifications, aggregated $168,079,607, 
reaching a maximum of $25,679,121 in 1858 
on account of the Utah expedition. The Navy 
had received $127,874,500; and for 1860 the 
military and naval appropriations were 
$16,472,202 and $11,514,649 respectively. 
These figures made the cost of armaments 44 
per cent of the total expense of the general 
government, or 80 cents per capita. The Unit- 
ed States Army had 16,367 officers and men in 
1860, with 183 out of 198 companies serving 
on the western frontiers. Great Britain was 
then maintaining an army of 122,655 men, 
exclusive of the forces in India; and her mili- 
tary estimates ran to $2.20 per capita. 

Civil War. — The expenditures of 1861 were 
out of all proportion to the regular appropria- 
tions. The cost of the Army was $389,173,000 
for 1862, $603,314,000 for 1863; $690,391,000 
in 1864; and $1,030,690,000 in 1865. The na- 
val expenditure for the four years was $314,- 
223,000, the increase over the appropriation of 
1860 averaging 600 per cent for the Navy and 
3,000 per cent for the Army. These figures do 
not include the expenditures of the states for 
bounties, etc., which were finally paid by the 
Treasury Department. With these the total 
cost of the war was reckoned in 1879, at 
$6,190,000,000. Hardly a tenth of the pen- 
sions had then been paid; but by June 30, 
1911, a total of $3,985,719,836 had been paid 
to pensioners of the Civil War. Interest on 
the public debt should also be reckoned among 
the charges "on account of wars past." 

From 1866 to 1897. — The services were re- 
duced to a peace footing in 1866, after an 
additional $283,154,000 had been spent for 
the Army and $43,285,000 for the Navy. For 
the next four years a total of $354,626,000 
was granted for the Army, and the Navy got 
$98,589,000. For the next decade the military 
appropriations averaged $38,617,000, of which 
a tenth or more was devoted to the improve- 
ment of rivers and harbors, and the naval al- 
lowance was $19,658,000. There was little 



434 



MILITARY AND NAVAL EXPENDITURES 



change up to 1890; but during the next seven 
years both services were armed with steel 
rifled cannon, new fortifications were begun, 
and some progress toward the construction of an 
armored fleet was made. The average expend- 
itures to 1897 were $50,201,000 and $29,661,000 
respectively. The total pension bill had passed 
the cost of the Army in 1880, and that of both 
services in 1883; and it still outran their 
expenditures in 1897, when the appropriation 
was $141,053,000. 

Spanish War. — For the war with Spain and 
the subjugation of the Philippines, from 1898 
to 1901, the appropriations were $601,232,000 
for the Army and $297,063,000 for the Navy. 
Pensioners for these wars received $34,143,000 
prior to June 30, 1911 ; and a large part of 
the $21,706,000 paid to soldiers disabled in 
the regular Army belongs to this account. The 
military occupation of the Philippines since 
1899 has cost $167,000,000 besides the pay and 
subsistence of the troops. 

Expenditures since 1901. — For the decade 
ending June 30, 1911, the aggregate expendi- 
ture for the military establishment is reckoned 
as $1,086,449,778 including $71,17*3,527 for 
fortifications, $37,125,403 for military posts, 
and $14,610,581 for the Military Academy. 
Naval expenditures aggregated $1,105,585,807 
for the same period, including $307,758,122 for 
the increase of the fleet. The total spent for 
construction and armament in 30 years after 
1883 was $449,184,352, of which over $36,- 
000,000 was spent on vessels unfinished on 
June 30, 1912. For the further increase of 
the Navy the appropriations for the next two 
years were $20,569,373 and $35,325,695, re- 
spectively. 

Analysis of recent appropriation bills shows 
that the Army requires $45,000,000 annually 
for pay, and $9,000,000 for subsistence; the 
quartermaster's department spends $40,000,000 
more; and the total of $94,000,000 is thus re- 
quired for maintenance. To this should be 
added $9,000,000 for fortifications at home and 
abroad, the grant of $4,000,000 for the militia; 
and the appropriation for West Point. From a 
naval appropriation of $126,500,000 there has 
to be subtracted $39,000,000 for pay, $7,500,000 
for rations, $12,000,000 for repairs, $10,000,000 
for guns and ammunition, $5,000,000 for a 
million tons of coal, and $7,500,000 for the 
support of the Marine Corps. The maintenance 
of 14 navy-yards and 21 other stations at home 
and abroad averages $12,251,954, and their 
total cost prior to 1910 was $320,613,796. The 
balance of the annual naval appropriation is 
applied to the increase of the Navy in payment 
for ships expressly authorized by Congress. 
The amount varies from year to year but aver- 
ages about $30,000,000. It is obvious that the 
proposal to limit military and naval expend- 
itures to $100,000,000 for each service cannot 
be harmonized with any estimate of the cost 
of maintaining the existing organization and 



supplying such armament as may be required 
to keep pace with technical progress. 

Competitive Expenditure. — A vast increase 
of expenditures for military purposes dates 
from 1898, the year of the discussion of 
the reduction of armaments at the 
Hague Conference; and the United States 
joined the competition between nations 
by doubling the appropriations for the 
Army and Navy after the Spanish War. 
Great Britain now spends $133,468,000 and 
$219,024,000 on these services; Germany, 
$199,404,000 and $107,515,000; France $175,- 
309,000 and $81,522,000; Italy, $70,256,000 
and $40,933,000; and Japan, $37,305,000 and 
$42,958,000. Several countries have doubled 
their naval estimates since 1902 in order to 
build dreadnoughts for their fleets. The in- 
crease in military expenditures from 1900 to 
1912 was 32.5 per cent; in naval, 75 per cent; 
and for combined armaments, 45 per cent, for 
the eight leading powers. While all mari- 
time nations are rapidly enlarging their fleets, 
the most notable increase in military expen- 
ditures in the estimates for 1914 is that re- 
quired by the proposed reinforcement of the 
armies of Germany and France, for which new 
methods of taxation have to be devised. The 
per capita cost of all armaments is about $7.69 
for Great Britain, the colonies not contribut- 
ing to imperial defense, though some of them 
are building navies on their own account; 
$4.75 for Germany; $6.50 for France; 
$3.18 for Italy; and $1.54 for Japan. Mak- 
ing no allowance for the tax imposed by com- 
pulsory service, a British soldier costs $500 a 
year, of which $104 are his wages; a German 
soldier costs $325, being paid only $18; and 
an American private costs $1000, of which his 
pay is not less than a fifth. In comparison 
with national wealth the per capita charge of 
$2.45 for defensive armaments in the United 
States appears moderate, though it constitutes 
over one-third of the expenses of government. 
Taking the pensions and interest on war debts 
into account, the expenditure of the United 
States for "wars we have had and wars we 
are preparing to avoid" exceeds that of any 
other power. Comparisons of naval expend- 
iture based on the tonnage of merchant ship- 
ping show that the American rate of insur- 
ance is high, but if reckoned according to mar- 
itime trade it does not exceed a fair average. 

See Appropriations, American System of; 
Army, Standing; Bounties to Soldiers and 
Sailors; Coast Defense; Cost of Govern- 
ment in the United States ; Education, Mil- 
itary and Naval; Expenditures, Federal; 
Militarism; Officers, Military and Naval; 
Pensions, Military and Naval; Retirement 
of Military and Naval Officers ; War, Car- 
rying on. 

References: N. Angell, Great Illusion 
(1910); J. de Bloch, Future of War (1903), 
Pt. VI; E. Crammond, "Expenditure on Arma- 



435 



MILITARY AND NAVAL OFFICERS, RETIREMENT OF— MILITARY LAW 



ments" in Quart. Review, CCXVI, January, 
1912, 224-247; D. R. Dewey, Financial Hist, 
of the U. S. (1907), 115, 267, 329, 399, 428, 
475; I. Hamilton, Compulsory Service (1911), 
203, 209; W. R. Lawson, Modem Wars and 
War Taxes (1912) ; W. Pulsifer, Navy Year- 
look, 1912, and year by year; F. S. Roberts, 
Fallacies and Facts Relating to Compulsory 
Service (1911), 82-84; E. Upton, Military 
Policy of the U. S. (1907), 141, 191-193, 221, 
224; Royal United Service Institution, Jour- 
nal, 1911, 507; J. E. Barker, "Armament 
Race" in Fortnightly Review, DLVI (April, 
1913) ; U. S. War Department, Annual Re- 
ports, 1918, I, 62; 1911, II, 226; 1910, I, 55- 
64, 669 ; U. S. Navy Department, Annual Re- 
ports, 1910, II, 31; Cong. Record, 60 Cong., 
1 Sess. (1908), 5083-5087; 61 Cong., 2 Sess. 
(1910), 9745, 9746; 61 Cong., 3 Sess. (1911), 
1006; Appendix, 234; 62 Cong., 2 Sess. (1911), 
220, 479-482, 607. C. G. Catkins. 

MILITARY AND NAVAL OFFICERS, RE- 
TIREMENT OF. See Retirement of Mili- 
tary and Naval Officers. 

MILITARY COMMISSIONS. To enforce the 
restraints of martial law by the trial and 
punishment of offenders, military commissions 
have been constituted under the law of war in 
all the wars in which the United States has 
engaged since 1847. The burning of bridges 
and other acts of guerrilla warfare led to the 
employment of these tribunals in 1861, and 
they were continued until 1865 "for the pun- 
ishment of public crimes in regions where other 
courts had ceased to exist." Political prison- 
ers in some northern states were also tried 
by military commissions during the Civil War; 
and those implicated in the plot which led to 
the assassination of President Lincoln and the 
commander of Andersonville prison were con- 
demned by such tribunals after the close of 
the war. 

In reviewing the Milligan case, tried by a 
commission in Indiana, in 1864, the Supreme 
Court (4 Wall. 2) decided (December, 1866) 
that it was illegal to try a citizen of that 
state, where the national authority was unop- 
posed, by a military commission. Neverthe- 
less the Reconstruction Act (see) passed in 
March, 1867, authorized commanders of mili- 
tary districts to employ military com- 
missions to repress "disturbers of the pub- 
lic peace and criminals" in the states lately 
in rebellion. During the invasion of the Philip- 
pines and Porto Rico in 1898 various offenses 
committed by inhabitants of those countries 
were tried by military commissions. 

Martial law having been proclaimed in cer- 
tain striking mining districts of West Vir- 
ginia during 1913, the governor directed the 
trial of offenders by military commissions. 
This procedure was approved by the highest 
courts of that state (Ex parte Jones, 77 8. E. 



1029, March 21, 1913) ; but being called in 
question in the Senate of the United States, it 
was proposed to investigate its legality and 
justice, and thus ascertain the limitations of 
state authority in that direction. 

Though military commissions have been rec- 
ognized in certain statutes of the United States 
their constitution, composition, and procedure 
have been regulated by law. It has been the 
custom to assimilate them to courts-martial; 
but the latter are the only tribunals author- 
ized to try military offenses committed by 
persons serving in the Army or Navy. 

See Courts Martial; Martial Law; Mili- 
tary Law; Reconstruction. 

References: U. S. War Department, Military 
Laws (1908), 745, 1076; Official Records of the 
Civil War (1880-1901), Series II, I, 281, IV, 
857, V, 104, 543, 633, VIII, 696, IV, 449, V, 
491; Annual Reports, 1899, I, Pt. II, 132, I, 
Pt. IV, 52, 58; W. Scott, Memoirs (1864), II, 
395, 540; W. Whiting, War Powers under the 
Constitution (43d ed., 1871), 275, 281, 446, 
460; Ex parte Milligan, 4 Wallace 2 (1867); 
W. Winthrop, Digest of Opinions of the Judge- 
Advocate General (1901), 462; W. A. Dunning, 
Reconstruction (1907), 22, 89, 94, 256; W. L. 
Fleming, Documentary Hist. Relating to Re- 
construction (1906), 401, 440; C. E. Magoon, 
Law of Civil Government in Territory Subject 
to Military Occupation (2d ed., 1902), 11-19; 
G. N. Lieber, Necessity of Martial Law 
(1897); Cong. Record, 63 Cong., 1 Sess. 
(1913), 1814-1820, 1935-1950, 1992-1999, 
2018-2025, 2107-2110. C. G. Calkins. 

MILITARY DISCIPLINE. Military disci- 
pline is a name applied to that condition of 
subordination to superior control in which all 
persons composing an army or military organ- 
ization voluntarily subject themselves to the 
will and direction of their military superiors — 
each of whom is acting within the scope and 
authority of his rank or office in the military 
establishment. Military discipline has been cor- 
rectly defined as "the orderly recurrence of 
events in a military command;" the theory of 
the definition being that, if there be that sub- 
jection of individual will to superior authority, 
the various details or incidents of service will 
be carried into effect so intelligently and effi- 
ciently as to constitute sound military disci- 
pline. See Articles of War; Military Law. 
References: G. B. Davis, Military Law (1901), 
ch. ii; J. F. Morrison and F. L. Munson, A 
Study of Troop Leading and Management in 
Sanitary Service in War (1910) ; B. M. Ash- 
burn, Elements of Military Hygiene (1909) ; 
V. Hayard, Military Hygiene (1909); Am. 
Year Book, 1910, 362, 365, and year by year. 

G. B. D. 

MILITARY LAW. Military law is that 
branch of the legislation of a state which de- 
fines the rights, prescribes the duties and reg- 



436 



MILITARY OCCUPATION 



ulates the conduct of the officers and men com- 
posing its military establishment; it is a part 
of the administrative law of the United States 
and is largely embodied in an enactment known 
as the Articles of War {see) and in a number 
of statutes which have been adopted by Con- 
gress from time to time, with a view to the 
establishment and maintenance of military dis- 
cipline, under the authority to that end which 
is contained in the requirement of the Consti- 
tution that "the Congress shall have power 
. . . to make rules for the government and 
regulation of the land and naval forces" (Art. 
I, Sec. viii, H 14). 

The military law of the United States defines 
the several military offenses and imposes pun- 
ishments calculated to prevent their occur- 
rence; it also prescribes rules of conduct ap- 
plicable to persons holding military rank, vests 
jurisdiction in the several tribunals to try and 
to punish offenses in violation of military law, 
and also regulates their composition, appoint- 
ment and procedure. Military offenses are 
violations of the penal clauses of the Articles 
of War, the principal ones being mutiny, dis- 
obedience of orders, disrespect to superiors or 
the use of violence against them, desertion, ab- 
sence without leave, neglect of duty, conduct 
unbecoming officers and gentlemen and the 
like; certain offenses involving fraud in respect 
to the public money or property furnished for 
use in the military service are also made crim- 
inal. 

Upon conviction of a military offense the 
court must impose the sentence established by 
law if such there be — otherwise the punish- 
ment is discretionary with the court-martial, 
subject to the requirements of a system of 
punishments established by the President in 
virtue of authority to that end which is vested 
in him by Congress. The punishments usual- 
ly imposed are dismissal, dishonorable 
discharge, confinement with hard labor, 
fine or forfeiture of pay, suspension from duty, 
rank, or pay, degradation in military rank and 
public or private reprimand; for certain of 
the more serious offenses capital sentences may 
be imposed, especially in time of Avar or public 
danger. 

Military law becomes operative, as to a com- 
missioned officer, upon his appointment to mil- 
itary office, and as to an enlisted man upon 
his admission into the army in the operation 
of a contract of enlistment ; it ceases to be 
applicable when the officer or soldier has been 
lawfully separated from the service — as by res- 
ignation, discharge, etc. Military law becomes 
applicable to the militia when it has been 
called into the military service of the United 
States in the manner prescribed in the Con- 
stitution (Art. II, Sec. viii, ^ 15) ; it becomes 
applicable to volunteers from the date of their 
acceptance by muster-in; it ceases to be opera- 
tive as to these forces on and from the date 
of their muster-out or discharge. 



See Coukts Martial; Martial Law; Mili- 
tary Discipline; Military Prisons ; Soldiers 
and Sailors, Legal Status of. 

References: C. M. Clode, Military Forces of 
the Crown (1869), II; E. Samuels, Law Mil- 
itary (1816); London War Office, Manual of 
Military Law (1884); A. F. Tytler, Military 
Law (1814) ; John O'Brien, Am. Military Laws 
(1846) ; S. V. Benet, Treatise on Military Law 
(1863) ; R. A. Ives, Military Law of the U. S. 
(1901); W. Winthrop, Military Law (1896); 
E. S. Dudley, Military Law (1908). 

George B. Davis. 

MILITARY OCCUPATION. In most of the 
foreign wars of the United States, foreign ter- 
ritory has, at least for the time being, been 
held by American forces. This was the case 
in the Canadian campaign of 1775-1776; in 
some temporary occupations of Canada during 
the War of 1812; and on a large scale during 
the Mexican and Spanish Wars. In all cases, 
where the occupation lasted long enough, the 
military authorities have assumed the right to 
regulate or create civil governments though 
the area within the American lines in Mexico 
(as held by the Supreme Court in Fleming vs. 
Page, 9 How. 603) was still part of the for- 
eign country. 

The question whether any of the incidents of 
military occupation continue after the legal 
cession of the country occupied, has been dif- 
ferently treated at different times. Such a 
prolongation is claimed: (1) as a continu- 
ance of the law existing just before the ces- 
sion; (2) as an implied continuance of the 
cursory authority previously exercised after 
the cession is completed, until some disposition 
shall be made by Congress. 

The clearest case of assertion of such mili- 
tary authority was in California from 1848 to 
1850, upheld by the Supreme Court in Cross 
vs. Harrison (16 How. 164). In the Insular 
Cases of 1900 (see), the Supreme Court de- 
nied the prolongation of military occupation 
after the treaty was ratified. 

Territory of the United States has been 
twice occupied by an enemy. ( 1 ) During the 
Revolutionary War, the British held New York 
City, Newport, Savannah, Charleston, and, 
for a winter, Pennsylvania. Subsequent- 
ly, in the case of Rutgers vs. Wad- 
dington, the New York Courts held that 
the British had a right to make a temporary 
disposition of real estate in the city during 
the occupation. (2) During the War of 1812, 
the British held for some months the post of 
Astoria and part of the District of Maine, and 
the Supreme Court of the United States (U. 
S. vs. Rice, 4 Wheat. 246) ruled that the mili- 
tary government set up by the British was a 
lawful government for the time during which 
it was in operation. 

See California and New Mexico; Depend- 
encies of the United States; Philippine 



437 



MILITARY POSTS— MILITARY SERVICE, COMPULSORY 



Islands; Territory, Acquired, Status of; 
War, International Relations in. 

References: C. Becker, "Acquisition and Gov- 
ernment of Dependent Territory" in Am. Acad. 
of Pol. and Soc. Sci., Annals, XVI (1900), 404; 
C. E. Magoon, Reports on the Law of Civil 
Government in Territory Subject to Military 
Occupation (1902) ; bibliography in A. B. 
Hart, Manual (1908), § 185; W. Whiting, Mil- 
itary Government of Hostile Territory (1964). 
Albert Bushnell Hart. 

MILITARY POSTS. See Posts, Military. 

MILITARY PRISONS. A military prison is 
a place of detention established by law for the 
punishment of persons belonging to the army 
who have been convicted of what are known as 
"military offenses," that is of violations of the 
Articles of War, as distinguished from com- 
mon law or statutory felonies. Prior to 1873 
soldiers convicted of such offenses and sen- 
tenced to terms of imprisonment were confined 
in the guard houses at the several military 
posts throughout the United States; in that 
year a military prison was established at Rock 
Island, Illinois, which was subsequently re- 
moved to Fort Leavenworth, Kansas, where 
military offenders are subjected to such in- 
struction and disciplinary restraint as is be- 
lieved to lead to their reformation. New build- 
ings for prison purposes are now undergoing 
construction at Fort Leavenworth, Kansas, and 
at Alcatraz Island, California. See Military 
Law; Soldiers and Sailors, Legal Status of. 

G. B. D. 

MILITARY RESERVATIONS. The Consti- 
tution (Art. I, Sec. viii, fl 17) gives Con- 
gress exclusive jurisdiction over such lands as 
are purchased with the consent of the legisla- 
ture of the state in which they are situated 
for the erection of forts, magazines, or dock- 
yards; and no expenditures of public money 
are made until such consent shall have been 
obtained. Offences for which there is no pro- 
vision in the laws of the United States may 
be punished by the federal courts according to 
the laws of the state in which the reservation 
is situated; and the prosecution is not hindered 
by the repeal of a state law after the land 
has been ceded. Statutes providing for the 
punishment of wanton mischief and the pre- 
vention of fires on reservations have been en- 
acted by Congress; and the sale of liquor is 
also restricted by law. Reservations found to 
be useless for military purposes may be re- 
stored to the public domain by order of the 
President, who may grant tracts not exceed- 
ing 20 acres to municipalities for public use. 
National military parks have been authorized 
on five of the principal battlefields of the Civil 
War; and the Army and the National Guard 
are allowed to hold manoeuvers therein under 
regulations prescribed by the War Department. 



The reservation of tracts of live-oak and cedar 
to supply the Navy with timber have, like 
those for providing the British navy with spars 
in colonial times, been found unnecessary, 
though they are provided for by statutes. See 
Navy Yards ; Posts, Military ; Public Lands 
and Public Land Policy. References: U. S. 
War Department, Military Laws (1908), 604- 
621, ch. xliv, 1244, Military Reservations (3d 
ed., 1910), Annual Reports, 1912, I, 501; 
U. S. Navy Department, Laics Relating to 
the Navy (1898), 480-83, 432-436. 

C. G. C. 

MILITARY SERVICE, COMPULSORY. The 

military advantages of an automatic system 
which makes every class of the population bear 
a part in national defence are incontestable. 
Not only does it provide for an ample stand- 
ing army during peace and perpetuate the mil- 
itary tradition but it provides a practically 
unlimited reserve of trained soldiers in the 
prime of life. Thus all the extravagance and 
disorder of hurried recruiting, the bounties for 
volunteering and the irritating enforcement of 
conscription, are avoided. The army is mobi- 
lized for war by filling the ranks of the exist- 
ing organization, without sending improvised 
regiments or companies to the front; and no 
command is entrusted to an untrained officer. 
The superiority of these Prussian methods hav- 
ing been demonstrated in 1866 and 1870, all 
the continental nations of Europe speedily 
adopted universal service; and Japan has fol- 
lowed their example with notable success. 
The Balkan states which engaged in war in 
1913 had a more thorough and comprehensive 
system of compulsory service than Turkey. 

Advocates of compulsory service sometimes 
urge that it produces social subordination as 
well as patriotic devotion, and that it equal- 
izes the burden of national defence by making 
the poor contribute. Since substitution is not 
tolerated, the ranks contain representatives of 
different social strata. The economic loss 
due to the maintenance of large armies is con- 
siderable, since men are withdrawn from their 
trades and made to serve with only nominal 
wages; but it is claimed that the training of 
recruits improves their physical and intellect- 
ual aptitude. For nations with a frontier 
exposed to attack by land the advantages of 
compulsory service are incontestable. Great 
Britain is now urged to follow the 
example of her neighbors instead of 
relying upon a voluntary system of recruit- 
ing; but this is opposed on the ground that 
naval supremacy will prevent invasion and 
that the compulsory system does not prepare 
troops for colonial or expeditionary service. 

For the army of Germany and the nations 
which adopt her methods recruits are sum- 
moned to the ranks at the age of 20 and 
retained for two years before passing into the 
reserve. Shortening the term from five to 



438 



MILITIA 



three and then to two years enables Germany 
to train a larger proportion of the classes 
reaching the age of 20 and to maintain a 
younger active reserve. France now proposes 
to hold men for three years, exemptions are 
reduced, and men are kept longer in the reserve 
with annual periods of training. Other nations 
vary their methods according to their birth- 
rate or finances; and Spain still relies upon 
conscription and admits substitutes. Com- 
pulsory service for 60 to 90 days gives Swit- 
zerland an adequate national militia. 

See Armies and Navies, Foreign; Armies, 
Standing ; Bounties to Soilders and Sailors ; 
Conscription and Draft; Enlistment, Mili- 
tary and Naval ; Military and Naval Ex- 
penditures; Militia; Soldiers and Sailors, 
Legal Status of; Substitutes, Military; 
Volunteer. 

References: C. von der Goltz, Nation in 
Arms (1887), 4, 17, Conduct of War (1896), 
16, 17; K. zu Hohenlohe, Letters on Infantry 
(1889), 23-25; F. Culmann, L'Armee alle- 
mande et VArmee francaise (1908) ; J. Jaures, 
L'Armee nouvelle (1911) ; I. Hamilton, Com- 
pulsory Service (1911), 11-14, 44, 58, 151- 
173, 203; F. S. Roberts, Facts and Fallacies 
Relating to Compulsory Service (1911), 145; 
F. N. Maude, Tactics and Organization (1888), 
14, 24, Voluntary vs. Compulsory Service 
(1807); H. Cox, "The Demand for Compul- 
sion" in Edinburgh Review, No. 444 (April, 
1913), 485; "The Military Conspiracy" in 
Fortnightly Revieio, March and April, 1913, 
450, 640. C. G. Calkins. 

MILITIA. Constitutional Provisions.— The 
Constitution has more detailed provisions for 
the militia than for any other branch of the 
military service; the purposes for which it 
can be called out by the President are speci- 
fied; "the appointment of the officers and the 
authority of training the militia according to 
the discipline prescribed by Congress" are re- 
served to the states; the second amendment 
asserts the necessity of a militia as the basis 
of the right to bear arms, thus indicating 
the connection between the forces organized by 
the states and the colonial trainbands (Art. 
I, Sec. viii, fl 15, 16, Art. II, Sec. ii, ff 1, 
Amend. II). 

Colonial Experience. — Militiamen had driven 
back the Indians and held the French in check, 
and contingents had been drafted or hired to 
assist the British troops in invading Canada 
and the West Indies. The relation between 
such forces and the British regulars was unsat- 
isfactory, since the militia resented subordina- 
tion to British commanders and allowed scanty 
disciplinary authority to their own officers. 
The minute-men of 1775 were drawn from the 
militia; and when they were mustered into the 
Continental service Washington complained of 
the slackness of their discipline, the confusion 
due to their short terms of enlistment, and 



their subjection to the civil governors of the 
respective states. 

Legislation (1792-1819).— The act for estab- 
lishing a uniform militia passed by Congress 
in 1792 was not materially modified until 1903, 
though most of its clauses had proved ineffec- 
tive whenever a war had occurred. The re- 
quirement that every able-bodied white male 
citizen should be enrolled in the militia had 
little practical significance; and the specifica- 
tions concerning the firelocks and flints of the 
soldiers and the hangers and spontoons of the 
officers became obsolete before 1800. Wash- 
ington had found the old organization a "bro- 
ken staff," and in 1794 he approved a project 
adapted by General Knox from the suggestions 
of Baron von Steuben for a national militia 
or legionary army. The country was called 
upon to choose between the German plan of 
training youths "throughout the community 
by rotation," in order to diffuse military 
knowledge, and the British practice of engaging 
"a militia of substitutes." In 1806 a commit- 
tee of Congress declared plans for classify- 
ing the militia according to age inexpedient; 
and the failure of the militia organization dur- 
ing the War of 1812 did not prevent a similar 
report in 1819, when the "camps of discipline" 
which Knox had proposed were condemned be- 
cause "The sentiments and habits of a free 
country necessarily produce amongst the citi- 
zens a superior restlessness under restraint 
than is to be met with among the subjects of a 
monarchy." It was, however, recommended 
that the officers and sergeants of the militia 
should be trained at an annual expense of 
$157,800 for a force of 250 battalions of 100,000 
men. 

Constitutional Objections. — The attempt to 
employ the militia against Great Britain had 
encountered a great variety of legal and prac- 
tical obstructions. (1) The Federalists of New 
England held that the constitutional provision 
for calling forth the militia "to execute the 
laws of the Union, suppress insurrections, and 
repel invasions" (Art. I, Sec. viii, If 15) did 
not sanction the President's plan for sending 
such troops to invade Canada. This was over- 
ruled by the Hamiltonian plea that the power 
of Congress to make war included whatever 
was requisite to success in war; but another 
constitutional objection was encountered. (2) 
The judges of Massachusetts advised the gov- 
ernor that, as commander-in-chief of the state 
militia, he had the sole right of determining 
when the exigencies prescribed by the Consti- 
tution existed. It was also doubted whether 
"the militia thus employed can be lawfully 
commanded by any officer but of the militia, 
except by the President of the United States." 
These objections were overruled in later test 
cases before the Supreme Court. Defective 
organization was even more fatal to the effi- 
ciency of the militia than any form of dis- 
affection when the country was actually in- 



439 



MILITIA 



vaded. Thus in 1814 a force of 5,000 British 
soldiers laid waste the capital in spite of the 
nominal presence of nearly 200,000 militia in 
the national service. 

Frontier states were found only too eager to 
force militia upon the government for cam- 
paigns of adventure. The unnecessary and in- 
effective employment of militia offered by the 
adjacent states during the later campaigns 
against the Indians of Florida imposed a 
heavy burden upon the next generation. In 
1845 President Polk directed the engagement 
of militia for service on the Mexican frontier 
and planned invasion beyond the Rio Grande 
without any sanction from Congress. 

Civil War. — The supreme test of the militia 
system took place in 1861 when Lincoln sum- 
moned 75,000 troops to restore the authority 
of the Union. A few organized regiments were 
recruited for three months' service under 
this call; but most of the volunteers served 
under an improvised organization with officers 
elected by themselves. The governors of the 
border states (see) invoked theories of state 
rights to justify their refusal to send troops, 
though large forces were drawn from them at 
a later period. Even the loyal governor of 
New York claimed the right to appoint major- 
generals so as to prevent injury to "the dis- 
tinctive character of the militia of the states," 
and a committee of the Senate opposed the 
incorporation into the same force of volunteers 
and regulars on the ground that the Constitu- 
tion had established a distinction between the 
troops of the states and those of the Union. 

A law of 1863 gave the national administra- 
tion complete control over recruiting the vol- 
unteer army by conscription or otherwise; but 
the states retained the power of appointing 
regimental officers, who could, however, be dis- 
placed by the War Department and not by the 
governors; and the hospitals of the states were 
allowed to discharge soldiers on the plea of 
disability without effective control. Massa- 
chusetts had an elaborate militia code and 
regiments permanently organized; but it was 
only by great zeal on the part of Governor 
Andrew, supported by special legislation, that 
5,593 men were sent to the front in 1861. The 
2,500,000 enlistments of later quotas were or- 
ganized as volunteers; and except in the state 
control of the nomination of officers and the 
consequent multiplication of new regiments, 
few of the elements of the militia system were 
observable in the Army after 1862. 

1865 to 1902. — No essential modification of 
the militia and its relations to the general 
government occurred between 1865 and 1898, 
though the state forces came to be known as 
national guards and conformed more closely to 
the discipline of the regular Army in some of 
the states. The troops called out for the war 
with Spain were mustered as volunteers; but 
many regiments retained the militia organi- 
zation, and nearly all had officers elected by 



the men or appointed by the governors of the 
states. Those who consented to prolong their 
service in the Philippines until relieved by 
regulars and United States volunteers were 
publicly thanked for their "heroic example"; 
having enlisted only for the contest with the 
Spaniards. 

Act of 1903. — In 1903 a comprehensive meas- 
ure for making the militia a part of the na- 
tional forces was enacted; regiments could be 
mustered in to serve during the war without a 
new enlistment; and they were to be instruct- 
ed by regular officers during peace. Standard 
arms were supplied to all the organized militia 
by the War Department; and officers were de- 
tailed to inspect the militia of different states. 
In 1910 the fitness of the units for classifica- 
tion was determined, and the total force reck- 
oned as 9,155 officers and 110,505 soldiers. As 
amended in 1908 the law provides for an an- 
nual grant of $4,000,000 for the equipment and 
maintenance of the militia. The militia 
pay bill giving officers and men of this force 
from 10 to 25 per cent of the pay of 
corresponding grade in the regular Army 
failed to pass in 1913, though approved by 
the War Department. The inspection dis- 
closed a lack of uniformity in the militia of 
different states, and this may be attributed 
to the constitutional limitation which leaves 
the appointment of officers and the training 
of men to the states. It is therefore proposed 
to provide by law for the creation of a volun- 
teer army not thus restricted. The militia 
engages in joint manceuvers with the regular 
Army and in target-practice at the forts in 
order to qualify as a reserve for the coast- 
artillery. Naval militia organizations exist in 
17 of the states, and their total force in 1910 
was 7,000. The Navy Department has as- 
signed 33 armed vessels for their instruction; 
and they cruise in vessels of the fleet at in- 
tervals. A contingent of the naval militia 
served during the maritime campaign of 1898. 

See Adjutant General, State; Armories, 
Public; Army, Standing; Enlistment; In- 
surrection; Officers, Military and Naval; 
Order, Maintenance of; Rebellion; Re- 
serves; Riots, Suppression of; Volunteer; 
War Power of the President. 

References: Am. State Papers, Military 
(1834), I, 6-9, 139, 325, 681, 741; House Re- 
ports, 45 Cong., 3 Sess., No. 555 (1878) ; R. A. 
Alger, Spanish- American War (1901), 18, 374, 
466; H. Adams, Hist, of the U. S., 1809-1813 
(1890), II, 159-161, 401; L. C. Hatch, Ad- 
ministration of the Am. Revolutionary Army 
(1904), 1-3, 73; F. V. Greene, Revolutionary 
War and Military Policy of the U. S. (1911), 
288-296; W. Schouler, Massachusetts in the 
Civil War (1868), I, 15, 21, 667; W. M. 
Pratt, Tin Soldiers (1912); E. Upton, 
Military Policy of the U. S. (1907) ; W. Whit- 
ing, War Powers under the Constitution (43d 
ed., 1871), 67, 205, 479, 508, Militia Laws of 



440 



MILITIA, RESERVE— MILLIGAX CASE 



the V. S. and Massachusetts (1815), I, 20, 95, 
111-120, 125-136; U. S. War Department, Mil- 
itary Laws (1908), eh. xxxv, 1247-1260; An- 
nual Reports, 1899-1903; 1904, 10, 68, 106, 
282-290, 338-358, 487-493; 1908, I, 33-37, 
53, 148-155, 321, 322; 1910, I, 48, 52, 57, 
94, 107, 128, 132-135, 165, 660-668; 1912 I, 
24-27, 122, 147-153, 981; Regulations Govern- 
ing the Militia (1911), Official Records of the 
Civil War (1880-1901), Series I, III; U. S. 
Xavy Department, Annual Reports, 1910, 49, 
50, 468-471, Transactions of Naval Militia 
Assoc. (1909). C. G. Calkins. 



MILITIA, RESERVE. 

TIA. 



See Reseeve Mili- 



MILK SUPPLY. Regulation of.— Milk legis- 
lation is a part of public health regulation and 
usually administered through the health au- 
thorities, although dairymen and agricultur- 
ists often insist on being represented on boards 
or commissions to frame or administer laws 
regulating the milk supply. Rapid extension 
of such regulations has taken place since 1910, 
due particularly to the work of special milk 
committees in the larger cities which have 
worked out a basic and authoritative defini- 
tion of clean and safe milk. The Xational 
Commission on Milk Standards, appointed 
March, 1911, by the New York Milk Committee 
as a result of an important conference in Xew 
York, has adopted a uniform standard of scor- 
ing milk, which is being widely adopted a3 
follows : 

Class A — certified milk or its equivalent, 
that is, milk produced at dairies subject to 
periodical inspection and frequent analysis, 
from cows properly fed, watered and housed, 
subjected to a tuberculin test and physical ex- 
amination by a qualified veterinarian, and 
cared for by persons exercising scrupulous 
cleanliness and free from the germs of infec- 
tious disease. Such milk must not contain more 
than 10,000 bacteria per cubic centimeter, and 
must be delivered when not more than 28 hours 
old. 

Class B — inspected milk, namely clean, raw 
milk from healthy cows subject to tuberculin 
test and physical examination, from dairies 
that score not less than 70 per cent on govern- 
ment score card, handled by persons free from 
germs of infectious disease, delivered in steri- 
lized containers at temperature not exceeding 
50 degrees Fahrenheit until it reaches the con- 
sumer. It should contain less than 100,000 
bacteria per cubic centimeter. 

Class C — pasteurized milk which should con- 
tain less than one million bacteria per cubic 
centimeter and less than 50,000 after pasteuri- 
zation. 

Class D. — milk not suitable for drinking pur- 
poses, containing over one million bacteria per 
cubic centimeter and from farms scoring less 
than 40 per cent. This milk is allowed to be 



sold only for cooking or industrial purposes, 
after pasteurization or having been heated to 
a higher temperature. 

Regulations are usually enforced through 
local health authorities. Massachusetts has 
debated for several years the establishment of 
a state-wide milk commission, and the milk 
committees generally advocate state laws to 
bring about more adequate control, as the area 
from which the states draw their milk is very 
large, and municipal and county cooperation 
hard to secure. In New York a conference 
has been called of representatives appointed by 
governors of Xew England and the middle 
states to discuss constructive legislation look- 
ing to even greater uniformity than state con- 
trol. At least thirteen large cities of the Unit- 
ed States have been very active in strengthen- 
ing their control over the milk supply. 

See Health, Public, Regulation of; In- 
spection of Commodities; Pure Food. 

References: M. J. Rosenau, The Milk Ques- 
tion (1912) ; U. S. Treasury Dept., "Report of 
Commission on Milk Standards" as reprinted 
in Public Health Reports, 1912, Xo. 78; 
Massachusetts Milk Commissions Association, 
Brief (1912). Samuel McCune Lindsay. 

MILL-BOY OF THE SLASHES. A nickname 
bestowed upon Henry Clay by his followers 
for the purpose of arousing popular support 
for him since in his boyhood he was said to 
have tended a mill near his home in that re- 
gion of western Virginia known as "the Slash- 
es." See Clay, Henry. 0. C. H. 

MILLIGAN CASE. In 1864 Milligan was ar- 
rested at his home in Indiana by order of 
the military commander of the district of Indi- 
ana, charged with conspiracy against the Gov- 
ernment of the United States, and on trial by 
a military commission was sentenced to be 
hanged. On his application to a federal court 
the question was raised whether the military 
commission had authority to try him for the 
offense {Ex parte Milligan [1867], 4 Wall. 2). 
In the Supreme Court it was held that military 
courts may be provided for the trial and pun- 
ishment of offenses against the rules provided 
"for the government and regulation of the land 
and naval forces" (Const., Art. I, Sec. viii, 
If 14), and military law may be substituted 
for the civil authority on the theater of actual 
military operations where war really prevails 
and there is necessity for such substitution 
owing to the temporary overthrow of the civil 
authority; but that there can not be a substi- 
tution of the military for the civil authority 
within a state or district in which the opera- 
tion of the duly constituted courts has not 
been suspended, and that within such state 
or district there can not be a trial of a person 
not enrolled in the military or naval forces 
of the United States for a criminal offense 
otherwise than in a regularly constituted judi- 



441 



MILLIONS FOR DEFENSE, BUT NOT ONE CENT FOR TRIBUTE— MINERAL LAND 



cial tribunal in accordance with the constitu- 
tional guaranties provided for such cases. Four 
of the justices dissented on the ground that 
under the war power Congress might provide 
for the trial before military tribunals in time 
of invasion and insurrection of offenses against 
the United States within a state or district in 
which martial law has been declared and the 
writ of habeas corpus suspended. See Habeas 
Corpus. E. McC. 

MILLIONS FOR DEFENSE, BUT NOT ONE 
CENT FOR TRIBUTE. A statement popular- 
ly attributed to Charles C Pinckney (see), 
one of the three peace commissioners to France 
in 1797, in answer to the demands of the 
French agents (X Y Z) (see), for money as 
a price for receiving the American agents and 
settling the dispute. 0. C. H. 

MILLS, ROGER Q. Roger Q. Mills (1832- ) , 
a native of Kentucky but a life-long resi- 
dent of Texas, is notable principally as a 
student of the tariff and as a leader in legisla- 
tion upon that subject. He sat as a Democrat 
in the House of Representatives from 1873 to 
1892 and in the Senate from 1892 to 1899. 
In 1887-89 he was chairman of the ways and 
means committee, and in April, 1888, he re- 
ported from this committee the so-called "Mills 
Bill," providing for a sharp reduction of 
duties on sugar, woolens, glassware, and other 
commodities, the substitution in many in- 
stances of ad valorem for specific duties, and 
the placing of numerous hitherto dutiable 
articles, e. g., wool, hemp, flax, salt, and cer- 
tain kinds of lumber, upon the free list. July 
21 the bill was passed by the House. In the 
Senate, however, it was radically amended by 
the protectionist majority; and, the House re- 
fusing to concur in the amendments, the meas- 
ure failed of adoption. In consequence the tar- 
iff became the principal issue in the campaign 
of 1888. By reason, chiefly, of his adherence 
to the gold standard, Mills was. defeated, in 
1899, for reelection to his senatorial seat. See 
Democratic Party; Tariff Legislation; 
Texas. References: E. Stanwood, Am. Tariff 
Controversies (1903), II, 231-242; E. Mc- 
Pherson, Handbook of Politics (1890) ; Senate 
Reports, 50 Cong., 1 Sess., No. 2332 (1888). 

F. A. 0. 

MINE LEGISLATION FOR LABORERS. 

Under the Constitution the Federal Govern- 
ment has no jurisdiction over the mining in- 
dustry, so far as conditions of labor are con- 
cerned, except in the district of Alaska, the 
Philippines, and the Hawaiian Islands. The 
authority to enact legislation for the 
safety and welfare of mine employees is 
reserved to the respective states. Up to 
the present time most of the laws written 
upon the statute books had their inception 
in some mine disaster; and as disasters in- 



volving any considerable loss of life are more 
prevalent in coal mines than in other branches 
of the mining industry, legislation looking to 
the lessening of the hazards of the vocation 
has been largely confined to the coal-mining 
states. The Avondale disaster in the anthra- 
cite region of Pennsylvania, which occurred 
Sept. 6, 1869, was the inciting cause of the first 
coal-mine regulations act in the United States. 
The laborers in the metal mines, in the quar- 
rying industry, and in other lines of mining 
except coal, have had little attention from the 
law makers. The laws in the several coal- 
mining states lack uniformity, though in most 
cases they impose restrictions and penalties 
upon the mine operators and leave the mine em- 
ployee free to endanger his own life, and lives 
of his fellowworkmen, and the property of his 
employers. A crying need in this country is 
the securing of uniform laws in the mining 
states, which shall have as a prime object a 
military form of discipline in dealing with 
dangerous conditions, with adequate penalties 
for disobedience of rules whether those infrac- 
tions result in accidents or not. An Act 
of Congress approved May 16, 1910, es- 
tablished a federal Bureau of Mines in 
the Department of the Interior. One 
of the principal functions of this bureau is 
the study of explosives, and of mining methods 
generally, with the idea of recommending to 
the state governments and to mine operators 
precautions that will reduce the annual death 
toll in the mining industry. Unfortunately, 
the federal bureau can only recommend; it 
cannot enforce. See Labor Contracts; Labor 
Organizations ; Labor, Protection to ; Labor, 
Relation of the State to; Mines and Min- 
ing, Relation of Government to. References: 
Bureau of Mines, Annual Reports; references 
under Mines and Mining, Relation of Gov- 
ernment to. E. W. P. 

MINERAL LAND. Lands valuable for min- 
erals are subject to disposition under the 
Mining (lode) Act of 1866, and the Placer Act 
of 1870, as amended. Prior to these laws the 
lead, copper, and iron lands of the Middle West 
were leased and sold under special laws, while 
in the gold fields of California the Spanish 
and Mexican laws and miners' usage were em- 
ployed. The mining act confirmed the local 
customs or rules of the miners where not in- 
consistent with the federal laws. Mineral 
lands may be sold for lode claims at $5.00 an 
acre, or at $2.50 for placers. The right to 
follow the lode is granted where the claim 
includes the apex, otherwise the claim may ex- 
tend 1500 feet along the lode by 600 feet at 
right angles to the trend and following the dip 
of the lode downwards. Placer claims are 
limited to twenty acres for an individual 
or 160 for an association. Improvements to 
the value of $500.00 must be made prior to 
patent, and $100.00 must be expended an- 



442 



MINES AND MINING, RELATION OF GOVERNMENT TO 



nually on each claim between filing and patent. 
In 1894 the Placer Act was extended to oil 
lands, in 1897 to building-stone lands, in 1901 
to saline lands. The United States mining laws 
were extended to Alaska in 1900. See Con- 
servation; Mines and Mining, Relation of 
Government to; Public Lands and Public 
Land Policy. References: General Land Of- 
fice, United States Mining Laws ( 1909 ) ; Na- 
tional Conservation Commission, Report, 
1909, III, 413-16, 521-603; C. R. Van 
Hise, Conservation of Natural Resources 
(1910), 98-102. P. J. T. 

MINES AND MINING, RELATION OF GOV- 
ERNMENT TO. Between the two basic indus- 
tries upon which man depends for his exist- 
ence, agriculture and mining, there are three 
essential differences. (1) The products of 
agriculture are replenishable; the products of 
the mines once extracted can never be renewed. 
(2) The products of agriculture are, with few 
exceptions, destroyed in being utilized, where- 
as those of the mines and quarries (exclusive 
of the mineral fuels) are for the most part 
permanent additions to the wealth of the 
state. (3) The pursuits of agriculture (and 
to these may be added the chase and the fish- 
eries) were and may be carried on by man 
while yet in a state of barbarism; while min- 
ing and the utilization of the mineral pro- 
ducts, even in their crudest forms, mean some 
sort of civilization. The smith was given the 
high seat in the temple. 

Inasmuch as mineral deposits are not re- 
plenishable, it becomes the duty of those hav- 
ing jurisdiction over them, by ownership or 
by sovereignty, to develop and utilize them 
with a maximum of efficiency and economy and 
with a minimum of waste. From the earliest 
times governments have exercised special au- 
thority over minerals and their exploitation. 
So long as the native metals of gold, silver, 
and copper were the only ones sought for and 
used, chiefly as mediums of exchange and for 
ornaments, the deposits and the right to work 
them were claimed by the sovereign as God- 
given perquisites. In the United States, min- 
ing law is based on the common law and al- 
though some of the earlier colonial grants re- 
served to the Crown a part of any metals dis- 
covered, long before the Revolution owner- 
ship of the surface was recognized as carrying 
with it the ownership of minerals lying be- 
neath it. Nevertheless, Congress reserved from 
sale in 1807 the lead mines of Missouri, ac- 
quired through the Louisiana purchase, subject 
to lease. No leases were issued, however, un- 
til fifteen years later; and after a decade or 
more of trial the policy was abandoned. Regu- 
lations relating to areas and directions of min- 
ing claims were the outgrowth of local customs 
and conditions, the miners of a certain district 
usually getting together, establishing the 
boundaries of the "mining district," prescribing 



rules for their own government, water rights, 
etc., and providing penalties for their infrac- 
tion. Hence the earliest comers in a district, 
perhaps a handful, might fix the laws and lim- 
its of a new district. Lack of uniformity in 
customs and carelessly kept records have been 
serious faults in this method. 

In placer mining, claims were limited ac- 
cording to the character of the deposit; and 
such descriptive terms as "gulch," "creek," 
"bar," or "flat," were applied to the "dig- 
gings." In "deep," "lode," or "quartz" min- 
ing the German mining code, as distinguished 
from the Latin or Roman, took hold. The 
former gives the locator a certain length on 
the strike of the ore body and the right to fol- 
low it on the dip to any depth, whether ex- 
tending under adjoining property, or not. The 
Roman code defines mining claims by vertical 
lines and is the one in practice in Mexico. 
The former has become incorporated in the 
federal statutes as the "extra-lateral," or 
"apex," law, and has been the incentive to 
more litigation, annoyance, and dissatisfac- 
tion to the mining industry than any other 
one cause. 

Acts of Congress passed in 1846 and 1847 
established the policy of disposing of mineral 
lands by sale, but they were largely inoperative 
and were substantially repealed by an act of 
1850, ,and not till sixteen years later did 
Congress attempt any definite legislation in 
regard to mineral lands. The act of 1866 re- 
served from sale all lands valuable for min- 
erals "except as otherwise expressly provided 
by law." It covered only mines of gold, sil- 
ver, copper, and cinnabar, and was defective 
in other particulars. By the act of July 9, 
1870, its provisions were made to apply also 
to placer claims. The act of May 10, 1872, 
declared that: 

All valuable mineral deposits in lands belonging 
to the United States ... to be free and open 
to exploration and purchase, . . . and according 
to the local customs or rules of miners in the 
several mining districts, so far as the same are 
applicable and not inconsistent with the laws of 
the United States. 

In this manner a part of the local customs 
and regulations were written into the statute 
law. The act of 1872, however, provided for a 
uniform size for mining claims on veins and 
lodes of gold, silver, copper, lead, tin, cinna- 
bar, or other valuable deposits, and overruled 
the local customs in this particular. No defin- 
itions of vein and lode were given, and 
they have never been legally defined. Subse- 
quent acts of Congress have amended and ex- 
tended a number of the provisions of the act 
of 1872. 

In 1884 the mining laws were extended to 
cover the district of Alaska, and in 1897 au- 
thorization was given to enter and patent lands 
containing petroleum and other mineral oils. 

Congress first took cognizance of the coal 
deposits on the public domain in 1873, the 



77 



443 



MINES AND MINING, RELATION OF GOVERNMENT TO 




Areas containing Areas that may Areas probably contain 

workable coal contain workable ing workable coal beds 

beds. coal beds. under sveh heavy 

as not to be availdb'le-at 
.u PovCtESWGff''<; Co., n.y. -present'. 



Areas that may Areas probably contain- 

contain workable ing workable coal beds 

coal beds. under such heavy cover 

as not to be availabl&at 

present. 



Distribution of the Principal Economic Minerals in the United States 



act of March 3, of that year, providing for the 
entry and purchase of coal lands in areas not 
exceeding 160 acres for an individual, or 320 
acres for an association. The coal-land laws 
were extended to the district of Alaska by the 
acts of June 6, 1900, and April 28, 1904, but 



have not been adapted to the development of 
the resources of the territory. 

The acts of Congress which have done most 
for the mining industry are: (1) March 3, 
1879, establishing the United States Geological 
Survey as a bureau in the Department of the 
444 



MIXES, BUREAU OF— MINIMUM WAGE 



Interior; (2) May 16, 1910, establishing 
(also tinder the Department of the Interior) 
a federal Bureau of Mines. The Geological 
Survey is charged with the classification of 
the public lands, an examination of the geo- 
logical structure, mineral resources, and pro- 
ducts of the national domain, and, by appropri- 
ations made therefor, the study of the surface 
and underground water supplies. The Bureau 
of Mines is charged with the investigation of 
the methods of mining, especially in relation to 
the safety of miners, and the appliances best 
adapted to prevent accidents, the possible im- 
provements of conditions under which mining 
operations are carried on, the treatment of 
ores and other mineral substances, the use 
of explosives, and electricity, the prevention 
of accidents, and other inquiries and techno- 
logic investigations pertinent to said indus- 
tries. The proceeds of mining lands under the 
reclamation act of June 17, 1902, are set apart 
for the reclaiming of arid lands. 

In recent years much attention has been giv- 
en to the necessity for more stringent inter- 
pretation of the mineral laws and for the con- 
servation of the mineral and other natural 
resources. The conservation movement bids 
fair to eventuate in a marked modification in 
the mining laws and to provide for a leasing 
system, particularly of the coal, oil, and gas, 
lands. The following states and territories 
have enacted laws relative to the location and 
development of mining claims, namely, Ariz- 
ona, Arkansas, California, Colorado, Idaho, 
Montana, Xevada, New Mexico, Xorth Dakota, 
Oregon, South Dakota, Utah, Washington, and 
Wyoming. Otherwise the relation of the sev- 
eral states to the mining industry is expressed 
chiefly in laws providing for the health and 
safety of mine employees. 

See Conservation; Mine Legislation for 
Laborers. 

References: Treatise on the Law Relating 
to Mines (1853) ; J. D. Whitney, Metallic 
Wealth of the United States (1853) ; J. A. 
Rockwell, Compilation of Spanish and Mex- 
ican Law in Relation to Mines, etc. (1851) ; 
Gregory Yale, Legal Titles to Mining Claims 
and Water Rights in California (1867) ; U. S. 
Commissioner of Mining Statistics, Reports 
(1867-76); U. S. Geological Survey, Publica- 
tions (1886) ; "Mineral Resources of the 
L^nited States" in ibid, Thirty-Second Annual 
Report of the Director, 1911 ; Director of 
the U. S. Mint, Reports (annual) ; G. A. 
Blanchard and E. P. Weeks, Law of Mines, 
Minerals, and Mining Water Rights (1877) ; 
H. N. Copp, V. S. Mining Decisions (1874) 
U. S. Mineral Lands (1881), Land Owner 
(monthly periodical) ; U. S. Public Lands 
Commission, Report, 1880; A. S. Hewitt, 
"A Century of Mining and Metallurgy in the 
United States" in Am. Inst, of Mining Engi- 
neers, Transactions, V (1877); C. H. Lindley, 
Treatise on American Law Relating to Mines 



and Mineral Lands (2d ed., 1903); C. H. 
Shaniel, Mining, Mineral, and Geological Law 
(1907); U. S. Bureau of Mines, Reports; 
U. S. Reclamation Servicee, Reports, Am. Year 
Booh, 1910, 501, 512, and year by year. 

Edward W. Parker. 

MINES, BUREAU OF. The Bureau of Mines 
was created as a part of the Department of 
the Interior {see) by act of Congress ap- 
proved May 16, and effective July 1, 1910. 
The chief purpose of the Bureau is to carry 
on inquiries and investigations with a view 
to lessening loss of life and waste of resources 
in mining and metallurgical operations. It 
is to make investigation of the methods of 
mining, especially in relation to the safety of 
miners, the appliances best adapted to the pre- 
vention of mine accidents, the improvement of 
mining conditions, the treatment of ores and 
other mineral substances, and the use of 
explosives and electricity in mining, and other 
inquiries and technological investigations per- 
taining to mining, metallurgical and quarry 
industries. The Bureau of Mines does not 
exercise any authority in connection with the 
inspection or supervision of mines and met- 
allurgical plants in any state. The act of 1910 
also transferred to the new Bureau of Mines 
the personnel and equipment of the technologic 
branch of the Geological Survey {see), which 
had been developed during the preceding five 
years in connection with the investigation of 
fuels and mine accidents. 

The chief experimental station is located 
at Pittsburgh, Pennsylvania, where the work 
in the laboratories is supplemented by experi- 
ments conducted in a small coal mine under 
the conditions of actual mining. As a means 
of carrying on an educational campaign in 
behalf of mine rescue and first aid to the 
injured work, the Bureau of Mines in 1911 
purchased and equipped with rescue apparatus, 
first aid and fire-fighting devices, seven cars 
of standard Pullman size each completely 
fitted with modern appliances. These cars, one 
stationed in each of the important coal fields 
or coal mining regions of the country, are 
intended to visit all the important groups of 
coal mines and give demonstrations and illus- 
trations of this work. See Mines and Mining, 
Relation of Government to; Mineral Land. 
References: Department of the Interior, 
Annual Reports; Geological Survey, Annual 
Reports. A. N. H. 

MINIMUM TARIFF. See Tariff, Maxi- 
mum and Minimum. 

MINIMUM WAGE. Laws or trade agree- 
ments providing for a minimum wage prohibit 
paying any man less than the established scale. 
Higher wages may be, and frequently are, paid 
to the more efficient or more highly skilled. 
See Fair Wage; Labor and Wages; Wages, 



445 



MINISTER PLENIPOTENTIARY— MINISTERS, DIPLOMATIC FUNCTIONS OF 



Regulation of. Reference: F. T. Carlton, Hist, 
and Problems of Organized Labor (1911), 118- 
121. J. R. C. 

MINISTER PLENIPOTENTIARY. A title 
regularly added to that of envoy extraordi- 
nary in naming diplomatic agent3 next below 
the grade of ambassador. See Diplomatic 
Service of the United States; Envoy Ex- 
traokdinary. g. g. w. 

MINISTER RESIDENT. See Diplomacy 

and Diplomatic Usage. 

MINISTERS AND MINISTERIAL RESPON- 
SIBILITY. This article confines itself to an 
indication of the extent to which the prin- 
ciple of ministerial responsibility exists on the 
continent of Europe, and to a brief discussion 
of the working of the principle. The system of 
responsible government — that is, of government 
by a ministry responsible to and in harmony 
with the more popular branch of the legisla- 
ture — had its origin in England and spread 
from .thence to the continent of Europe and 
to the self-governing British colonies. In 
western Europe the principle of ministerial 
responsibility has been adopted by France, Bel- 
gium, the Netherlands, Spain, Austria, Hun- 
gary, and Italy. The parliamentary system 
has been adopted in Norway, but the principle, 
while in part accepted in Denmark and Sweden, 
has not been fully recognized. In Switzerland 
the principle does not prevail. Within recent 
years there has been a movement in Germany 
looking toward the political responsibility of 
the imperial chancellor to the Reichstag, but 
such a movement is not likely to be successful 
unless it were possible first to introduce the 
principle of ministerial responsibility in Prus- 
sia. In Russia, upon the establishment of the 
Duma there was a movement in favor of the 
principle that the ministers should be respon- 
sible to that body, but such parliamentary in- 
stitutions as exist in Russia today continue 
only by the sufferance of the Crown, and there 
is no immediate prospect of a sound parlia- 
mentary life or of ministerial responsibility 
to a parliamentary body. 

The system of ministerial responsibility does 
not operate so well on the continent of Europe 
as in England. This is due in great part to 
the fact that the system is a borrowed one, 
which it is attempted to apply to conditions 
different from those in England. In France, 
for example, the elected Senate claims a much 
larger share in the political control of the. 
cabinet than does the hereditary House of 
Lords in England, and this fact introduces a 
disturbing element into the parliamentary life. 

But the most important respect in which 
parliamentary institutions on the continent 
differ from those in England, is that in Eng- 
land there exists what is practically a two- 
party system. If a ministry, composed as it 



is of the leaders of one party, should lose the 
confidence of the House of Commons, the lead- 
ers of the other party naturally and neces- 
sarily constitute the new ministry. In France, 
Italy, and Austria, on the other hand, there 
are a number of political organizations, which 
may unite for certain purposes, but whose 
unions lack the solidarity of a single political 
organization. With numerous small party 
groups, rather than with two strongly organ- 
ized and opposing parties, a ministry must 
necessarily rely for its support upon a coali- 
tion of parties, and is apt to fall if any one 
of the parties should desert the coalition, un- 
less the head of the ministry can immediately 
bring about another combination of party 
groups which will support him. This absence 
of a cohesive party organization leads to two 
results in a number of the countries on the 
continent which have adopted the parliamen- 
tary system: (1) an instability and frequent 
change of ministries; (2) a greater power on 
the part of the rulers in the choice of min- 
isters, and in the shaping of party coalitions. 

See Cabinet Government; Legislative 
System in Europe. 

References: J. W. Burgess, Pol. Sci. and 
Comparative Constitutional Law (1891), II, 
313. W. F. Dodd. 

MINISTERS OF THE UNITED STATES, 
DIPLOMATIC FUNCTIONS OF. The status of 
a minister of the United States accredited to 
a foreign country depends upon three factors: 
the statutes of the United States bearing upon 
the diplomatic service; the instructions of 
the State Department; and the generally ac- 
cepted principles of diplomatic intercourse. 
A minister has many non-diplomatic functions, 
such as issuing passports; certifying to the 
status of Americans; carrying on correspond- 
ence with his home government; forwarding 
complaints against the government to which he 
is accredited. His diplomatic functions concern 
his relations as the spokesman of his govern- 
ment and a medium of communication from 
foreign governments. He must, in that ca- 
pacity, act as the representative of American 
citizens. He must present dispatches and 
make communications as directed by his gov- 
ernment and may present them or parts of 
them as part of his general communications. 
If specially instructed so to do he may negoti- 
ate treaties, subject to the later approval or 
disapproval of the President. As the direct 
representative of his government, he is en- 
titled to personal immunity, and also to ex- 
traterritoriality (see) for his premises and 
his suite. See Ambassador; Diplomacy and 
Diplomatic Usage; Diplomatic Service of 
the United States; Legations; Negotiation 
of Treaties by the United States. Refer- 
ences: J. W. Foster, Practice of Diplomacy 
( 1906 ) ; J. B. Moore, Digest of Int. Law ( 1906 ) , 
§§ 624-683. A. B. H. 



446 



MINNESOTA 



MINNESOTA 



Constitution. — Minnesota having been organ- 
ized as a territory in 1849, was admitted with 
its present boundaries, into the Union in 1858. 
It has had but one constitution, formulated 
and adopted under peculiar circumstances. 
The members of the constitutional convention 
were so evenly divided between the Democratic 
and Eepublican parties that control over the 
convention seemed likely to turn upon the 
outcome of a contest involving five seats. Both 
parties attempted to seize the preliminary or- 
ganization. The result was two conventions, 
each claiming regularity. They finally agreed 
informally to submit identical constitutions to 
the people. The constitution thus submitted 
was adopted by practically unanimous vote. 
It was largely copied from the Ohio constitu- 
tion of 1851. The general plan, many import- 
ant details, and even the phraseology of num- 
erous sections follow closely the model em- 
ployed. 

Constitutional Amendments. — Down to 1898 
the constitution was frequently amended, 
especially by the adoption of new sections lim- 
iting the power of the legislature over taxation 
and the handling of the state funds. Other 
important amendments put into the constitu- 
tion provisions which give the governor the 
right to veto separate items in appropriation 
bills (1876), forbid special legislation (1892), 
provide a method by which cities may adopt 
home-rule charters (1892), and give to women 
the right to vote for school and library of- 
fices (1898). In 1898 the amending clause of 
the constitution was altered so as to require 
a majority of all those voting at the election, 
instead of those voting upon the proposition, 
for the adoption of constitutional amendments. 
As amendments can be submitted only at the 
general elections, many voters fail to vote 
upon any proposal for constitutional amend- 
ments and thus in effect vote against all that 
are offered. In consequence, only two import- 
ant amendments have since been adopted; in 
1908 a "wide-open" tax amendment removed 
from the constitution all restrictions upon the 
taxing power of the government, except that 
the right to tax cannot be contracted away, 
that all taxes upon the same class of property 
must be uniform, and that the gross earnings 
tax upon railroads cannot be altered without 
the express consent of the voters. The amend- 
ment of 1898 impressed upon the text of the 
constitution an exceptionally unalterable char- 
acter. In operation, legislative inaction and 
judicial construction have imparted some flexi- 
bility. Eigidity, nevertheless, is its distin- 
guishing quality. 

State Government. — The executive branch 
consists of a governor, lieutenant-governor, and 



447 



various administrative officials, elected by the 
people, generally for terms of two years. Ex- 
ecutive authority is diffused; the governor has 
the power to make appointments, especially to 
numerous administrative boards, has eoc-officio 
membership upon some of these boards, and 
the power to remove from office a large num- 
ber of state and local officials. The elected 
executive officials appoint their own subordi- 
nates and are subject to no control by the gov- 
ernor except removal for malfeasance. An im- 
portant and distinctive feature of the admin- 
istrative system is the concentration of the 
management and control over the state's char- 
itable, penal, and correctional institutions in 
the hands of a board of three salaried mem- 
bers, appointed by the governor, who devote 
their entire time to this work {see Commis- 
sions in Amekican Government) . 

The legislature consists of a senate, elected 
for four years, and a house of representatives, 
elected for two years. According to the con- 
stitution, the senators should be divided into 
two classes, one class retiring each biennium, 
and representation in both houses should be 
"apportioned equally throughout the different 
sections of the state." In practice, however, 
both requirements have been much disregard- 
ed. From 1897 to 1913 there was no re- 
apportionment. Originally somewhat un- 
equal, the apportionment of 1897 soon brought 
about an extensive over-representation of the 
southern part of the state, owing to the rapid 
growth in population of the twin cities and 
of the northern section of the state. One 
district had a senator for a little over 12,000, 
another, only one for nearly 60,000. The 
present apportionment, made in 1913, is much 
more nearly equal, but the twin cities and the 
northern section are still considerably under- 
represented. The state is divided for legis- 
lative purposes into sixty-seven senatorial dis- 
tricts. Each district elects one senator and 
from one to four representatives. The sena- 
torial districts which are entitled to elect 
more than one representative are in some in- 
stances subdivided into representative dis- 
tricts, each of which elects one member; in 
other instances the entire delegation is elected 
on a general ticket. 

The legislature holds biennial sessions, lim- 
ited to ninety days. Each house has a large 
number of standing committees; a few are 
important for they ordinarily determine the 
fate of nearly all bills and put into shape 
those which are passed. A recent change in 
the rules (1911), requiring that reports must 
be made upon all bills within a limited time, 
that votes in committees must be by roll call 
and must be a matter of public record, seemg 



MINNESOTA 



likely, if maintained, to reduce the control of 
the powerful committees over legislation. The 
most notable departure from the common prac- 
tice of American state legislatures is in the 
making of appropriations. Each house refers 
all proposals for appropriations to one of its 
committees. A joint committee, drawn from 
these two, prepares either a general appropria- 
tion bill or a small number of such bills, so 
drawn as to include practically all appropria- 
tions. Amendments can be offered in either 
house, but in practice very few alterations are 
made. Power and responsibility, but subject 
to effective control, are thus centered in a few 



party tickets, but with a provision for inde- 
pendent candidacies by petition. Through 
amendments in 1912 and 1913 the system was 
thoroughly revised. The nominations to be 
made are now divided into two classes, par- 
tisan and nonpartisan. The partisan class 
includes only United States Senators, con- 
gressmen, and state officers. For these nomi- 
nations the Wisconsin second choice system 
of voting is used. Members of the legisla- 
ture, judges, and all county officers are in the 
nonpartisan class. For these offices the names 
of the two candidates receiving the highest 
vote at the primary are placed upon ballot 




Boundaries of the State of Minnesota, Showing Territorial Changes 



hands. This practice, in conjunction with the 
power of the governor to veto separate items, 
provides a method of handling the problem of 
state expenditures which is closely akin to 
the much praised budget system of various 
European governments. 

General elections involving national, state, 
county, and in some places city, offices occur in 
November of the even numbered years. All 
of the candidates voted for at these elections 
are nominated by means of a primary 
election (see Primary, Direct), held during 
the preceding June. This practice dates 
from 1902, Minnesota having been the first 
state to enact a compulsory primary election 
law applicable to the whole state. The sys- 
tem was first tested in a single county (Henne- 
pin) in 1900 and then immediately extended to 
the entire state. In its original form the 
Minnesota primary system did not include 
state offices; selections were made by plurality 
vote; and all nominations were made upon 



at the general election. There is also pro- 
vision for a presidential preference primary 
in March of presidential election year. 

About two-thirds of the voters participate in 
primary elections; in the cities the percentage 
frequently runs as high as ninety per cent. 
Public opinion in the state, while not unani- 
mous, is overwhelmingly in favor of the sys- 
tem. By the payment of a small fee any per- 
son qualified for an office can have his name 
placed upon the primary ballot. To vote the 
partisan list, the voter is required to declare his 
party affiliation and may be challenged for an 
attempt to participate in the choice of nomi- 
nees of a party which he did not "generally" 
support at the preceding election. In prac- 
tice, however, such challenges are rarely made. 
Voters can thus freely choose the party with 
which they prefer to act in the matter of 
nominations. In most localities, if one party 
has a decided ascendancy, nearly all the voters 
act with that party at the primary. This 



448 



MINORITIES IN LEGISLATIVE BODIES— MINORITIES, RIGHTS OF 



practice seems not to deter but rather to pro- 
mote independent voting at the general elec- 
tion. 

The courts of the state are of three grades; 
justices of the peace or special municipal 
courts for towns and cities, nineteen district 
courts holding terms in each county, and a 
supreme court of five members. There is also 
a probate court in each county. All the judges 
are elected for terms of from two to six years. 

Local Government. — The most important 
subdivisions of the state are the counties and 
towns, the latter usually corresponding to the 
congressional townships. Where the popula- 
tion is sufficient and the voters so desire, a mu- 
nicipal form of government replaces that of 
the town. Control over county affairs and the 
performance of many duties in behalf of the 
state are entrusted to boards of county com- 
missioners, elected for four years, and to num- 
erous elected county officials. All are coordi- 
nate authorities. Responsibility is not easily 
located. Removal from office is possible only 
for gross dereliction. The towns are governed 
by an annual town meeting, consisting of all 
qualified voters, and various officials elected 
at these meetings. The most important are 
three supervisors who act as an administrative 
board. The constitution of the state permits 
cities to adopt locally framed home rule char- 
ters, and about forty-five cities now have such 
charters. Six of these charters, including 
those of Saint Paul and Duluth, are upon the 
commission plan. A commission government 
charter was rejected by Minneapolis in 1913. 

Minnesota is notable for having practically 
no state debt and for the possession of a large 
amount of carefully invested funds. These 
amount (1913) to over $28,000,000, the larg- 
est of any state except Texas, and are increas- 
ing at the rate of over a million per annum. 
They belong chiefly to the school, university, 
and swamp land funds. The possession of 
these funds enables the state to engage on a 
large scale in the policy of cooperating with 
its local communities in various enterprises of 
both state and local interest, especially educa- 
tion. This is done by purchasing the bonds 
issued for certain purposes by localities and 
by granting subventions conditioned on a cer- 
tain amount of local expenditure. As the en- 
terprises are subject to strict state supervision 
the policy, especially in education where it 
has been longest employed, has produced very 
satisfactory results. The educational system 
is notable for the close correlation of its parts, 
absence of duplication, and a form of effective 
state supervision which, nevertheless, leaves 
local communities a large degree of independ- 
ence in educational matters. 

Parties. — Politically Minnesota has been 
Republican with pronounced independent ten- 
dencies which in the election of 1912 gave the 
12 electoral votes of the state to the Progres- 



sive candidate. From 1860 to 1898 the Re- 
publican party controlled all branches of the 
state government, except the legislature of 
1891 and for a few years the supreme court. 
Since 1898 the general Republican ascendancy 
has continued, even with increased majorities, 
but the Democratic candidates for governor 
have won four out of eight elections. Those 
of 1904 and 1906 were remarkable instances 
of independent voting. In 1904 the Republican 
candidate for President received 216,651 out 
of 292,860 votes, yet the Democratic candidate 
for governor won by a plurality of nearly 
8,000. 

Population.— In 1910 the state had 2,075,708 
inhabitants. An unusually large percentage is 
of foreign birth or parentage, approximately 
seventy per cent in 1910. 

References: E. D. Neill, Hist, of Minnesota 
(1858); W. W. Folwell, Minnesota (1908); 
F. L. McVey, Gov. of Minnesota (2 ed., 1908). 
Minnesota Historical Soc, Collections (1872- 
1908 ) ; F. N. Thorpe, Federal and State Con- 
stitutions (1909), IV, 1981-2024, Legislative 
Manual (1867-1913); J. C. Young, Gov. of 
People of Minn. (1906). 

Fbank Maloy Anderson. 

MINORITIES IN LEGISLATIVE BODIES. 

See Committee System; Congress; Rules of 
Congress; Rules of Legislative Bodies. 

MINORITIES, RIGHTS OF. That the indi- 
vidual possesses rights which cannot be abro- 
gated by monarchs, no matter how absolute, or 
by majorities, no matter how great, was a 
part of the doctrine of natural rights as gen- 
erally accepted by the founders of American 
government. According to Blackstone, "The 
principal aim of society is to protect individ- 
uals in the enjoyment of those absolute rights 
which are vested in them by the immutable 
laws of nature." This doctrine was elaborated 
by Madison in the tenth number of the Fed- 
eralist in which he contended that the pro- 
tection of the faculties "from which the rights 
of property originate" was "the first object of 
government." Madison further remarked that 
to secure the public good and private rights 
against the dangers of majority factions "and 
at the same time preserve the spirit and the 
form of popular government, is then the great 
object to which our inquiries are directed." 
The rights of minorities have been the object 
of no little solicitude on the part of the fram- 
ers of American systems of government since 
the establishment of independence; and as 
Judge Cooley remarks : "All the safeguards 
which under kingly government were ever in- 
terposed against the tyrannical powers of rul- 
ers, are incorporated in the bills of rights (see) 
of American constitutions as absolute limita- 
tions laid on the power of the majority for 
the protection of the liberty, property, privi- 
leges and immunities of the minority and of 



449 



MINORITY REPORT— MINORITY REPRESENTATION 



every individual citizen." The minority rights 
thus established have been secured against at- 
tacks from simple majorities by making the 
constitutions difficult to amend and by en- 
trusting to the judiciary the delicate task of 
defending constitutional principles against the 
acts of legislatures calculated to infringe them. 
How far eighteenth century publicists and con- 
stitution-makers considered the judiciary as 
the special bulwark for the rights of minorities 
against legislative majorities is a matter of 
some controversy ; but certain it is that Hamil- 
ton took this view of the judiciary and re- 
garded this as one of the specially commend- 
able features of the Federal Constitution 
(Federalist, No. 78). In the course of time, 
as the suffrage was extended and the sway of 
majorities became more marked, reliance on 
the judiciary, state and national, as the safe- 
guard for the rights of minorities, became 
more common. The development of confidence 
in the judiciary is evident in the debates in 
state constitutional conventions. Whatever 
be the theory of majority rule now obtaining 
in the United States to-day, it remains a fact 
that rights of person and property of indi- 
viduals are secure against legislative and popu- 
lar majorities. As President A. T. Hadley re- 
marks: "The general status of the property- 
owner under the law cannot be changed by the 
action of the legislature, or the executive, or 
the people of the state voting at the polls, or 
all three put together. It cannot be changed 
without either a consensus of opinion among 
the judges which should lead them to retrace 
their old views, or an amendment of the Con- 
stitution of the United States by the slow and 
cumbersome machinery provided for that pur- 
pose, or, last — and I hope most improbable — a 
revolution." See Bills of Rights; Due Pro- 
cess of Law; Liberty; Majorities, Theory 
of. References: The Federalist, No. 10; J. A. 
Smith, Spirit of Am. Government (1907) ; C. 
A. Beard, Am. Government and Politics (1910), 
ch. viii. C. A. B. 

MINORITY REPORT. The minority of a 
legislative committee are said to make a re- 
port, since their views are filed and printed 
at the time that the committee makes its re- 
port. According to the rules this statement of 
views may not include any testimony or other 
matter not in the nature of argument. Man- 
agers of a conference are not allowed to make 
any minority report, as the report of a con- 
ference {see Conference Committee), being in 
the nature of a compromise, and presumably 
in final form, must be accepted, rejected or 
recommitted, but not amended. Since the re- 
ports of both the majority and the minority 
of a committee are printed and discussed, any 
privileges that may be granted are given to 
the subject, not to the report of the majority. 
See Committee System; Reports of Com- 
mittees; Rules of Congress. R. L. A. 



MINORITY REPRESENTATION. Members 
of the house of representatives of the Illinois 
general assembly are chosen under what is 
styled the minority representation system. To 
some extent this system has been used in Brit- 
ish elections. Illinois is the only state in this 
country to give the plan an extensive trial — 
lasting over forty years. Public opinion in 
the state has long called for its abolition, but 
so difficult is the process of amending the con- 
stitution that the efforts in this direction have 
been unavailing. The plan was put into the 
constitution by the constitutional convention 
of 1870. The hope was that the character of 
the legislature would be improved by enabling 
the voters to cumulate upon the best candi- 
dates. The practical effect of the operation 
of the system has been precisely the opposite. 
Illinois is divided into 51 legislative districts, 
each district electing one member of the state 
senate and three members of the house of rep- 
resentatives. The cumulative system of voting 
applies to the selection of members of the 
house of representatives. 

An elector may cast three votes for one 
candidate, one and one-half votes each for two 
candidates, two votes for one candidate and 
one for another, or one vote each for three 
candidates. It evidently was the expectation 
of the backers of the plan that the two great 
parties would each continue to nominate three 
candidates for representative in each district. 
Had this expectation been realized, the opera- 
tion of the plan would have been more bene- 
ficial to the public than it has actually proved 
to be in practice. After a very few elections 
under this system, the party leaders learned 
the folly, from the selfish politician's point of 
view, of nominating candidates for certain de- 
feat. Instead of nominating three candidates 
for representative, therefore, each party would 
nominate only two candidates in the majority 
of districts. This meant that there would be 
only four major party nominees for the three 
positions to be filled. This meant, further, 
that all the nominees, except one, were prac- 
tically certain of election, for under the Ameri- 
can party system, with the party ticket that 
is voted by a single cross in the circle at the 
top of the party column, it is very difficult to 
bring about the election of independent nomi- 
nees. Moreover, in districts predominantly Re- 
publican, the Republican party would make 
two nominations, and the Democratic party 
but one. In Democratic districts, this ar- 
rangement would be reversed. This meant that 
the voter woud have no choice whatever on 
election day. All three major party nomi- 
nees — two of one party and one of another — 
were certain of election, barring the unusual 
contingency of the success of an independent or 
minor party nominee. 

It is well known that the power of political 
bosses and of special interests is greater in 
making nominations than in controlling elec- 



450 



MINT OF THE UNITED STATES— MIRANDA PROJECT 



tions, where the voters are afforded a> real 
choice at elections. As it has developed in 
pratice in Illinois, the minority representation 
system means that a party nomination for 
representative is equivalent to an election, 
except that in districts where there are two 
nominees of each party, one of the four nomi- 
nees must suffer defeat. It has been very 
difficult, therefore, for even an aroused public 
sentiment to produce much effect on a body 
chosen in this manner. 

A few years ago, as the result of general 
public dissatisfaction with both branches 
of the legislature, a movement was started to 
bring about improvement. A revolution has 
been wrought in the control of the senate, 
the members of which are not chosen by the 
minority representation system. The old gang 
has been forced to surrender the power to a 
group of progressive and public spirited 
senators. The house of representatives has 
been improved but little. In 1909 the house 
was organized by a bipartisan combination of 
Republicans and Democrats. Late in the same 
session William Lorimer, whose election has 
since been invalidated, was elected United 
States Senator by this same bipartisan com- 
bination. Disinterested and intelligent public 
opinion in Illinois is substantially in agree- 
ment in the view that the system of minority 
representation should be done away with. 
Governor Deneen, in official messages, has 
strongly urged the amendment of the constitu- 
tion to this end. 

When the Sanitary District of Chicago 
was created by act of the legislature in 1889, 
provision was made for a board of nine trus- 
tees, to be chosen under the plan of minority 
representation, but without cumulative vot- 
ing. Each elector was allowed to vote for 
five of the nine trustees to be chosen. 
Here, as in the case of election of 
representatives, the plan did not work for the 
best interest of good government, and, a few 
years ago, the legislature was induced to do 
away with the minority representation system 
of electing trustees. 

See Proportional Representation. 

References: J. R. Commons, Proportional 
Representation ( 1906 ) ; R. E. Curtis, "Pro- 
portional Representation" in Wisconsin 
Library Commission, Comparative Leg- 
islation Bulletin, No. 14 (1908) ; B. F. Moore, 
Hist, of Cumulative Voting in Illinois (1910) ; 
J. W. Garner, 'Intro, to Pol. Sci. (1910), 458- 
474. George C. Sikes. 

MINT OF THE UNITED STATES. The 
four Federal mints in operation are in New 
Orleans, Philadelphia, San Francisco, and Den- 
ver; that in Philadelphia was the first estab- 
lished (1793). Mints have also been in opera- 
tion, but are now discontinued, at Charlotte 
(1838-1861), Dahlonega (1838-1861), and 
Carson City (1870-1893). Each mint is in 



charge of a superintendent responsible to the 
Treasury Department and includes a melter 
and refiner's department, a coiner's department, 
and an assayer's department (see Assay 
Offices ) . Not only do the mints undertake 
coinage, but they convert for private individ- 
uals gold and silver bullion into fine bars with 
the weight and fineness stamped thereon. 
They also part and refine bullion. 

The total coinage in 1910 was $54,215,000, 
of which gold was $47,579,000; silver, $4,298,- 
000; and minor coin, $2,339,000. The coinage 
was distributed between the several mints as 
follows: San Francisco, $25,215,000; Denver, 
$23,352,000; and Philadelphia, $5,648,000. The 
bulk of the minor and subsidiary silver was 
done at the latter mint. The total value of 
the bars was, for gold, $91,187,000, and for 
silver, $5,418,000. The larger part of this 
manufacturing process was for gold, carried on 
at New York, $54,869,000, and at. Seattle, 
$12,093,000. 

As the coinage of silver dollars was dis- 
continued in 1905 and the issue of gold certifi- 
cates was authorized against bullion in 1911, 
not so much coinage will be required in the 
future, and it is probable that the operations 
of this service will be contracted. The mints 
are more than self-sustaining. In 1910 their 
earnings were $4,870,000 against expenditures 
of $1,463,000. This surplus was largely due to 
the seigniorage on minor and subsidiary coins. 

See Coinage and Specie Currency in the 
United States; Gold Certificates; Seig- 
norage; Silver Coinage Controversy. 

References: U. S. Director of the Mint, 
Annual Reports-, D. R. Dewey, Financial Hist, 
of the U. S. (3d ed., 1907), 103, 104, 495; 
A. Hamilton, "Report on the Mint" in Am. 
State Papers, Finance, I, 97-107 ; U. S. Treas- 
ury Department, Regulations in Relation to 
the Transaction of Business at the Mints and 
Assay Offices of the U. S. (1908). 

Davis R. Dewey. 

MIRANDA PROJECT. Francisco Miranda, 
of Caracas, Venezuela, influenced by the Ameri- 
can Revolution to seek aid to free his country 
from Spain, visited London in 1790 and again 
in 1798, at the suggestion of Spanish-American 
revolutionists, to consult Pitt regarding plans 
for independence. His project was to secure 
Anglo-American cooperation in a military 
expedition by offering money and commercial 
advantages to England and by the offer of Flor- 
ida to the United States. Although he ob-, 
tained Pitt's support and the active sympathy 
of Rufus King, Hamilton and Pickering, he 
was unable to draw Adams into the scheme to 
furnish land forces to cooperate with the Brit- 
ish fleet. See Filibusters to aid Insurrec- 
tions; Latin America; Spain, Diplomatic 
Relations with. References: Am. Hist. Rev. 
VI (1901), 510, VII (1902), 711-15, X (1905), 
249 et seq., 276; J. M. Callahan, Cuba (1899), 



451 



MISDEMEANOR— MISSISSIPPI 



69-73; A. Hamilton, Works (1851), V, 283, 
V. 238-9. J. M. C. 

MISDEMEANOR. In criminal law, a crime 
of less serious character than a felony. See 
Felony; Law, Criminal. H. M. B. 



MISPRISION OF TREASON. The bare 
knowledge (without participation) of a treas- 
onable act or plot. Participation in or assent 
to such act or plot would constitute treason. 
Reference: W. Blackstone, Commentaries 
(Cooley, Ed., 1765), IV. 121. H. M .B. 



MISSISSIPPI 



Early History. — The first settlement in Mis- 
sissippi was made (1699) by the French at 
"old Boloxi," near the present town of that 
name. This strategic point was doubtless 
chosen by the French as the site of their settle- 
ment for the double purpose of controlling the 
navigation of the Mississippi on the west and 
of keeping in check the Spaniards who had 
settled at Pensacola on the east. The consti- 
tutional history of the state, during the 
colonial period, is divided as follows: (1) the 
French period of sixty-four years ( 1699-1763 ) ; 
(2) the English period of sixteen years (1763- 
1779); (3) the Spanish period of nineteen 
years (1779-1798). 

Upon the withdrawal of Spanish authority 
from the region east of the Mississippi river 
and north of latitude 31°, Congress organized 
the country into the territory of Mississippi 
(April 7, 1798). This territory embraced a 
strip of land extending through the present 
states of Mississippi and Alabama, and bound- 
ed on the north by latitude 32° 30' and on the 
south by latitude 31°. It was advanced to a 
second grade of territorial government, May 
10, 1800. In 1804 the northern limit of the 
territory was extended to the southern bound- 
ary of Tennessee. Four years later Missis- 
sippi was advanced to a third grade of terri- 
torial government, being given a delegate in 
the lower house of Congress. The province 
of West Florida (see) revolted from Spain 
in 1810 and its territory was divided be- 
tween Mississippi and Louisiana. With this 
accession, Mississippi territory embraced all 
of the present states of Alabama and Missis- 
sippi. It was later divided and the western 
part was admitted into the Union as the state 
of Mississippi, December 10, 1817. 

State Constitutions. — The constitution of 
1817 differed from all other constitutions of 
Mississippi in the following respects. (1) All 
voters must belong to the militia, unless 
exempt from military duty or payers of a 
state tax. (2) A property qualification im- 
posed upon the governor, lieutenant-governor, 
members of the legislature, and those voting 
for same. (3) Ministers of the gospel were 
made ineligible to the office of governor or to 
membership in the legislature. (4) Judges 
were given tenure of office during good be- 
havior, or until they were sixty-five. 

With the development of the Jacksonian 
principles of democracy, which took deep root 



in Mississippi soil, there arose a clamor for 
manhood suffrage and for an elective judiciary. 
This led to the formation of a new constitution 
in 1832. This constitution differed from the 
first in the following respects. ( 1 ) All officers, 
both state and county, were made elective. 
(2) Tenure of office for life or during good 
behavior was abolished. (3) No property 
qualifications were required for voting or hold- 
ing office. (4) Ministers of the gospel were 
made eligible to membership in the legislature 
and to the office of governor. (5) The office 
of lieutenant-governor was abolished. (6) The 
judicial system of the state was reorganized. 

January 9, 1861, a convention adopted an 
ordinance of secession, and on March 25 
ratified the constitution of the Confederacy. 

The first convention in the South to assemble 
in accordance with President Johnson's plan 
of reconstruction met in Jackson, August 14, 
1865. It accepted emancipation; declared the 
ordinance of secession "null and void;" re- 
pealed the other ordinances passed in 1861; 
and adopted certain amendments to the consti- 
tution of 1832 to meet the changed social and 
economic conditions produced by the war. 
To meet the demands of Congress for readmis- 
sion to the Union, Mississippi held another 
convention in 1868. The resulting constitution 
was the only one in the history of the state to 
be submitted to a vote of its qualified electors. 
It contained certain proscriptive clauses, which 
caused its rejection by a vote of 55,231 to 
63,860. The same constitution was adopted 
without the objectionable features in 1869, 
making the following changes in the funda- 
mental law of the state : ( 1 ) it perfected a 
public school system; (2) reestablished the 
office of lieutenant-governor; (3) provided for 
an appointive judiciary; (4) made several 
changes in the judicial system of the state 
and in the management of county affairs; 
(5) extended the terms of state officers to four 
years and of supreme judges to nine years. 

Present Constitution. — The fourth constitu- 
tional convention was called in 1890, primarily 
for the purpose of removing the dangers of 
negro rule and of securing white supremacy 
in the county and state governments. Its 
most important provisions relate to the suf- 
frage, which was restricted to male citizens 
twenty-one years old and upward who have 
not been convicted of certain crimes and have 
paid their taxes and registered within the pre- 



452 



MISSISSIPPI 



scribed time, and are able to read the Constitu- 
tion or understand the same when read to 
them. It also provided for a secret ballot, and 
otherwise safeguarded elections with certain 
wholesome regulations. The following officers 
were made "ineligible to immediately succeed 
themselves:" governor, state treasurer, audit- 
or of public accounts, sheriff, and county- 
treasurer. It forbade legacies or bequests of 
real or personal property or money "in any 
last will and testament or codicil in favor of 
any religious or ecclesiastical corporation . . . 



vided for municipalities, but previously exist- 
ing charters have not been repealed. 

Supervision over public schools is exercised 
by a state superintendent and by county super- 
intendents of education, each of which is elect- 
ed every four years. Separate public schools 
must be maintained for white and negro 
children in every school district "at least four 
months during each scholastic year," but this 
term may be extended indefinitely by local 
taxation in any county or separate school 
district. 




BOUNDARIES OF THE STATE OF MISSISSIPPI, SHOWING TERRITORIAL CHANGES 



denomination or association." Decided re- 
strictions were laid upon corporate legislation, 
yet liberal terms were granted to new fac- 
tories. This constitution also provided for 
the purchase of state convict farms at the 
-discretion of the legislature, and it placed 
restrictions upon the leasing of convicts. It 
imposed on the legislature the duty of pro- 
viding pensions for indigent soldiers and sail- 
ors of the Confederacy and their widows. The 
legislature was forbidden to enact any law 
discriminating against the rights of women 
"to acquire, own, enjoy, and dispose of prop- 
erty of all kinds," it being stipulated that 
married women were "fully emancipated from 
all disability on account of coverture." 

The counties of the state are divided into 
five districts, each of which elects a member of 
the board of supervisors and a justice of the 
peace for terms of four years. The supervisors 
have jurisdiction over public roads in their 
respective counties and, within certain limi- 
tations, over the collection and disbursement of 
taxes for county purposes. The jurisdiction 
of justices of the peace extends to causes not 
exceeding $200. Uniform charters are pro- 



Political and Partisan Affiliations. — Demo- 
cratic governors held office in the state by 
popular elections from 1817 to 1850. The 
Whigs were successful, however, in the con- 
gressional campaigns of 1838 and 1839. The 
unfortunate incidents connected with the repu- 
diation of the Union Bank bonds caused a 
sharp division between Whigs and Democrats 
in the early forties. The former opposed repu- 
diation, which policy the latter for the most 
part favored. In the gubernatorial election 
of 1841 the question of repudiation became the 
principal issue, and the Whigs were defeated 
after a heated campaign. Two years later an 
effort was made to form a union between the 
Whigs and that branch of the Democratic party 
which was in favor of paying the bonds, but 
this plan failed, and the gubernatorial election 
of 1843 resulted in another Democratic triumph. 
In 1851 a remnant of the Whig party and 
the Democrats who favored the Compromise 
of 1850 formed the Union party. Their guber- 
natorial candidate, Henry S. Foote, defeated 
Governor John A. Quitman, whom the Demo- 
crats had nominated for a second term. The 
question of repudiation was then reopened by 



453 



MISSISSIPPI AND MISSOURI RIVER COMMISSIONS 



the Whigs, hut its agitation led to their de- 
feat in 1853. From that time until 1860 
the Democrats were uniformly successful in 
all political campaigns in the state. 

A't the end of the War of Secession Governor 
Clark was arrested and sent to a federal 
prison, leaving the state without a civil head. 
The President then (June, 1865) appointed 
Judge Sharkey, a former Whig and a strong 
Union man, to the office of provisional gover- 
nor. In a general election (October, 1865) 
Governor Humphreys was chosen chief execu- 
tive of the state. Under the reconstruction 
act of March 2, 1867, Mississippi was placed 
in the fourth military district under command 
of Generals Ord, Gillem, and McDowell, re- 
spectively. As a result of the disfranchising 
clauses of the act, there were only 46,636 
white and 60,167 colored registered voters in 
the state in 1867. After the rejection of the 
constitution of 1868 Governor Humphreys, a 
Democrat, who had been reelected governor by 
a majority of 8,000, was removed from office 
by military force, and General Ames became 
military commander and civil governor of the 
state. The joint resolution of Congress, passed 
February 16, 1869, made him virtual dictator 
of the state, giving his proclamations the force 
of law throughout its length and breadth. 

In the election of 1869 General Alcorn, the 
Republican nominee for governor, was over- 
whelmingly elected over Judge Dent, the 
nominee of the National Union Republican 
party. All Republican candidates for Con- 
gress were also elected and a Republican legis- 
lature was chosen for the first time in the 
history of the state. In January, 1870, this 
legislature adopted the Fourteenth and Fif- 
teenth Amendments to the Federal Constitution 
and elected Hiram R. Revels, colored, and Adel- 
bert Ames to represent the state in the United 
States Senate. The representatives of the state 
were admitted to their seats in Congress, Feb- 
ruary 24, 1870. 

In 1875 a fierce political campaign resulted 
in an overwhelming victory for the Democrats, 
who elected their nominees in sixty-two out of 
the seventy-four counties in the state. When 
the legislature met in January, 1876, impeach- 
ment proceedings were instituted against cer- 
tain Republican state officers. Governor Ames 
and Superintendent of Education Cardoza, 
colored, resigned, and Lieutenant-Governor 
Davis, colored, was convicted and removed 
from office. Since that time the state has 
been under Democratic control. 

Present Conditions. — Since the adoption of 
the constitution of 1890 political power has 
been wholly in the hands of the white citizens 
of the state, and political contests have been 
confined to the Democratic primary elections 
in which the party nominees are chosen. 
Colored citizens take little interest in politics 
further than to attend, in small numbers, the 
state Republican conventions, held on the eve 



of national campaigns. As the white Re- 
publicans take no part in the Democratic 
primary elections and have no primary elec- 
tions of their own, they generally vote only 
in national elections. 

In 1910 an elective judiciary amendment 
to the constitution of 1890 was approved by 
a majority of the qualified electors then vot- 
ing. The legislature (March, 1902) provided 
that all party nominations in Mississippi 
should thereafter be made by primary elec- 
tions. 

In 1800 the population was 8,850; in 1820 
75,448; in 1840, 375,651; in 1860, 791,305; 
in 1880, 1,131,597; in 1900, 1,551,270; in 1910, 
1,797,114. 

See Constitutions, State, Characteristics 
of; Negro Suffrage; Reconstruction; State 
Governments. 

References: Miss. Hist. Society, Publications 
(since 1898) ; F. L. Riley, School Hist, of Mis- 
sissippi (1910; D. Rowland, Mississippi 
( 1907 ) ; J. W. Garner, Reconstruction in Miss. 
( 1901 ) ; F. N. Thorpe, Federal and State 
Constitutions (1909), IV, 2025-2137. 

Franklin L. Riley. 

MISSISSIPPI AND MISSOURI RIVER COM- 
MISSIONS. The improvement of the Missis- 
sippi River, by act of Congress approved June 
28, 1879, was placed in charge of a commission 
of seven men — three from the Engineer Corps 
of the Army, one from the Coast and Geodetic 
Survey, and three from civil life, of whom 
two must be civil engineers. The commission 
formulates plans for regulating the river and 
increasing its navigability, makes surveys, and 
executes works authorized by Congress. The 
location and construction of levees by the Fed- 
eral Government are under the supervision of 
the commission (see Waterways). 

The Missouri River Commission existed from 
1884 to 1902; it had charge of the surveys 
and construction work and developed plans for 
improving navigation. The commission con- 
sisted of three army engineers and two men 
from civil life, one of whom at least was to 
be a civil engineer. Since 1902, such improve- 
ments as have been authorized have been in 
charge of the Engineer Corps. 

See National Waterways Commission; 
Navigation, Regulation of; River and Har- 
bor Bills; Rivers, Jurisdiction and Navi- 
gation of. 

References: "Laws of the United States Re- 
lating to the Improvement of Rivers and Har- 
bors from August 11, 1790 to March 4, 1907," 
I, II, in House Exec. Docs., 58 Cong., 3 Sess., 
No. 425. ( 1907 ) ; U. S. War Dept., Chief of 
Engineers, Report, 1901, I, 658-659, supple- 
ment, 365-428, Report (1902), i, 579, supple- 
ment, 175-215; Special Board of Engineers on 
Survey of Mississippi River, "Report" in 
House Doc, 61 Cong., Sess., No. 50 (1909). 

E. R. Johnson. 



454 



MISSOURI 



MISSOURI 



Early History. — In the seventeenth century 
Missouri was explored by the French who re- 
mained in actual possession until 1770. Dur- 
ing the Spanish period immigration was chiefly 
from French sources until 1790 when the 
American migration began. Aside from the 
government, which was Spanish, the territory 
was a typical French settlement until, as a re- 
sult of the Louisiana Purchase (see Louis- 
iana; Louisiana Annexation), it came into 
American possession in 1804. 

Missouri passed through all of the stages 
of territorial government. At first it was 
attached for governmental purposes to the 
territory of Indiana, but separate government 
soon provided; it was named the territory 
of Louisiana. The government consisted of a 
governor, secretary and judges appointed by 
the President, the governor and judges con- 
stituting the legislative body. 

In 1812 when the name was changed to 
Missouri the territory was advanced to the 
second stage, the lower house of the legislature 
being elective. The upper house became elec- 
tive in 1816. 

The contest over the admission of Missouri 
during 1819-21, is familiar as a part of na- 
tional history (see Compeomise of 1820). It 
resulted in the recognition of Missouri as a 
slave state but the legislature was required 
to declare that the clause in the constitution 
which provided for the exclusion of free negroes 
should not be construed to abridge the privi- 
leges of citizens of other states. The bound- 
aries fixed in 1820 were changed in 1836 by 
the inclusion of the Platte Purchase which 
extended the northwestern boundary to the 
Missouri River. 

Constitution of 1820.— The first constitution 
was a relatively brief instrument containing 
about 10,000 words and dealing principally 
with the fundamental organization of govern- 
ment. It shows the influence of the constitu- 
tions of the southern states, particularly Ken- 
tucky and Alabama, but many provisions were 
taken from the constitution of Illinois. The 
legislature consisted of two houses, the mem- 
bers being elected for two and four years 
respectively. Universal manhood suffrage was 
established for white citizens but the members 
of the legislature, the governor and lieutenant 
governor were the only elective officials. All 
other officials were appointed by the governor 
except the treasurer, who was chosen by the 
legislature for a term of two years. The other 
executive officials were appointed for four 
years, while judges held during good behavior. 

The growth of democratic ideas led to de- 
mands for additional elective offices and limit- 
ed terms for judges. A revised constitution 



submitted in 1845 contained provisions of 
this nature but the voters refused to ratify 
it; some objected to the changes proposed 
while others desired a greater recognition of 
the elective principle. Immediately thereafter 
the legislature proposed an amendment which 
was ratified in 1849, fixing the terms of su- 
preme and circuit judges at twelve and eight 
years respectively. Two years later amend- 
ments were adopted reducing the terms of all 
judges to six years and introducing the elec- 
tive principle for these officers and for the 
principal administrative officials. 

Constitution of 1865.— Missouri as a border 
state was much affected by the Civil War. 
The convention of 1861 was overwhelmingly 
opposed to the secession of Missouri. The 
governor and many of the members of the legis- 
lature, however, supported the southern cause 
and were ultimately compelled to flee from 
the state. The convention then reassembled 
and practically governed the state from 1861 
until it dissolved itself in 1863. A new con- 
stitution was adopted in 1865. This instru- 
ment became notorious on account of its "iron 
clad" test oath, by means of which not only 
Confederate soldiers but all southern sympa- 
thizers were disfranchised and prevented from 
practicing certain professions. The liberal 
element in the Republican party secured the 
repeal of this provision in 1870. The Demo- 
crats regained control of the state soon there- 
after and in 1875 a new constitution was 
adopted. 

Constitution of 1875. — The tendency to limit 
the powers of the legislature which had mani- 
fested itself in the adoption of amendments 
to the constitution of 1820 and in the second 
constitution found even greater realization in 
the constitution of 1875 which, as a result, 
expanded in size including over 30,000 words. 
Of seventy-two proposed amendments, twenty- 
two have been adopted. Amendments are pro- 
posed by an absolute majority in each house 
and adopted by a majority of those voting 
upon the proposition. In 1908, an amendment 
was adopted providing for the initiative (see) 
and referendum (see) for constitutional amend- 
ments as well as ordinary legislation (see 
Legislation, Direct ) . It has been used only 
in the case of two proposed amendments both 
of which were defeated. Manhood suffrage 
obtains, an alien who has declared his inten- 
tion to become a citizen being permitted to 
vote. The Australian ballot (see) system is 
provided for all except minor elections but 
there is no registration of voters except in 
cities containing 25,000 inhabitants or more. 
In 1907 the compulsory direct primary (see 
Pbimaey, Direct) was established for all 



455 



MISSOURI 



officials chosen at the biennial general elec- 
tion and for United States Senators. 

The larger counties are discriminated 
against in apportioning members of the House 
of Representatives. The total population of 



tutions, State, Limitations in). Local and 
special acts regarding a large number of 
matters are prohibited, while the restrictions 
upon the financial powers of the general as- 
sembly are of a very extreme character. 



TERR 



<&%Jr:L<ike of 
* ft-^theWoods_ 



<^$KI0X 




A «l20kA 



7~ 



jmissouiu< 

I A D Wl I T T E D| 
■ 
1 






R E D U C T l\0\ 

E X A xS 



i Boundary of the original 
Missouri Territory 



95° 



BOUNDARIES OF THE STATE OF MISSOURI, SHOWING TERRITORIAL CHANGES 



the state is divided by 200, to secure the 
ratio. Each county has one representative re- 
gardless of its population but a county must 
have two and a half ratios for two represent- 
atives, four ratios for three, six ratios for 
four, and two and a half ratios for each addi- 
tional representative. There are at present 
142 representatives elected for terms of two 
years. The state is divided into thirty-four 
senatorial districts approximately equal in 
population, each electing one senator for a 
term of four years, one half of the number 
being chosen biennially. Biennial sessions are 
held and their length curtailed by a provision 
for the reduction of the daily compensation 
from five dollars to one dollar after the ex- 
piration of 70 days, except that in revising 
sessions the period is 120 days. 

The constitution imposes numerous limi- 
tations upon legislative power (see Consti- 



The elective officials of the executive depart- 
ment are the governor, lieutenant-governor, 
secretary of state, auditor, treasurer, attorney- 
general, and superintendent of schools each 
chosen for a period of four years. There 
are also a large number of offices and 
boards which are filled by appointment 
of the governor, in most cases, with the consent 
of the Senate. The entire system is character- 
ized by lack of concentration which leads at 
times to inefficiency in administration. The 
fact that much of the work of the principal 
departments of state administration is attend- 
ed to by locally elected officials tends to accen- 
tuate the difficulties of the situation. 

As a result of the growth of the state the 
judicial organization has been expanded by 
constitutional amendments and statutes. It 
consists at present of a supreme court of seven 
members chosen for terms of ten years, a su- 



456 



MISSOURI COMPROMISE 



preme court commission of four members ap- 
pointed by the supreme court, three 
courts of appeal of three members each, 
chosen for terms of twelve years and thirty- 
six circuit courts most of which consist of a 
single judge elected for six years. There are 
in addition special courts in certain counties 
and districts. 

The state is divided into 114 counties in each 
of which there is an elective board of three 
members known as the county court which has 
charge of general county administration. 
County officials were formerly chosen for terms 
of two years but recently this has been changed 
to four years except for the prosecuting attor- 
ney and two members of the county court. 
Provision exists for local option in the matter 
of a simple form of township organization, 
and this now obtains in 21 counties. In other 
counties the only township officials are two or 
more justices of the peace and a constable. 
The city of St. Louis is, so far as possible, 
treated as a county. The prohibition upon 
special legislation has forced the legislature 
to enact general laws for cities. The consti- 
tution, however, invented the plan of author- 
izing large cities to frame their own charters 
which has been done by St. Louis and Kansas 
City. 

Each constitution has devoted a special 
article to education. General public education, 
however, did not begin until 1839 when the 
system of common schools and the state uni- 
versity were inaugurated. State, county and 
township school funds and a university fund 
exist. In addition, the state appropriates one- 
third of its general revenue to the public 
schools and large amounts are raised by dis- 
trict taxation. The state also makes liberal 
appropriations for the support of the state 
university, six normal schools and for twelve 
eleemosynary institutions. Each institution is 
under the control of a separate board appoint- 
ed by the governor. 

Parties. — Influenced by Jacksonian ideas, 
Missouri became Democratic, the connection 
being strengthened by the ties of kinship and 
social and economic customs which bound it 
to the southern states. During the Civil War 
the Republicans and ultimately the Radicals 
gained control but the intolerance of the latter 
soon led to their overthrow by a coalition be- 
tween the Democrats and the Liberal Republi- 
cans. The ascendancy which the Democrats 
regained continued practically unbroken until 
1904 when the Republicans elected presidential 
electors, the lower house of the legislature and 
all state officers except the governor. The 
political upheaval was largely due to revel- 
ations of official corruption in the municipal 
assembly of St. Louis and state legislature. 
Four years later the Republicans again carried 
the state for President and elected the gover- 
nor, lieutenant-governor, and lower house of 
the state legislature. In 1910 the three state 



457 



officials chosen were Republican by small ma- 
jorities while the Democrats carried the legis- 
lature. In the presidential election of 1912 
the Democrats carried the state. It seems 
clear that Missouri is to be reckoned as a 
doubtful state. The chief factors in bringing 
about this change in political sentiment have 
been charges of "bossism" and machine poli- 
tics, the incoming of farmers from Iowa and 
Illinois who forced up the price of Missouri 
farms, and the emigration of large numbers of 
Missourians who have moved on to the cheaper 
lands of Oklahoma and Texas. That this out- 
ward movement was more extensive than the 
incoming one is shown by the census of 1910 
which indicates a decrease in rural population. 

Missouri's population in 1810 was 20,845; 
in 1860 it was 1,182,012; in 1900 it was 3,106,- 
665. The census of 1910 gives a population 
of 3,293,335, the decennial increase being the 
smallest since 1830. 

See Constitutions, State, Characteris- 
tics of; State Governments, Characteris- 
tics of. 

References: L. Carr, Missouri; a Bone of 
Contention (1888) ; I. Loeb, "Beginning of 
Missouri Legislation" in Missouri Historical 
Review, I (1906), 54-71; J. Viles, "The 
Story of the State" in The State of Missouri 
(1904), 9-32; Journal of the Missouri State 
Convention, 1820 (reprint, 1905) ; Constitution 
of the State of Missouri, 18Jf5 ( 1S46 ) ; 
F. W. Thorpe, Federal and State Constitutions 
(1909), 2139-2279; Missouri State Convention, 
Journal and Proceedings (1861, 1862, 1863); 
Revised Statutes of Missouri (1825, 1835, 
1845, 1855, 1865, 1879, 1889, 1909). 

ISIDOR LOEB. 

MISSOURI COMPROMISE. The debates on 
the admission of Missouri into the Union last- 
ed through three successive sessions of Con- 
gress, and involved two specific issues: (1) the 
admission of a western slave state; (2) the 
prohibition of slavery in the territories. It 
also raised three indirect questions; (1) the 
constitutional powers of Congress over slavery 
in the territories; (2) the desirability of the 
institution; (3) the policy of a division of the 
Union into a free and a slaveholding section 
by geographic line running east and west 
across the country. 

The contest began in 1818 with the discus- 
sion of bills for making a slave-holding terri- 
tory of Arkansas, and a slave-holding state of 
Missouri. The Arkansas bill was passed in 
1819, with no restriction on slavery; but the 
Missouri bill failed because the House by a 
majority of one adopted an anti-slavery amend- 
ment proposed by Tallmadge of New York. In 
the session of 1819-20, after a passionate dis- 
cussion in the press, in public meetings, and in 
legislatures, the House again voted to pro- 
hibit slavery in Missouri. The Senate on 
the other hand refused to approve a pending 



MITCHELL, JOHN— MOBS AND MOB RULE 



measure for admitting the free state of Maine, 
unless Missouri came in as a slave state. As 
a compromise, the Senate passed the Maine 
bill, and the House passed a bill allowing the 
people of Missouri to form a slave-holding con- 
stitution. Tacked on was the Thomas amend- 
ment, by which slavery was prohibited in all 
the Louisiana purchase except Missouri. 

In 1820-21 it appeared that the proposed 
Missouri constitution prohibited the coming in 
of free negroes. Congress by the so-called 
Clay compromise, therefore refused to admit 
the state until the people of Missouri should 
formally pledge themselves not to infringe on 
the rights of the citizens of other states. 

The South thus secured a slaveholding state, 
and also a territory from which a second slave- 
holding state was eventually made; but the 
principle of the Northwest Ordinance was re- 
peated for the area north of 36° 30'; Congress 
thus reiterated its constitutional right to pro- 
hibit slavery in any territory; and the North 
asserted a distinct hostility to the whole sys- 
tem of slavery. 

See Slavery Controversy. 

References: J. B. McMaster, Hist, of the 
U. 8. (1895), IV, 572-601; L. Carr, Missouri, 
(1888), 139-148; J. W. Burgess, Middle Period 
(1897), 61-95; J. A. Woodburn, "Hist. Signfi- 
cance of Missouri Compromise" in Am. Hist. 
Assoc, Annual Report, 1893; F. H. Hodder, 
"Side Lights on the Missouri Compromise" in 
ibid, 1909, 151. A. B. H. 

MITCHELL, JOHN. John Mitchell (1870- ), 
labor leader, was born at Braidwood, 111., 
February 4, 1870. In 1885 he joined the 
Knights of Labor, and for the next five years 
worked as a coal miner in the West. In 
1895 he became secretary and treasurer of a 
subdistrict of the United Mine Workers of 
America, and from 1898 to 1906 was president 
of the organization. In the same year he be- 
came a vice-president of the American Federa- 
tion of Labor. He directed strikes of the 
anthracite coal miners in 1900 and 1902, secur- 
ing for the men higher wages and shorter 
hours. For his connection with the contro- 
versy between the American Federation of 
Labor and the Buck's Stove and Range Com- 
pany in 1908-13, see Gompers, Samuel. He 
was a member of the executive committee of 
the National Civic Federation, and chairman 
of the trade agreement department, but re- 
signed in 1911 in deference to the wishes of 
the United Mine Workers. See Labor Or- 
ganizations; Mines and Mining, Relation 
of Government to. References: Am. Year- 
Book 1910-1912; Am. Federation of Labor, 
Annual Reports. W. MacD. 

MOBS AND MOB RULE. Throughout the 
history of the United States there have been 
turbulent periods and regions; and the history 
of the country is studded with such episodes 



as the Bacon rebellion in Virginia in 1676; 
the press gang riot of 1747 in Boston; the 
many and often brutal mobs pf the Revolu- 
tionary period; the destruction of the convent 
in Charlestown in 1834; the draft riots of 
1863; and numerous mobs connected with 
strikes during the last three decades. 

The characteristic of mob rule is that it is 
made up of people permeated with a blind 
instinct of destruction, and leaders are likely 
to be swept aside. The mob is simply a return 
for the time being to the primitive conditions 
of unorganized society. Sometimes mobs can 
be influenced by a popular hero or a strong 
speaker. A sudden diversion will sometimes 
change a mob into a good natured gathering, 
and mobs have often been broken up- by 
playing on them with fire hose. A determined 
mob, however, commonly has a definite object, 
such as the life of a hated person or persons, 
the destruction of a building or an attack 
upon the police or the soldiers. Mobs frequent- 
ly sack and commit to the flames jails, court- 
houses and other public buildings. 

The only effective means of dealing with a 
mob is to take the offensive against them with 
numerous and well drilled police or with mili- 
tia or with regular troops ; and the mob al- 
ways hopes that neither police nor militia will 
fire into them. Women are frequently mem- 
bers of mobs and as blood-thirsty as the men 
(see Pinkerton Men). Mounted police and 
cavalry are useful in breaking up mobs be- 
cause they cannot be easily pushed back by 
mere weight. Very few mobs will stand a 
volley of musketry, even where great numbers 
may be armed with revolvers. Soldiers who 
wound or kill members of a mob may plead 
their orders as a defense in case of a suit or 
prosecution. 

Inasmuch as local authorities are often lax, 
especially if the mob is incited against some 
hated individual or corporation, the laws of 
some states permit suit to be brought against 
the county by the owners of property that is 
destroyed, as in the case of the Pittsburg rail- 
road riots of 1877. 

Those who take part in mobs render them- 
selves liable to severe penalties; the attack 
upon persons may constitute a serious crime, 
up to murder; organized attacks previously 
planned may be punished as conspiracy; re- 
sistance to the officers of the law may con- 
stitute riot; obstinate opposition may be 
brought within the more serious offenses of 
insurrection or treason. 

See Coercion of Individuals; Order, Main- 
tenance of; Riots, Suppression of. 

References: "Federal Aid in Domestic Distur- 
bances" in Sen. Docs., 57 Cong., 2 Sess., No. 15 
(1903) ; J. E. Cutler, Lynch Law (1905) ; bib- 
liography in A. B. Hart, Manual (1908), 
§ 125; B. L. Bargar, Law and Customs of 
Riot Duty ( 1907 ) . 

Albert Bushnell Hart. 



458 



MODEL DWELLINGS— MONARCHY 



MODEL DWELLINGS. The providing of 
model dwellings in America has taken two 
forms, improved tenements and model cottages. 
The greatest development has been in the form- 
er direction. The first model tenement was 
built in New York in 1856. The best one, 
in Brooklyn, in 1890. Almost without ex- 
ception this movement has taken the form of 
"investment-philanthropy," what is known as 
"philanthropy and five per cent." These en- 
terprises are to be found in a number of 
cities, New York, Chicago, Boston, Philadel- 
phia, St. Louis and Hoboken, among others. 
One company in New York has six milion 
dollars thus invested. 

Model cottages have been built chiefly in 
small towns and rural and suburban districts 
by employers of labor who have aimed thereby 
to attract and keep in their employ a better 
class of workmen. In some cases houses of 
this kind have been purposely run without 
profit in order to provide comfortable homes 
at low rents. Some of the best types of these 
will be found at Wilmington, Delaware; Law- 
rence, Massachusetts; Hopedale, Massa- 
chusetts; Youngstown, Ohio; and Washing- 
ton, D. C. 

Recently there has been a slight trend 
towards the development of "garden cities," 
following the example of England. The pioneer 
effort in America is that of the Russell Sage 
Foundation Homes Company at Forest Hills, 
Long Island, seventeen minutes from New York 
City, where attractive houses have been built 
in an artistic way in the midst of an at- 
tractively developed landscape. This settle- 
ment has not been designed for working-peo- 
ple, but for professional workers of moderate 
means. A similar development is now pro- 
jected near Boston. 

See Building Laws; Hotels and Lodging 
Houses; Lodging Houses, Public; Munici- 
pal Housing. 

References: E. R. L. Gould, "Housing of -Jhe 
Working Classes" in U. S. Dept. of Labor, 
~8th Special Report, 1895; G. W. W. Hanger, 
"Housing of the Working People in the U. S. 
by Employers" in ibid, Bulletin 5 J/. (1904), 
1191-1244; Lawrence Veiller, Housing Reform 
(1910), ch. vii. Lawrence Veiller. 

MODERATOR. The presiding officer of a 
town meeting in New England. See Town 
Meeting. J. A. F. 

MODUS VIVENDI. Temporary agreements 
pending the permanent settlement of interna- 
tional questions, or providing for a condition 
of affairs which from its nature is temporary, 
are usually called modus vivendi. See Diplo- 
matic Agreements; Treaties in Interna- 
tional Law. G. G. W. 

MOLLY MAGUIRES. A secret society op- 
erating in the anthracite coal region of Penn- 



sylvania between 1865 and 1876, notorious for 
the commission of crimes — particularly the 
murder of owners, officers, and bosses of mines, 
suppressed largely by the efforts of detective 
McParlan which resulted in the execution of 
nineteen "Mollies." Also the name of a law- 
less secret organization in Ireland. Reference: 
"The Molly Maguires" in Am. Hist. Rev., XV 
(1909-10), 547-561. 0. C. H. 

MONARCHY.. The idea of monarchy has, 
in the course of history, undergone so many 
changes and the term has been applied to so 
many governments differing both in form and 
principle, that it is difficult to define the term 
and classify its main divisions. Strictly speak- 
ing monarchy is that form of government in 
which the supreme power is vested in a single 
ruler; but in popular language the term is 
often used to designate a government in which 
the political chief is called king or prince 
regardless of the authority exercised by him 
or of the manner in which political power is 
distributed. According to its nature monarchy 
is divided into two classes — "absolute" and 
"constitutional" or "limited," a distinction is 
also made between "hereditary" and "elective 
monarchy," though this distinction is without 
importance since these terms do not indicate 
the nature of government. For example, the 
papal states were monarchies though the Pope 
was elected by cardinals, while the states of the 
Netherlands were called republics though the 
office of Stadtholder in some of them was 
hereditary. There are now no constitutional 
or limited monarchies in which the sovereign 
can legislate by decree, and there is little or 
no direct exercise of actual power by any au- 
thority in such a monarchy except by the 
democratic element. Moreover the historical 
monarchies have varied greatly both in form 
and principle with each succeeding epoch. 

Theocracy was the earliest form of state 
and developed in Asia and northern Africa. 
It was ruled by a high-priest or king repre- 
senting the gods and religion was the bond of 
union. When later it became transformed into 
human kingship its distinguishing mark was 
despotism. The people of Aryan origin, how- 
ever, rejected this barbarous form of monarchy 
and recognized the rights of classes and of 
individuals apart from those of kings and 
princes. In civilized countries monarchy was 
at first absolute, but absolutism did not al- 
ways imply tyranny. History furnishes many 
examples where absolute monarchs have ruled 
for the good of their subjects. The "enlight- 
ened" or "benevolent" despots of the eighteenth 
century belong to this class, and also Henry 
IV, St. Louis, Canute, Charlemagne and many 
other European monarchs of earlier centuries. 

The feudal monarchy, characteristic of the 
middle ages, which developed after the de- 
cline of Carolingian authority, had, as its es- 
sential basis, the bond of fealty between the 



78 



459 



MONETARY CONFERENCES, INTERNATIONAL— MONEY LENDING, REGULATION OF 



king, the supreme lord of the land, and his 
vassals who derived from him their power, 
rank and property. The medieval monarchy- 
was followed by the modern absolute monarchy, 
appearing first and most conspicuously in 
France. It proclaimed the doctrine of the 
divine right of kings and culminated in the 
absolutism of Louis XIV. This doctrine was 
also held by the Stuart kings of England; but 
it received a check by the execution of Charles 
I and the revolution of 1688, and also by the 
French Revoution of 1789. Since then all mon- 
archies of western Europe have become limited 
or constitutional monarchies in which the pow- 
er of king and emperor is gradually being re- 
duced by the growth of democratic ideas. 

See Government; Sovereignty; States, 
Classification of. 

References: J. K. Bluntschli, The Theory of 
the State (6th ed., trans., 1885); H. P. 
Brougham, Political Philosophy (1842), Pt. I; 
N. Machiavelli, The Prince, Intro, by H. Morley 
(3d ed., 1889); T. D. Woolsey, Political Sci- 
ence (1878), I, 487-585. 

Karl F. Geiser. 

MONETARY CONFERENCES, INTERNA- 
TIONAL. Four international conferences in 
the interest of a larger monetary use of 
silver were held during the latter half of the 
19th century, in 1867, 1878, 1881 and 1892. 

Paris, 1867. — The first met in Paris in re- 
sponse to an invitation from Napoleon III. 
The avowed object was to discuss the unifica- 
tion of coinage, in the hope of removing some 
of the obstacles caused by the great variety 
of coinage systems in Europe. Contrary to the 
original expectation, the conference gave little 
attention to the simplification of coinage sys- 
tems already in operation, and voted that the 
desired object could best be brought about by 
making gold the sole standard of value. As 
many of the countries participating in the 
conference used silver with full legal tender, 
this conclusion had little practical influence; 
but the decision was subsequently referred to 
in the silver controversy in the United States 
as a premeditated attempt to fasten the gold 
standard upon the United States. 

Paris, 1878. — The second conference, met at 
Paris, in 1878, in response to an invitation of 
the President of the United States, in accord- 
ance with authority given by the Bland-Alli- 
son Act (see). Its motive was to restore 
silver to the position of a standard money 
by the leading commercial nations of Europe 
and America. Germany, which had but recent- 
ly (1871) demonetized silver, did not respond; 
France was tied up by agreements under the 
Latin Union; and England was openly averse 
to any sacrifice of the gold standard. The 
results were fruitless. 

Paris, 1881. — In 1881 a third conference was 
held, again at Paris, on the united invitation 
of the United States and France. The situa- 



tion appeared to be more favorable to bimetall- 
ism, as a new strain had been put upon the 
gold supply through the resumption of specie 
payments by the United States. The produc- 
tion of gold also continued to decline, and 
general prices were falling. Although there 
was a more sympathetic cooperation, in which 
Germany joined, there were no practical re- 
sults. 

Brussels, 1892. — For the fourth time a con- 
ference was held in 1892, at Brussels, on the 
sole invitation of the United States. Interest 
in Europe was less than in 1881, but political 
expediency drove the United States, which was 
laboring under the burden of heavy silver pur- 
chases demanded by the Sherman Silver Act 
of 1890, to make a final effort to extricate it- 
self from its embarrassments. The effort was 
of no avail. This experience finally convinced 
the United States that it was useless to rely 
upon assistance from Europe in the estab- 
lishment of a bimetallic system. 

See Silver Coinage Controversy. 

References: H. B. Russell, International 
Monetary Conferences (1898) ; F. A. Walker, 
International Bimetallism (1907). 

Davis R. Dewey. 

MONEY IN POLITICS. See Corruption, 
Political; Party Expenditures, Publicity 
of. 

MONEY LENDING, REGULATION OF. The 

small loan evil has had a remarkable growth 
in recent years, due to a very definite need 
among wage-earners and others for whom regu- 
lar banking institutions furnish no accommo- 
dations. The loan shark offers the needed 
facilities at extravagant charges and on de- 
grading terms. Frequent exposures of the ex- 
tent and character of their practices have re- 
sulted in the passage by many states of drastic 
laws limiting the charge upon such loans to an 
unreasonable rate. The risk occasioned by the 
character of a part of the borrowers, the na- 
ture of the security offered by them, and the 
disproportionate expense involved in making 
small loans, necessitate the allowance of a 
higher charge than is regularly made by larger 
banking institutions. The alarming growth of 
the evil in recent years has been due largely 
to unwillingness of state legislatures to recog- 
nize this fact. Undue limitation of interest 
rates has restricted the business to those lend- 
ers who are willing to defy the laws in order 
to gain large profits, for reputable capital will 
not embark in a business surrounded with odi- 
um and disrepute. In proportion as laws have 
been unjust, charges have been unreasonable 
and business methods harsh. The ignorance, 
improvidence and helplessness of borrowers and 
the shortsightedness of employers have assisted 
in rendering drastic laws ineffective. The rem- 
edy lies in recognizing the business as a neces- 
sary element in our financial system, to be 



460 



MONEY, THEORY OF 



subjected to reasonable regulations and effec- 
tive supervision. Laws are urgently needed 
that will permit the organization of remedial 
agencies formed on the bases of: (1) semi-phil- 
anthropic competition; (2) voluntary protec- 
tive effort; (3) desire for fair profits. Reme- 
dial loan agencies, as private enterprises, have 
been organized in twenty-four states and will 



spread more rapidly as soon as they are recog- 
nized and protected by law, and allowed to 
charge a fair rate above that allowed by usury 
laws, such as has been granted to modern for- 
eign broking and chattel mortgage businesses. 
Reference: Remedial Loan Department of Rus- 
sel Sage Foundation, Publications (1911-12). 

S. McC. L. 



MONEY, THEORY OF 



Function. — Money has several functions: (1) 
medium of exchange; (2) common denomina- 
tor or standard ; ( 3 ) standard of deferred pay- 
ment. The theory of money depends largely 
upon the view taken of the functions performed 
by money. There are those who conceived the 
medium of exchange to be the original and 
primitive function of money; to them an in- 
crease of the medium of exchange means an 
increase in the purchasing power offered for 
goods. An increase of gold for instance would 
mean an increase in that which was offered 
for goods and consequenty an increase of prices. 
Those who take this view of the chief function 
of money are usually believers in the quantita- 
tive theory of money. According to this theory 
an increase of the quantity of money in cir- 
culation is supposed to increase prices, other 
things remaining equal. 

Standard. — There is much ground, however, 
for believing in the distinction between the 
function of money as a medium of exchange 
and the function of money as a common de- 
nominator, or standard. Certainly the idea of 
a standard to whose value all other articles 
are referred for comparison is fundamental to 
the meaning of money; and yet the standard 
money of a country may not be the usual medi- 
um of exchange. In the United States, as is 
well known, we have the gold standard, but 
gold is very seldom used as a medium of ex- 
change in buying and selling goods. Philoso- 
phically, the use of money as a standard ought 
to precede its use as a medium of exchange; 
for the fact of exchange demands theoretically 
the act of valuation. As soon as more than 
two or three articles enter the field of ex- 
change, reference to a common denominator be- 
comes imperative. It is impossible to conceive 
of exchanges going on without having first 
fixed upon the rate of exchange between the 
commodities. 

Price. — The very definition of price carries 
us a long distance in the theory of money. 
Yet it is quite remarkable that most writers 
agree in defining price as the quantity of a 
given standard for which an article will ex- 
change. The price of a bushel of wheat, for 
instance, is the quantity of the monetary 
standard, say gold, for which it -will exchange 
in the open market. Without the concept of 



a standard, the idea of its price would be im- 
possible. Since price is the ratio of exchange 
between a commodity and a monetary standard, 
we have already more or less committed our- 
selves to a theory of price. That is, price 
may vary with a change in either of the terms 
of the ratio of exchange. Price of course is 
only a particular case of value; value is a 
relation of exchange between any one com- 
modity and all others; while price is a ratio 
of exchange between a commodity and one arti- 
cle chosen as the standard. Following this ele- 
mentary admission in the definition of price, 
we are logically brought to believe that prices 
may change either because of forces affecting 
the commodity side of the price ratio, or be- 
cause of forces affecting the side of the stand- 
ard. If such reasoning be followed, one is not 
necessarily led to accept the quantitative 
theory of prices. 

Two Theories. — Two theories of money have 
consequently arisen. The orthodox theory of 
Ricardo and his school is the quantitative 
theory of money. It was supposed that the 
value of coin or paper money could be fixed 
by control over its quantity; that there could 
be no depreciation of money but from excess. 
Ricardo seems to have been convinced that 
there was an imperative demand for money as 
a medium of exchange in order to obtain 
goods; and that this demand was so im- 
perative that exchanges could not go on with- 
out the money. Consequently the value of 
money must vary exactly in proportion to the 
quantity in use. The theory is thus the state- 
ment of demand and supply; demand being the 
money work and supply being the amount of 
money in circulation. By his supposition also 
the state controls the supply of money and 
there is no free coinage. In this theory the 
value of money is not dependent on anything 
which might affect the value of the material 
out of which it is made. As in most of 
Ricardo's reasoning in economics, the conclu- 
sion may be accepted if the premises are grant- 
ed. His quantity theory is true only if we 
accept the conditions upon which it is based: 
(1) no free ooinage, but a monopoly of issues 
by the state; (2) the actual passage of that 
particular kind of money in all exchanges of 
goods. As a matter of fact free coinage of 



461 



MONEY, THEORY OF 



gold, now the usual standard of prices, is 
quite general among commercial countries; and 
also goods are exchanged very largely by media 
of exchange other than the form of money 
used as a standard. If the premises no longer 
exist, in fact, the Ricardian theory of money 
could not survive in modern days. 

Quantitative Theory. — The essence of the 
quantitative theory is probably this : ( 1 ) price 
making can go on only through an actual ex- 
change of money against goods; (2) the gen- 
eral level of prices is fixed by comparison be- 
tween the amount of exchanging to be affected, 
(taking into account the number of times each 
commodity changes hands), and the quantity 
of money (however defined) in circulation 
(taking into account the rapidity of circula- 
tion). The opponents of the quantitave theory 
believe it is erroneous to claim that prices are 
fixed by a comparison between the total goods 
to be exchanged and the media of exchange 
by which the work is done. This seems to them 
contrary to the accepted definition of price. In 
this country, for example, credit instruments 
such as checks, drafts and bills of exchange, 
are employed as media of exchange. The price 
cannot be determined by a comparison between 
goods offered for sale and the media by which 
they are exchanged, because the sums men- 
tioned in the credit instrument are dependent 
upon prices fixed upon before the exchange 
was consummated. The theoretical problem is 
simplicity itself. Anything which can alter 
the ratio of exchange between the money com- 
modity and all other goods will affect the price 
level. The quantitative theory takes into ac- 
count influences operating only on the side of 
the money commodity; and therefore is but a 
one-sided and partial statement of the causes 
at work. It is a matter of common knowledge 
that prices can be influenced by causes other 
than those affecting the money metal itself. 
If so, we are obliged to depart from the usual 
explanation of the quantity theory and admit 
into our theory of prices the causes operating 
on the commodity side of the price ratio. 

So far, the question of prices has been dis- 
cussed on the assumption of a comparison be- 
tween goods and some monetary standard. Of 
course credit enters into all monetary trans- 
actions and necessarily affects the theory of 
money. To the quantity theorist the introduc- 
tion of credit works like an increase in the 
quantity of money; money plus credit offered 
against the same amount of goods to be ex- 
changed must necessarily result in a rise of 
price. Those opposed to the quantity theory, 
however, believe that such an outcome is un- 
supported by the facts. A very large increase in 
the use of credit may also be accompanied by 
a fall of prices. That is, to explain prices, 
one-sidedly by reference to money and credit 
leaves out of account the forces working upon 
the commodity side of the price ratio. Thus 
no matter what may be the effects caused by 



changes in the quantity of money and credit, 
it remains obvious that prices may be largely 
affected by inventions, or by improved pro- 
cesses of production, by which commodities 
may be obtained at less sacrifice of labor and 
capital. Unless this point were admitted, it 
must be assumed that expenses of producing 
goods must remain invariable and changes of 
price could be brought about only by changes 
in the quantity of money and credit offered 
for the goods. This is the reductio ad ah- 
surdum to those who oppose the quantitative 
theory. 

Quantitatitve Theory Criticised. — The ac- 
ceptance of an economic principle must depend 
more or less on the method and proof used. Ad- 
mittedly, no conclusion can be accepted which 
is at variance with observation and fact. Such 
tests repeatedly show that — if induction were 
mainly relied on — changes in the quantity of 
money are not accompanied by corresponding 
changes in the general level of prices. Indeed 
the popular view of "gresnbackism" (1862- 
1879) that prices fluctuated with the amount 
of the circulation has been shown to be un- 
founded; and to have been due to changes in 
the value of the paper standard itself. 

Indeed, the inability to get statistical in- 
stances to prove the effect of changes in the 
quantity of money on prices has inevitably 
led to putting emphasis on the precautionary 
phrase "other things being equal." To do this, 
however, forces the inclusion of "other things," 
which seem to have more influence on the re- 
sult than the quantity element. If so, then it 
would be better analysis to find out the more 
powerful "other things," and to relegate 
"quantity of money" to its subordinate place. 
The undoubted truth is that the determination 
of prices is reached only by including many 
forces other than the quantity of money; that 
the one-sided and rather primitive way of 
ascribing price changes to the fluctuations in 
the amount of the circulating medium omits 
important elements of the problem; that credit, 
or exchanges of goods by banking devices, has 
largely supplanted the older ways of passing 
actual money; and, finally, that even to in- 
clude credit with the quantity of money still 
leaves us with only one side of the price-mak- 
ing process under study. 

To illustrate, we may refer to the recent 
discussion on the high cost of living in which 
it has been urged that its cause must be a gen- 
eral one like the extraordinary increase in the 
production of gold ; that an increasing gold sup- 
ply increases bank reserves, expands credit, and 
thus enlarges the purchasing power offered for 
goods. This is an example of fallacious reason- 
ing quite too common. In the first place, the 
production of gold is not the only general 
force at work; the world-wide unrest of labor 
and the resulting heightening of money wages 
accompanied by a lessened number of hours of 
daily labor, lowered efficiency, and rising ex- 



462 



MONOMETALLISM— MONOPOLIES 






penses of production are well known; the ris- 
ing extravagance of the many newly-rich in all 
countries who make a higher standard of liv- 
ing necessary to their envious competitors, is 
patent to all. But if we allow that higher 
wages for less efficiency can raise prices — and 
no one can deny that — we are forced* to admit 
that forces working on the commodity side of 
the price ratio are equally effective in changing 
the price level with forces working on the side 
of money and credit. As soon as that point 
is reached, the quantitative theory is seen to 
be obsolete, one-sided and inadequate. 

Reasons for Change in Value of Money.— 
The theory of money and prices, as in so many 
other investigations, has properly been influ- 
enced and enlarged by the progressive develop- 
ments of industrial society. As economic oper- 
ations have enlarged, more insight and analysis 
have been possible into the elements of the 
problem. To use an astronomical comparison, 
what was formerly a nebula has by better 
lenses been resolved into separate worlds and 
stars. That is, we are now able to see that 
big forces are at work on prices touching both 
sides of the price-ratio — both the money and 
credit side, and the goods side. Consequently, 
while the process of studying out the shifting 
causes is obviously a more complex practical 
problem, nevertheless the theoretical problem 
is clearer (even though it takes in more 
forces ) . If we are willing to investigate pa- 
tiently the causes affecting expenses of pro- 
duction of goods — as well as those affecting the 
value of the gold standard, the new demand for 
gold as well as the new supply, the economiz- 
ing devices of credit — it will tend to prevent 
snap-judgments as to the reasons for a change 
in the value of money. To jump at conclusions 
after studying only one side of the case ought 
to be regarded as economic insufficiency, More- 
over, to treat the theory of prices too entirely 
from the theoretical point of view, and to 
ignore the practical course of price phenome- 
na, is to put economics under a suspicion which 
it ought not to bear. 

See Banking; Coinage, Free; Exchange, 
Principles of; Price, Economic Theory of; 
Silver Coinage Controversy. 

References: J. L. Laughlin, The Principles of 
Money ( 1903 ) ; W. A. Scott, Money and Bank- 
ing (4th ed., 1910) ; I. Fisher, The Purchasing 
Power of Money (1911) ; J. F. Johnson, Money 
and Currency ( 1905 ) ; W. S. Jevons, Money 
and the Mechanism of Exchange (1875) ; F. A. 
Walker, Money (1891); J. S. Nicholson, A 
Treatise on Money, and Essays on Present 
Monetary Proolems (5th ed., 1901) ; Monetary 
Commission, Report for 1898 (1900); W. C. 
Mitchell "The Quantity Theory of the Value 
of Money" in Jour, of Pol. Econ., IV (1896), 
139-165; C. M. Walsh, Measurement of Gen- 
eral Exchange Value (1901); E. W. Kem- 
merer, Money and Prices ( 2d ed., 1909 ) . 

J. Laurence Laughlin. 



MONOMETALLISM. The use of only one 
metal as the ultimate standard and as the 
basis of the monetary system of a country. 
The term is commonly used as opposed to the 
theory or principle of bimetallism (see). Its 
advocates point to what they contend is the 
undeniable fact, the difficulty or impossibility 
of retaining the relation between two or more 
metals or commodities fixed upon as the stand- 
ard. If two metals are freely coined at a 
fixed ratio, one will, it is claimed, be overrated 
and consequently become the standard. The 
prevailing practice at the present day is to 
have as an ultimate standard a certain definite 
amount of one metal, in the United States 
23-22/100 grains of fine gold. See Money, 
Theory of; Standard Money. Reference: F. 
M. Taylor, Chapters on Money (1906). 

A. C. McL. 

MONOPOLIES. Nature and Basis.— Monop- 
oly is essentially a dominating unity of action 
exercised in selling or in buying specific kinds 
of goods or services. It involves the power to 
fix, within variable limits, the price and other 
conditions under which such goods or services 
may be bought or sold. The power inheres 
in control, complete or partial, over the supply 
of such goods or services, or over the demand 
for them. Exclusive right or power to pro- 
duce a thing is desired to control supply and 
thereby to fix the price, which is the chief aim 
of private monopoly. Where unity of control 
affects the whole supply or demand, the monop- 
oly is complete. Incomplete or ineffective mon- 
opoly exists where unity of action, though 
affecting less than the whole supply or de- 
mand, is yet sufficiently extensive to exercise 
dominant influence in the market. Ordinarily, 
control over four-fifths of the supply or de- 
mand is deemed sufficient effectively to govern 
market conditions. The basis of complete mo- 
nopoly may be an exclusive law, or exclusive 
charter, a patent, secret process, or sole pos- 
session of the product or of something essen- 
tial to its production. Effective monopolies 
may have their basis in combination, in inher- 
ent characteristics of the business, especially in 
various forms of discrimination practised by 
shippers such as special railway rates, refrig- 
eration, car-supply, and terminal facilities. 

Motives and Evils. — Three ultimate motives, 
often in practice cooperating, lead to mon- 
opolies. (1) Government aims thereby to pro- 
mote public welfare, either by (a) stimulating 
beneficial enterprise by means of franchises, 
patents, trade marks, copyrights, government 
monopolies, or (b) exercising its police power 
to regulate traffic or consumption which spe- 
cifically affects morals or health (as liquor 
monopolies in Switzerland and South Carolina, 
and Japanese opium monopolies) . (2) Govern- 
ment seeks revenue through the agency of fiscal 
monopoly such as French and other tobacco, 
Japanese salt and camphor. (3) Private per- 



463 



MONOPOLIES 



sons or companies seek, through monopoly, 
larger or surer profits in enhanced price, or 
greater stability of market conditions. 

Public welfare and fiscal monopolies creat- 
ed by government raise questions of expediency, 
but do not in principle conflict with the inter- 
ests of society. But a sellers' monopoly which 
seeks by limiting supply to realize exceptional 
profits essentially antagonizes the interests 
of consumers. Also a buyers' monopoly which 
depresses the price of products (for which it 
controls demand) affects injuriously the pro- 
ducers. A meat packers' monopoly might 
realize monopoly profits both by exacting high 
prices for meat and by paying low prices for 
animals. Aside from questions of price, possi- 
ble evils from monopoly concern discrimi- 
nation, "unfair practices" to suppress compe- 
tition, inefficient service, tyranny over tastes, 
possibly excessive power over laborers. 

Monopoly Profits and Monopoly Price. — 
Monopoly profits are the portion of net re- 
ceipts — total or per unit — which accrue by 
virtue of monopoly power. They are, not total 
net receipts, but the excess over those net 
receipts which might be realized without mon- 
opoly power. This excess arises from two 
sources. (1) Possible economies result from 
reducing expenses for plant, administration, 
advertising, etc., or from increasing efficiency 
alleged to result from costly experimentation 
which would be impracticable if competitors 
might share rewards. ( 2 ) The margin of profit 
is enlarged by raising price to consumers, pos- 
sibly also by depressing prices of materials or 
labor used. Monopoly profits from each source 
depend on many factors which vary from in- 
dustry to industry. 

Monopoly price is the price which yields 
the largest aggregate monopoly profits on 
total sales: i. e., a price determined with ref- 
erence solely to the monopolist's pecuniary 
interests. Differing conditions radically affect 
the method of its determination. If units of 
the monopolized article be definitely limited 
in number — e. g., paintings by Rembrandt— 
the monopolist exacts the maximum price for 
each unit. But if the number of units may be 
indefinitely increased — e. g. y bottles of mineral 
water from a monopolized source — -he selects 
the price which realizes the greatest sum of 
net profits from total sales. A higher price 
would yield greater profit per bottle, but 
would reduce sales and lessen aggregate pro- 
fits. A lower price would increase the sales, 
but lower profits per bottle would give a 
smaller aggregate sum. If additional bottles 
were obtained at diminishing cost or if slight 
reductions of price elicited rapid increase of 
purchases, the tendency would be towards low 
prices. Conversely, if additional bottles were 
produced at increasing costs, or if the reduced 
price caused little expansion of sales, con- 
ditions would be unfavorable to lowering 
prices. 



Limitations. — Legal limitations proceeding 
from legislative enactment and judicial inter- 
pretation, are fundamental for public welfare 
and fiscal monopolies. Crucial importance at- 
taches to judicial interpretations based on 
precedents of common law which may rest 
back on obsolete economic and social con- 
ditions. Natural limits of monopoly inhere 
in the potentialities of competition, substi- 
tution, abstinence, popular hostility — all vary- 
ing according to nature and products of mon- 
opoly. A monopoly price greatly above cost 
of production risks provoking competition (un- 
less the monopoly is complete) or diverting 
consumers to use less costly substitutes or to 
abstain from gratification; or it arouses popu- 
lar hostility and consequent government inter- 
ference. Buyers' monopolies meet limits in 
prices so low as to discourage the production 
of the goods; shippers' monopolies in rates so 
high as to exclude their patrons from markets 
accessible to other localities served by other 
shippers. An intelligent monopolist must 
weigh ultimate loss through such consider- 
ations against larger immediate gains. 

Forms. — According to Professor Ely's apt 
analysis, all monopolies spring from natural 
or social arrangements. Natural monopolies 
arise from, (1) a limited supply of raw ma- 
terial, (2) properties inherent in the business, 
(3) secrecy of process. Control of most iron 
ore deposits of superior quality under a high 
tariff is a conceivable basis of iron and steel 
monopoly. Owing to inherent properties, most 
industries involving transport service — rail- 
ways, tramways, telegraphs, telephones, gas, 
electric light and power — naturally tend to- 
wards monopoly, as being economical, effi- 
cient and convenient. Social arrangements 
cause general welfare monopolies such as pat- 
ents, copyrights, trade marks, and fiscal mon- 
opolies, including tobacco, matches, salt, cam- 
phor, and kindred opium and alcoholic con- 
sumption monopolies. Special privilege monopo- 
lies, based on public or private favoritism, are 
specially odious. The Tudor monopolies, creat- 
ed by letters patent, are noted examples. 
Popular indignation against them secured 
their revocation by Elizabeth and first brought 
modern monopolies into prominence. Railway 
discriminations such as special rates, rebates, 
preferences in supplying cars, prompt for- 
warding, account for most monopolies due to 
private favoritism. They, like growing im- 
portance of buyers' monopolies, result from 
recent economic changes. 

See Business, Government Restriction of; 
Conservation; Copyright; Corners in Com- 
modities; Corporation, Public; Municipal 
Ownership; Patents; Trade-Mark; Trusts. 

References: R. T. Ely, Monopolies and Trusts 
(1900), Studies in the Evolution of Industrial 
Society (1903), chs. iv, v; C. W. Baker, Mon- 
opolies and the People (1900) ; J. E. Le Ros- 
signol, Monopolies Past and Present (19.01) \ 



464 



MONROE, JAMES— MONROE DOCTRINE 



Marshall, Principles of Econ. (6th ed., 
)), Bk. V, ch. xiv; J. S. Nicholson, Prin- 
ts of Pol. Economy (1897), II, Bk. Ill, ch. 
H. R. Seager, Economics ( 1909 ) , chs. ix, 
i, xx-xxii; F. W. Taussig, Principles of 
economics (1911), I, ch. xv, II, chs. xlv, lxiii; 
A. T. Hadley, Economics (1897), ch. vi.; Con- 
rad and others, Eds., Handworterouch der 
Staatswissenschaften (3rd ed., 1910), VI, 769- 
773; E. W. Bemis, Municipal Monopolies 
(1899); L. Darwin, Municipal Trade (1903), 
Municipal Ownership ( 1907 ) ; R. P.- Porter, 
Dangers of Municipal Trading (1907) ; D. F. 
Wilcox, Municipal Franchises (1910), I, chs. 
iii, ix (1911), II, chs. xxviii, xlvi. 

E. H. Vickers. 

MONROE, JAMES. James Monroe, fifth 
President of the United States, was born in 
Westmoreland county, Virginia, April 28, 1758, 
and died July 4, 1831. In 1782, he was elect- 
ed a member of the Virginia legislature and 
the next year entered Congress, serving for 
three years. He stood firmly for the free navi- 
gation of the Mississippi. In the Virginia con- 
vention, he opposed the Federal Constitution, 
because of its tendency towards too great cen- 
tralization. From 1790 to 1794 he was in the 
United States Senate and opposed the policies 



of the administration. Notwithstanding this 
he was appointed, 1794, minister to France, 
but his mission was regarded as a failure and 
he was recalled, 1796. From 1799 to 1802, 
he was governor of Virginia. As special min- 
ister to France in 1803, he cooperated with 
Robert R. Livingston in the purchase of Louis- 
iana. Prior to his appointment as Secre- 
tary of State by President Madison, he served 
again in the legislature and as governor of 
Virginia. - After the burning of the city of 
Washington, 1814, Monroe served also as Secre- 
tary of War and in this capacity improved the 
conduct of military affairs. As President of 
the United States his name is always asso- 
ciated with the purchase of Florida; recog- 
nition of the independence of the South Ameri- 
can States; and the assertion of the Monroe 
Doctrine. 

See Democratic-Republican Party; France, 
Diplomatic Relations with; Florida An- 
nexation; Great Britain, Diplomatic Rela- 
tions with; Louisiana Annexation; Monroe 
Doctrine; Virginia. 

References: W. O. Stoddard, Life of James 
Monroe (1887) ; D. C. Gilman, James Monroe 
in his Relation to the Political Service (1883) ; 
James Monroe, Writings, S. M. Hamilton, Ed. 
(1898-1905). James A. James. 



MONROE DOCTRINE 



r 



The term Monroe Doctrine originated with 
certain statements made by President Monroe 
in his annual message of Dec. 2, 1823; but 
in the course of ninety years it has frequent- 
ly been used for policies and conditions 
which were not in Monroe's mind. The com 
monly received interpretation of the doctrine 
has varied from decade to decade; and there 
have been several periods in which it was not 
invoked at all. Admiral Mahan says of it: 
""The virtue of the Monroe Doctrine, without 
which it would die deservedly, is that through 
its correspondence with national necessities it 
possesses the inherent principle of life, which 
adapts itself with the flexibility of a growing 
plant to the successive conditions it en- 
counters." 

Background. — The Monroe Doctrine had its 
origin in the effort to reconstruct Europe after 
the end of the disturbances of the Napoleonic 
wars, which set the powers of Europe on the 
task of reestablishing a balance of power and 
extinguishing the spirit of revolution. In the 
Congress of Vienna, therefore, in 1814 and 
1815, France was received as one of the five 
great powers along with Russia, Austria, Prus- 
sia and Great Britain. And then by the so- 
called Holy Alliance of Sept. 26, 1815 (which, 
however, did not include Great Britain ) , the 
powers undertook to crush out by joint action 



any revolution that might threaten any one of 
them. This principle was invoked against 
Naples in 1820, and against Spain in 1823. 

A revolution of the Spanish-American colon- 
ies began with the attempt of the French to 
annex the Spanish colonial empire, from 1807 
to 1812. The revolution was a denial of the 
great principle of legitimate monarchy; hence 
after the rehabilitation of the Spanish mon- 
archy in 1823, the Government asked of the al- 
lied sovereigns aid in recovering the colonies. 
The only power in Europe which had both the 
fleet and the inclination to enter into these 
American complications was France, which ex- 
pected some kind of territorial advantage. 

Russia was in two ways involved in Amer- 
ican affairs. (1) Ever since 1784 there had 
been a Russian settlement in Alaska, and posts 
had been planted at various points down the 
northwest coast. The United States, there- 
fore took serious offence, when in 1821, the 
Russian Government asserted a claim to the 
whole coast as far south as the 51st parallel, 
and to a strip of ocean 100 miles wide along 
shore. (2) In October, 1823, the Russian Gov- 
ernment sent out a circular against Spanish 
American independence, and declared it con- 
trary to the European "political system," 
which phrase clearly referred to the system 
of legitimate monarchy. 



465 



MONROE DOCTRINE 



Occasion.^The United States was deeply 
committed to the principle that a new body 
of Latin-American states had appeared. 
Americans enjoyed relief from the former 
Spanish restrictions on colonial trade; and 
the people felt a sincere sympathy with the 
new republics. In 1822, the United States 
recognized the independence of several of the 
new countries {see Recognition of New 
States), and exchanged ministers with them^ 
To Secretary John Quincy Adams this seemed' 
so fully to commit the United States that the 
question whether the colonies be restored to 
Spain was a kind of denial of his own coun- 
try's integrity. 

In 1823, the restored Spanish Government 
asked for a conference to consider the Spanish- 
American situation, to which it was suggested 
that the United States be invited. 

George Canning, British Secretary of State 
for Foreign Affairs, took alarm at what he 
thought a movement in favor of French do- 
minion in parts of America; and he proposed 
to Rush, the American minister in London, to 
join with him in a declaration that the United 
States and Great Britain were opposed to any 
intervention in American affairs by EuropeJ 
The objection to intervention fell in with the 
American doctrine of "the policy of isola- 
tion," which dated from the administration 
of Washington; but the method proposed was 
out of accord with the doctrine of "no en- 
tangling alliances" (see) stated by President 
Jefferson. 

Rush, having no instructions on the sub- 
ject, would go only so far as to agree to a joint 
declaration with Great Britain, to be con- 
joined with an acknowledgment of the inde- 
pendence of the Latin-American states. Upon 
this point Canning hesitated, then grew cooler, 
and then held off. A declaration was made by 
the French Government, October 9, that it 
would take no part in restoring the Spanish 
colonies to Spain by force. Rush meanwhile 
wrote home for instructions. 

Formulation.— The news of the suggestion 
of the European intervention and of Canning's 
overtures reached the United States while the 
President's message was in preparation. Mon- 
roe inclined toward a joint declaration, but 
was at the same time genuinely alarmed lest 
somehow the forces of Europe might be direct- 
ed, not only against Latin-American republics, 
but against the United States. If a separate 
declaration were made, he wanted it to sound 
the war cry of democracy. The leading spirit 
in the Cabinet was John Quincy Adams, who 
skillfully steered in the direction of a single 
declaration, founded not on a danger to re- 
publican government but on the superior in- 
terest of the United States in all American 
affairs. He also seized the opportunity to 
repel the Russian claims to the Northwest. 
Drafts of the message passed between the 
Secretary and the President, and the hand of 



both of them can be seen in the form of the 
declaration as it appears in the President's 
message, of Dec. 2, 1823. 

Form. — The message clearly states the posi- 
tion of the United States upon three different, 
though connected questions. (1) In connec- 
tion with a discussion of the Russian claims 
to Oregon, the message declares that "the 
American continents by the free and independ- 
ent condition which they have assumed, are 
henceforth not to be considered as subjects 
for future colonization by any European pow- 
er." (2) In a different part of the message, 
in a discussion of the status of the Spanish 
American states, the President says: "We 
could not view any interposition for the pur- 
pose of oppressing them or controlling in any 
other manner their destiny, by any. European 
power, in any other way than as the manifest- 
ation of an unfriendly disposition toward the 
United States." (3) On the question of the 
combination of European governments the mes- 
sage reads: "It is impossible that the allied 
powers should extend their political system 
to any portion of either continent without en- 
dangering our peace and happiness." The term 
"political system" had been used in the re- 
cent Russian dispatch and the clause, undoubt- 
edly, denies the right of European powers to 
plant monarchical governments in America. 

On the other hand Monroe makes three sig- 
nificant limitations: (1) he expressly bases 
the right of the United States to protest 
against European intervention upon the prac- 
tice of the United States to keep outside of 
all complications in Europe; (2) he dis- 
claims any intention of the United States to 
interfere with the Latin-American powers in 
their choice of governments for themselves; 
(3) he unequivocally says that "with the 
existing colonies or dependencies of any Euro- 
pean power we have not interfered, and shall 
not interfere." 

From the circumstances and the language of 
the declaration, it is clear that Monroe and 
his Cabinet by this declaration intended to 
lay down the principle that America was in 
three different ways outside the sphere of 
European government and the European bal- 
ance of power. (1) The territory of the two 
Americas, Monroe held to be already absorbed 
by colonizing nations or by the new independ- 
ent powers, so that there was no room for any 
farther territorial claims based on dis- 
covery. (2) The governments of the Amer- 
ican powers were to be made by their 
own choice. Monroe had recognized the tempo- 
rary empire of Iturbide in Mexico and also 
the Brazilian monarchy, because he held that 
they rested upon the preference of the Mex- 
ican and the Brazilian people ; but he pro- 
tested against any kind of duress being put 
on the Americans. (3) There was no oc- 
casion for foreign expeditions by third par- 
ties. Monroe totally denied the right of any 



466 



MONROE DOCTRINE 



European power to come in as the friend and 
military supporter of the Spanish power. 

Obviously the Monroe Doctrine was intended 
to be a doctrine of peace, an assertion that the 
independent powers in America were all able 
to take care of themselves, and were not to 
be considered a part of the European combina- 
tion of powers, or subject to its influence. 
The immediate danger was not so much the 
restoration of the Latin American states, as 
the planting of new European colonies in 
the midst of those states, which would become 
the foci of disturbance. 

Application, 1823-1845. — Monroe's message, 
combined with the opposition of Great Brit- 
ain, put an end to all schemes of intervention. 
By declining to go hand in hand with Great 
Britain, the United States indirectly set up a 
claim to be the leading American power, com- 
petent to act in the western hemisphere with- 
out the sanction of any European power, and 
virtually assumed a hegemony in the Amer- 
icas. The Latin American states seemed in- 
clined to accept this point of view, and in 
1826 summoned a congress {see Panama Con- 
gress) in which one topic for deliberation 
was to be how the pledge of the Monroe Doc- 
trine should be carried out. This led John 
Quincy Adams as President to take the ground 
that the Monroe Doctrine meant only that 
each power was to protect itself by its own 
means. 

Application of the Monroe Doctrine to the 
Russian claims was quick and potent, for the 
United States obtained from Russia in 1824, 
a treaty disclaiming any territorial rights 
south of 54°, 40'. 

For a time the term Monroe Doctrine was 
little used, because all its objects were for the 
time reached, partly by the influence of the 
Doctrine, directly as a natural outcome of 
the general foreign policy of the United States. 
With regard to Cuba, it was several times offi- 
cially announced that the United States would 
make no objection to the holding of Cuba 
by Spain, but would oppose the transfer of 
that island to any other power, not as a breach 
of the Monroe Doctrine, but simply as con- 
trary to American interests. 

Application, 1845 to 1867. — The Monroe Doc- 
trine contained no specific pledge that the 
United States would refrain from taking the 
territory of American neighbors, although its 
spirit was that to disturb the territorial 
balance would be unhandsome. In 1845 the 
United States annexed Texas, still claimed as 
a part of Mexico, and almost at the same mo- 
ment President Polk called attention to the 
Monroe Doctrine and added "it should be dis- 
tinctly announced to the world as our settled 
policy that no future European colony or 
dominion should with our consent be planted 
or established on any part of the North Amer- 
ican continent." A year later Polk occupied 
New Mexico and California; and in 1848 



when some of the people of Yucatan proposed 
to transfer that province of Mexico to the 
United States, Polk favored it on the ground 
that otherwise Yucatan might be brought 
within the European political system. 

So far as the Monroe Doctrine viewed the 
United States as the one leading American 
power it was abandoned in 1850 when England 
was recognized as a power entitled to joint 
supremacy in all questions of an isthmian 
canal {see Clayton-Bulwer Treaty). The 
administration still more departed from its 
spirit by repeated efforts, from 1851 to 1860, 
to occupy parts of Central America and of 
Mexico, and to bully Spain into ceding Cuba. 

During the Civil War the principal danger 
against which the Monroe Doctrine was di- 
rected came about through the invasion of 
Mexico by France and the setting up of a 
European monarchy in that country by mili- 
tary force {see Maximilian's Empire) 
against the will of the people. Nevertheless 
Secretary Seward in his correspondence no- 
where refers to the Monroe Doctrine; but 
eventually he put such pressure upon the 
French that they withdrew from Mexico {see 
Mexico, Diplomatic Relations with). 

Application, 1867 to 1894. — The doctrine 
that European powers must keep their hands 
off America, combined with a growing dis- 
like of European colonies, was fortified by 
several incidents after the Civil War. The 
annexation of Alaska {see) in 1867 eliminated 
one of those colonizing powers. An unsuc- 
cessful project for the annexation of the Dan- 
ish Islands {see) would have erased another. 
The Clayton-Bulwer Treaty was assailed be- 
cause it recognized a joint interest with Great 
Britain in an American concern, a hostility 
strengthened by the formation of the Dom- 
inion of Canada {see) in 1867, just when many 
Americans looked forward to the annexation 
of Canada. American influence was pushed 
hard in Latin America, as in the controversy 
between Chili and Peru in 1881 {see South 
America, Diplomatic Relations with) ; in 
the first Pan American Congress {see) of 
1890* in the troubles with Chili in 1891 and 
1892; and in the new Brazilian Republic in 
1894. 

The main question of American diplomacy 
during this period was that of the proposed 
water route across the isthmus {see Canal 
Diplomacy; French Panama Canal; Pan- 
ama Canal) which involved the application of 
French capital under a French charter. Nev- 
ertheless the Monroe Doctrine was not directly 
invoked in that controversy. 

The Olney Doctrine. — The country was hence 
taken by surprise when in dispatches made 
public in December, 1905, Secretary Olney, 
upon a boundary dispute between British 
Guiana and Venezuela, asserted that the 
Monroe Doctrine contained the following prin- 
ciples, though none of them had even been pre- 



467 



MONROE DOCTRINE 



viously set forth. ( 1 ) The existing European 
colonies in America have no right to be; "any 
permanent political union between an Euro- 
pean and an American state is unnatural and 
inexpedient;" "the interests of Europe are ir- 
reconcilably diverse from those of America." 
(2) The United States possesses the hegemony 
of America. "To-day the United States is 
practically the sovereign on this continent, 
and its fiat is law upon the subjects to which 
it confines its interposition." (3) The Mon- 
roe Doctrine is a part of international law, 
known to all nations, and hence to disregard 
it is an international offense. (4) The Mon- 
roe Doctrine forbids a refusal to arbitrate ter- 
ritorial controversies between European colon- 
ies and Latin-American nations, inasmuch as 
any territory unreasonably claimed would 
thereby be transferred to the political system 
of Europe. (5) The United States would be 
justified in making war to rectify this infrac- 
tion of the Monroe Doctrine. 

The immediate effect of this new doctrine 
was that Great Britain yielded the disputed 
point; but the moral effect was diminished 
when three years later the United States an- 
nexed Cuba (temporarily) and Porto Rico by 
force of arms, and thus broke off the last frag- 
ment of the old Spanish-American empire. 
The war also brought about the annexation 
of the Philippine Islands, the first territory 
taken by the United States distinctly outside 
the American sphere of operations. In 1900, 
the United States joined in the expedition to 
Peking and took a prominent part in the set- 
tlement of the Chinese difficulties. Thence- 
forward it was no longer possible to hold that 
the United States was outside of the interests 
of European powers and for that reason could 
assert a special status in America. On the 
other hand, in 1902 Great Britain freely gave 
up the Clayton-Bulwer Treaty (see Canal Dip- 
lomacy ) , and with it the long standing claim 
of a joint interest in the canal route. 

The Drago Doctrine. — Whatever the original 
grounds of the Monroe Doctrine, and whatever 
new principles and applications may have been 
brought in, all nations recognized that it was 
the fixed purpose of the United States to pre- 
vent any conquest of American territory as a 
basis for European colonies. Probably the 
doctrine would be applied if any American 
country should voluntarily try to be incor- 
porated with a European empire. 

This principle clearly stands in the way of 
the commonest method of bringing to book 
weak powers which injure or defy strong pow- 
ers, viz., the occupation of their ports. Sev- 
eral of the Latin American powers have inter- 
fered with foreign capital and foreign individ- 
uals who come into their territory under 
promise of protection. This gives rise to 
complaints and demands for redress and for 
money indemnity. In 1901 Germany wished to 
deal with Venezuela and bombarded a Vene- 



zuelan port (see Germany, Diplomatic Rela- 
tions with). Unofficial or at least unpub- 
lished remonstrances were made from Wash- 
ington, which caused the German Government 
to give assurance that it would not land 
troops nor occupy the country. In 1905, on the 
ground that otherwise creditor nations would 
take possession of San Domingo (see), Presi- 
dent Roosevelt by an agreement not ratified 
by the Senate put American officials into the 
custom houses of that country and adminis- 
tered its finance. Similar overtures were made 
toward Hayti and toward some of the Central 
American powers in 1912 by President Taft, 
and in 1913 by President Wilson; but the Sen- 
ate drew back from assuming that responsi- 
bility ( see Dollae Diplomacy ) . 

A renowned Latin American publicist has 
laid down the principle that no state ought to 
be invaded for the collection of money claims 
(see Drago Doctrine) ; and that doctrine has 
been pressed upon the United States in the 
successive Pan American Congresses (see) of 
1890, 1901, 1906 and 1910. President Roose- 
velt gave his formal adherence to the Drago 
doctrine, and European nations reasonably 
look to the United States to find some 
way of securing reparation of their injuries 
and claims, so long as this country holds it as 
part of the Monroe Doctrine that such repara- 
tion may not be directly sought. Such a use of 
the Monroe Doctrine would make the United 
States responsible for the good behavior of all 
the Latin American countries. This question 
was much accented from 1911 to 1914 by revo- 
lutions in Mexico, involving the property, lives 
and interest of citizens of many countries, and 
the United States, by fending off other powers, 
made itself responsible for securing good or- 
der in Mexico. 

In July, 1912, Senator Lodge introduced in- 
to the Senate a resolution declaring that no 
holder of lands in other American states ought 
to be allowed to transfer them to. any persons 
from foreign countries, with a view to es- 
tablishing a military or naval base. This was 
hailed as an extension of the Monroe Doctrine. 

See Annexations to the United States; 
Arbitration and Peace; British North 
America, Diplomatic Relations with ; Canal 
Diplomacy; Central America; Claims, In- 
ternational; Colonization, Principles of; 
Cuba and Cuban Diplomacy; Drago Doc- 
trine ; Foreign Policy of the United States ; 
Germany, Diplomatic Relations with ; Great 
Britain, Diplomatic Relations with; Hague 
Conferences ; Imperialism ; Intervention ; 
Latin America; Nicaragua Canal Policy; 
Pan American Congresses; Recognition of 
New States; South America, Diplomatic 
Relations with; Spain, Diplomatic Rela- 
tions with; and Latin American countries by 
name. 

References: G. F. Tucker, Monroe Doctrine 
(1885) ; J. W. Foster, Century of Am. Diplo- 



468 



MONTANA 



macy (1900) ; W. F. Eeddaway, Monroe Doc- 
trine (1898); J. B. Moore, Am. Diplomacy 
(1905), ch. vi, Digest of Int. Law (1906), VI, 
ch. xx, VII, §§ 944, 967; A. C. Coolidge, U. S. 
as a World Power (1908), ch. v.; F. J. 
Turner, Rise of the New West (1906), ch. xii; 
F. L. Paxson, Independence of the South Am. 
Republics (1903) ; W. F. Johnson, Four Cen- 
turies of the Panama Canal (1906) ; F. E. 
Chadwick, U. S. and Spain, Diplomacy ( 1909 ) , 
I, chs. viii-xj A. B. Hart, Foundation of Am. 
Foreign Policy (1901), ch. vii, "Monroe Doc- 
trine in its Territorial Extent and Applica- 
tion" in U. S. Naval Institute, Proceedings, 
XXXII (1906), 753; A. G. Stapleton, Polit- 
ical Life of George Canning (1831) ; H. W. V. 
Temperley, George Canning (1905), chs. viii- 
x; Am. Hist. Leaflets, Nos. 4, 34 (1892-1910) ; 
M. Hill, Liberty Documents (1901), ch. 
xx ; J. Q. Adams, Memoirs (1903), iv; E. 
Eush, Residence at the Court of London, 1819- 
1825 (1873); D. Webster, Works (1851), 
III; M. Palacio, Outline of the Revolution of 
Spanish-America (1817) ; W. E. Curtis, U. 
S. and Foreign Poivers (1899) ; L. M. Keasbey, 
Nicaragua Canal and Monroe Doctrine ( 1896 ) ; 
J. B. Henderson, Am. Diplomatic Questions 
( 1901) , Pt. IV; T. J. Lawrence, Essays on some 
Disputed Questions of Int. Law (2d ed., 1885) ; 
T. Lyman, Diplomacy of the U. S. (2d ed., 
1828) ; T. B. Edgington, Monroe Doctrine 
Q904) ; J. T. Morse, Jr., John Quincy Adams 
(rev. ed., 1898), ch. ii.; D. C. Gilman, James 
Monroe (rev. ed., 1900), with bibliography; 
T. Eoosevelt, American Ideals (1904), ch. xi; 
W. C. Ford "J. Q. Adams and the Monroe Doc- 
trine," in Am. Hist. Rev., VII, 676-696, VIII, 
28-52 (1902) ; A. T. Mahan, Interest of Amer- 
ica in International Conditions (1900), Les- 
sons of the War toith Spain (1899), 207-241; 
J. A. Kasson, Evolution of the Constitution 
(1904), 221-273; J. B. McMaster, With the 
Fathers (1896), 1-54; J. H. Latane, Diploma- 
tic Relations with Spanish America (1900) ; 
S. M. Hamilton, Monroe Doctrine (1896); M. 
D. de Beaumarchais, La Doctrine de Monroe 
(1898); Hector Petin, Les Etats-Unis et la 
doctrine de Monroe (1901) ; H. Bingham, The 
Monroe Doctrine an Obsolete Shibboleth 
(1913); bibliography in Channing, Hart and 
Turner, Guide to Am. Hist. (1912), §§ 198, 
257, 267; A. B. Hart, Manual (1908), §§ 38, 
77, 145, 182, 183. 

Albeet Bushnell Hart. 

MONTANA. West of the Eocky Mountains 
Montana's territory became successively a part 
of Oregon territory in 1848, of Washington 
territory in 1853, and of Idaho territory in 
1863. The eastern portion was included in 
the district and territory of Louisiana in 1804 
and 1805, in the territory of Missouri in 1812, 
in the Indian country in 1834, in the territory 
of Nebraska in 1854. Montana territory was 
organized in 1864 {see Boundaries, Interior) 



469 



Troubles with lawless elements, who had to be 
overawed by vigilance committees, and with 
raiding and warring Indians, retarded settle- 
ment. After 1877 the era of peaceful develop- 
ment began. The territory was admitted as a 
state on November 8, 1889. 

The constitution provides for executive, leg- 
islative, and judicial departments. The su- 
preme executive power is vested in the govern- 
or, "who shall see that the laws are faithfully 
executed." He is commander-in-chief of the 
militia, appoints various officers with the con- 
sent of the senate, and fills vacancies in the 
chief state offices by appointment. He has the 
power to grant pardons, to remit fines and for- 
feitures, to commute punishments, provided his 
acts in these matters are approved by a board 
of pardons, consisting of the secretary of state, 
attorney general, and state auditor. He has a 
general suspensive veto and may likewise veto 
items in appropriation bills. His veto may be 
overcome by a two-thirds vote of the members 
present in each house. The governor, attorney 
general, and secretary of state constitute a 
board of prison commissioners and a board of 
examiners. These three officers together with 
the superintendent of public instruction ad- 
minister the public lands as a board of land 
commissioners. The general control and super- 
vision of the state university and the various 
other state educational institutions is vested 
in a state board of education consisting of the 
governor, attorney general, and superintendent 
of public instruction, together with eight mem- 
bers appointed by the governor for terms of 
four years. All financial powers, however, were 
transferred from the state board of education 
to the state board of examiners by the terms 
of an act passed in 1909. The governor, secre- 
tary of state, treasurer, auditor, and attorney 
general constitute a state board of equalization 
for the adjustment of valuations of taxable 
property among the several counties. 

The legislative assembly consists of a senate, 
whose members are elected for terms of four 
years in such manner that one-half retire in 
each biennium, and a house of representatives, 
the members of which are elected for terms of 
two years. Each county constitutes a senator- 
ial district, while representative districts may 
be altered by new apportionments after each 
census. Eegular sessions of the legislature are 
limited to sixty days, beginning on the first 
Monday of January in odd numbered years. 

The general authority of the legislative as- 
sembly was limited in 1906 by the passage of a 
constitutional amendment for the initiative 
(see) and referendum (see). Eight per cent 
of the legal voters of the state may initiate 
measures, provided that eight per cent of the 
legal voters in each of two-fifths of the coun- 
ties have signed the petition. The referendum 
may be ordered either by act of the legislature 
or by petition signed by five per cent of the 
legal voters of the state, provided that five per 



MONTESQUIEU, POLITICAL THEORIES OF— MONUMENTS, PUBLIC 



cent of the legal voters in each of two-fifths of 
the counties have signed the petition. 

The judicial power of the state is vested in 
the senate as a court of impeachment, a su- 
preme court, district courts, justices of the 
peace, and other inferior municipal courts. 

Local governmental divisions include coun- 
ties, townships, precincts, school and road dis- 
tricts, and municipalities. County commis- 
sioners are three in number and hold office for 
four years. Municipal corporations are classi- 
fied by population, with differing lists of offi- 
cers. Under a law passed in 1909 cities may 



cast for the Republican ticket in 1892, for the 
Democratic in 1896 and 1900, for the Republi- 
can in 1904 and 1908, and for the Democratic 
in 1912. 

Political issues lately prominent include cor- 
poration control, primary election laws (espe- 
cially for United States Senators), employers' 
liability, reform of taxation system, conserva- 
tion of natural resources, the relation of state 
and federal conservation. Population in 1900 
was 376,053. 

See Constitutions, State, Chabactebis- 
tics of; State Goveenments. 




■i&st/- 



REDUCTION 
1873 

Longitude 01 ~Wes>t 



• Boundary of Montana 
Ter. organized 1S6A 

from Washington 



I 

!« 

sir 



Boundaries op the State of Montana, Showing Territorial Changes 



adopt the commission form of government {see 
Commission System of City Government), 
and Missoula did so in 1911. Bozeman voted 
adversely on the system in 1912. 

Universal manhood suffrage exists. Women 
hold school offices and vote in school elections. 
Women who are taxpayers and have the quali- 
fications for the right of suffrage required of 
men are privileged to vote upon all questions 
submitted to the vote of taxpayers. 

Public, free, common schools are maintained 
in each organized district for at least three 
months in each year. Attendance is compul- 
sory between the ages of eight and fourteen. 
Special educational institutions for the blind, 
deaf and mute, orphans, and delinquent chil- 
dren are supported by the state. A state uni- 
versity, a school of mines, a normal school, a 
college of agriculture and mechanic arts, com- 
prise the institutions of higher education. 
Funds derived from the public lands appropri- 
ated by Congress for the purpose very largely 
support the educational system. 

Democrats, or Democrats and Populists, have 
mostly controlled the state administration. Re- 
publicans were successful in 1893. They also 
elected their state officers, except the governor, 
in 1908. The entire state ticket elected in 
1912 was Democratic. The electoral vote was 



470 



References: H. H. Bancroft, Washington, 
Idaho and Montana (1890), 589-808; Montana 
Historical Society, Contributions (1877-1910) ; 
F. N. Thorpe, Federal and State Constitutions 
(1909), IV, 2281-2342. C. A. Duniway. 

MONTESQUIEU, POLITICAL THEORIES 
OF. See Political Theoeies of Continental 
Publicists. 

MONUMENTS, PUBLIC. Objects, generally 
masonry structures, which are maintained 
in public places to commemorate men, times, 
or events. Expressing sentiment, they origi- 
nate in impulses from the most varied sources 
and have a correspondingly varied relation to 
governmental machinery. The final responsi- 
bility for their design rests on those who pay 
for them, who may be private individuals, by 
gift or general subscription, or any govern- 
mental appropriating body; but the responsi- 
bility is generally delegated, for each monu- 
ment, to a special committee or commission 
with full powers. This, in turn, normally em- 
ploys a designer, usually an architect or sculp- 
tor, often selected by competition, and fixes up- 
on him the professional responsibility for the 
design. There is a growing tendency to apply 
to the designs a critical scrutiny on behalf of 



MOREY LETTER— MORRIS, GOUVERNEUR 



the public, independent of the party furnishing 
the funds. The usual means of applying this 
scrutiny is an art commission (see), having 
a more or less complete veto power as to the 
erection of monuments and certain other works 
of art in case the designs are not approved. 
Among notable monuments erected outside - of 
public funds, are the Bunker Hill, Grant's 
Tomb, Lincoln (Chicago), Labor (San Fran- 
cisco) ; among the most striking public struc- 
tures are the Washington Monument (Wash- 
ington) and the Lee Monument (Richmond). 
See Art Commissions; Boulevard; City 
Planning. Frederick Law Olmsted. 

MOREY LETTER. A letter forged over the 
name of James A. Garfield (see) Republican 
presidential candidate, published in a New 
York paper called Truth shortly before the elec- 
tion of 1880, favoring the employment of cheap 
Chinese labor, addressed to a fictitious "H. L. 
Morey, Employers' Union, Lynn, Massachu- 
setts." O. C. H. 

MORNING HOUR. The morning hour is 
one of the stages in the regular order of busi- 
ness in Congress (Rule XXIV, § 4), and is 
devoted to the consideration of bills called up 
by committees from the House calendar, that 
is, public bills other than those relating to the 
revenue or appropriations. See Calendar 
Wednesday; Rules of Congress. References: 
A. C. Hinds, Precedents of the House of Repre- 
sentatives (1907-1908), IV, §§ 3118-3135, 
3141; C. A. Beard, Am. Government and Poli- 
tics (1910), 286. A. N. H. 

MORRILL GRANT FOR AGRICULTURAL 
COLLEGES. In 1857, Representative Morrill 
of Vermont (later Senator) introduced into 
Congress a bill to provide for the founding of 
colleges in the different states for the benefit 
of agriculture and the mechanic arts. The bill 
had a devious history; was passed by Congress 
in 1859 and vetoed by President Buchanan. In 
~1861, Mr. Morrill again introduced the bill, and 
it became a law by the signature of President 
Lincoln in 1862. Subsequent acts have supple- 
mented and extended it. See Agriculture, 
Relations of Government to; Education, 
Agricultural; Educational Land Grants. 

L. H. B. 

MORRILL, JUSTIN SMITH. Justin S. Mor- 
rill (1810-1898) was born at Strafford, Vt., 
April 14, 1810. He was engaged in business 
until 1848, when he devoted himself to agri- 
culture. He was elected to Congress in 1855, 
and sat in the House as a Republican until 
1867. In 1857 he introduced a bill for the 
establishment of state colleges of agriculture 
and mechanic arts, and making grants of pub- 
lic land for their support. The measure final- 
ly became law in 1861. He was also the chief 
author of the "Morrill tariff" of March, 1861, 



embodying the new Republican theory of pro- 
tection; but as the bill had been framed in 
the spring of I860, when civil war was not 
looked for, it failed to meet the needs of the 
treasury for revenue. He strongly opposed the 
issuance of legal tender notes. In 1867 he was 
elected United States Senator from Vermont, 
and held the seat until his death in 1898. He 
was long chairman of the Senate committee on 
finance, and was looked upon as an authority 
on financial questions. In the tariff debates 
of 1883 he was one of the most prominent 
champions of protection. He died at Washing- 
ton, December 28, 1898. See Morrill Grant 
for Agricultural Colleges. References: D. 
R. Dewey, Financial Hist, of the U. S. (1907), 
ch. xi, xviii; F. W. Taussig, Tariff Hist, of the 
U. S. (1910); E. Stanwood, American Tariff 
Controversies (1903). W. MacD. 

MORRILL TARIFF. The Morrill tariff was 
enacted March 2, 1861, receiving its designa- 
tion from Justin S. Morrill, Representative 
from Vermont and chairman of the House com- 
mittee on ways and means. Duties had been 
lowered by the tariff of 1857, but the panic of 
that year and increasing expenditures led to 
treasury deficits. The new act, as measured 
by later standards, was but moderately pro- 
tectionist in character. Passed by the Republi- 
can House before the presidential election of 
1860, it was in line with the platform of that 
year, and undoubtedly served a political pur- 
pose in winning support in manufacturing 
states for the Republican ticket. The rates 
were substantially those of the Walker tariff 
of 1846, higher, to be sure, than those of 1857, 
but later regarded as representative of free 
trade Democracy. The protectionist principle, 
however, was emphasized in the reintroduction 
of specific duties (see) on many commodities 
which were subject to undervaluation and 
fraud. As the Civil War broke out shortly 
after the passage of the act, and new legisla- 
tion was required, the Morrill tariff had but 
a brief existence. See Morrill, Justin S. ; Re- 
publican Party; Tariff Legislation, Fram- 
ing of; Tariff Policy of the United 
States. Reference: E. Stanwood, Am. Tariff 
Controversies (1903), II, 120-126. 

D. R. D. 

MORRIS, GOUVERNEUR. Gouverneur Mor- 
ris (1752-1816), financier and diplomatist, 
was born at Morrisania, N. Y. January 31, 
1752. In 1771 he was admitted to the bar. 
At the beginning of the struggle with Great 
Britain he opposed radical and violent meas- 
ures, and did not at once identify himself with 
the patriotic cause. He was a prominent mem- 
ber, however, of the New York provincial con- 
gress of 1775; and in 1777 was chairman of 
the committee which drafted a state constitu- 
tion. In the same year he became a member 
of the Continental Congress, where he served 



471 



MORRIS, ROBERT— MOSQUITO QUESTION 



on numerous important committees, and drew 
up the report and instructions on which the 
treaty of 1783 was principally based. In 1779 
he was defeated for reelection, but in 1780 be- 
came assistant financier under Robert Morris, 
and aided largely in the establishment of the 
Bank of North America {see). In the Fed- 
eral Convention of 1787 he sided with the Fed- 
eralists, and was chairman of the committee 
which gave to the Constitution its final form. 
In 1788 he travelled abroad, and in 1792 was 
appointed minister to France, but in 1794, 
after the dismissal of Genet, was recalled at the 
request of France. From 1800 to 1803 he was 
a Senator from New York. He died at Morris- 
ania, November 6, 1816. See Fedekal Conven- 
tion. References: A. C. Morris, Diary and 
Letters of Gouverneur Morris (1888) ; J. 
Sparks, Life of Gouverneur Morris (1832) ; T. 
Roosevelt, Gouverneur Morris (rev. ed., 1898). 

W. MacD. 

MORRIS, ROBERT. Robert Morris (1734- 
1806) was born at Liverpool, England, Janu- 
ary 20 (O. S.), 1734. . In 1748 he came to 
America and engaged in business at Phila- 
delphia. He opposed the Stamp Act, signed a 
non-importation agreement, and in 1766 was 
appointed port warden. In 1775 he became a 
member of the Pennsylvania council of safety, 
and Was also elected to the assembly, where 
he served on the committee of correspondence. 
In the same year he was chosen a delegate to 
the Continental Congress, being reelected in 
1776 and 1778. He was opposed to independ- 
ence, and on July 4 declined to vote on the 
adoption of the Declaration; but he subse- 
quently signed the document. In 1778 he 
signed, on behalf of Pennsylvania, the Articles 
of Confederation. 

His business ability and great wealth, gave 
him, from the first, unusual prominence in Con- 
gress, and he was active in measures for the 
financial support of the government; but he 
was also severely criticized for profiting by 
public commercial transactions which were 
much mixed with private business. In 1781 
he was chosen by Congress superintendent of 
finance, and in the same year organized the 
Bank of North America (see). He retired in 
1784. He was a member of the Federal Con- 
vention of 1787, and from 1789 to 1795 was a 
United States Senator. He died in poverty at 
Philadelphia, May 8, 1806. See Treasury De- 
partment. References: W. G. Sumner, The 
Financier and the Finances of the Am. Revo- 
lution (1891) ; E. B. Oberholtzer, Robert Mor- 
ris, Patriot and Financier (1903). 

W. MacD. 

MORTGAGE TAXATION. See Tax on 

Mortgages. 



MORTON, OLIVER P. Oliver P. Morton 
(1823-1877) ranks; among the ablest of a 



notable group of governors of American com- 
monwealths during the period of the Civil 
War. He participated in the convention at 
Pittsburgh in February, 1856, by which the 
foundations were laid for the organization of 
the national Republican party, and his cam- 
paign for the governorship of his native state, 
Indiana, during the same year, although un- 
successful, contributed distinctly to the con- 
solidation of the party in the Middle West. 
January 16, 1861, upon the resignation of Gov- 
ernor Lane, Morton, who had been elected in 
1860 to the lieutenant-governorship, succeeded. 
In 1864 he was reelected, and his tenure of the 
office continued until he resigned, in 1867, to 
enter the United States Senate. In the face of 
strong opposition from southern sympathizers 
and, at one time, from an adverse legislature, 
Morton conducted the affairs of the state with 
remarkable skill and brought it about that 
Indiana contributed to the maintenance of the 
Union her full quota of money and of men. 
During the last decade of his life Morton sat 
as a Republican member of the national Senate 
and was recognized as a leader of the radical 
wing of his party. In 1876 he was a formid- 
able candidate for the Republican presidential 
nomination, but was defeated by Hayes. See 
Indiana; Republican Party; War Govern- 
ors. Reference: W. D. Foulke, Life of Oliver 
P. Morton (1899). F. A. Ogg. 

MOSQUITO QUESTION. On the coast of 
Central America, north of the river San Juan, 
lives a tribe of Indians commonly called the 
Mosquitos, and the region is occasionally 
termed Mosquitia, though it has never had an 
organic political existence. The English, when 
they made their settlement at Campeachy, 
about 1655, acquired some small influence over 
the tribe, the political importance of which is 
that their region is so near the San Juan river 
as to command the Nicaraguan route across 
the isthmus. The British exaggerated their 
relation with the Mosquito Indians in the peri- 
od after 1835 when the control of the isthmus 
seemed desirable. In the Clayton-Bulwer 
treaty of 1850 (see) the British agreed not 
to plant colonies in Central America; but after- 
ward claimed that their control over the Mos- 
quito Indians antedated the agreement, and 
therefore they were not controlled by it. 
The United States denied that the British had 
established or could establish any territorial 
claim in the neighborhood of the isthmus 
through their relations with the Mosquito In- 
dians. The matter was substantially adjusted 
in 1860 when the English withdrew from pre- 
tentions to a special status in Honduras and 
Nicaragua; but at intervals since the claim 
has been vainly put forward. By the treaty of 
1860 the English conceded that the Mosquito 
Indians were subjects of Honduras though the 
British Government retains the right to advise 
and to some degree protect them. See Clay* 



472 



MOST FAVORED NATION CLAUSE— MUGWUMPS 



ton-Bulwer Teeaty; Nicaragua Canal Pol- 
icy. References: I. M. Travis, Clay ton-Bulwer 
Treaty (1900) ; L. M. Keasbey, Nicaragua Ca- 
nal and Monroe Doctrine ( 1896 ) ; W. E. Cur- 
tis, U. 8. and Foreign Powers (1899); J. B. 
Moore, Digest of Int. Law (1906), III, §§ 354, 
367; bibliography in Channing, Hart and Tur- 
ner Guide to Am. Hist. (1912), § 224; A. B. 
Hart, Manual (1908), § 86. A. B. H. 

MOST FAVORED NATION CLAUSE. This 
is a clause commonly found in modern commer- 
cial treaties by which each contracting power 
agrees to give to the nationals of the other as 
favorable treatment as has been or may there- 
after be given to the nationals of any other 
state. Its purpose is to prevent discrimina- 
tion and to gain positive commercial advan- 
tages. As commercial treaties have to do not 
only with commerce in the narrow sense but 
also with navigation and the civil rights of 
nationals, it follows that customs tariffs, navi- 
gation laws, rights of property, real and per- 
sonal (including copyrights), and personal 
rights (including those of residence but not 
those of extradition ) , are largely determined by 
the various subsisting most favored nation 
clauses. The countries of the world are bound 
together by a network of commercial treaties, 
each of which usually contains a most favored 
nation clause. 

During the eighteenth century the clause 
came into frequent use and is found in the first 
commercial treaty negotiated by the United 
States, that of 1778 with France. Several 
forms of the clause were developed during the 
last century largely through the divergent tar- 
iff policies of the various countries. Produc- 
tive of much dispute is the so-called simple 
reciprocal form of the clause: 

The high contracting parties agree that In all 
that concerns commerce and navigation, favors 
which either has granted, or may hereafter grant 
to any other state shall be granted to the other 
party. 

This form is the one which is most favored 
By Great Britain. It has been interpret- 
ed in two ways. Those countries which 
favor a regime of free trade construe it strict- 
ly and claim that all grants under the clause 
are gratuitous and are extended without re- 
ciprocal concessions. Great Britain leads in 
this contention. On the other hand, countries 
which hold to a system of protection have taken 
the position that the most favored nation clause 
covers only those favors which have been ex- 
tended to other countries gratuitously and that 
therefore concessions made with such other 
countries for a consideration (e. g., reciprocal 
tariff-concessions) are not covered by the terms, 
and do not come within the meaning of the 
clause. This has been . the position of the 
United States since 1817 and, although in re- 
cent times it has become somewhat exceptional, 
the practice of other nations, except Great 
Britain, has not been so uniformly at variance 



with it that it can be termed a violation either 
of international law or of treaty faith. 

See Commerce, International; Treaties 
in International Law. 

References: J. R. Herod, Most Favored Na- 
tion Treatment (1901) ; S. K. Hornbeck, "Most 
Favored Nation Clause" in Am. Jour, of Int. 
Law (1909), 395-422; 619-647; 787-827; Vis- 
ser, "La Clause de la Nation la plus favorisee" 
in Revue de Droit Int. ( 1902 ) , 66-87 ; 159-177 ; 
270-280; J. B. Moore, Digest of Int. Law 
(1906), V, 257-319; F. Wharton, Int. Law Di- 
gest (1887), II, 37-43. J. S. Reeves. 

MOVING PICTURES. The development of 
cineomatograph, or moving pictures, since 
about 1900, has revolutionized amusements in 
America. The prices are very low, the attend- 
ance enormous, and the influence upon society 
is portentous. The moving pictures have be- 
come the books, the illustrations, and the travel 
of millions of people. At first the selection of 
films depended solely upon the proprietors, who 
often exhibited pictures representing violent 
crimes, over-exciting adventures, and sometimes 
indecent scenes. The matter was taken up by 
a private philanthropic society in New York 
City, which formed relations with the concerns 
furnishing the pictures, and persuaded them 
that the approval of censors would better their 
market for pictures. Many cities have passed 
ordinances for the license of moving picture 
shows authorizing the closing of places which 
continue to show pictures condemned by the 
proper authority. July 31, 1912, Congress 
passed a statute forbidding the interstate 
transportation of moving picture films repre- 
senting prize fights. See Amusements, Regu- 
lation of; Public Morals, Care of. 

A. B. H. 

MUCK-RAKING. A term which gained gen- 
eral currency since 1905 to denote the numer- 
ous indiscriminate attacks by newspaper and 
magazine writers upon men in governmental 
and financial circles; used also to denote the 
uncovering of the scandalous and unsavory side 
of society merely for satisfaction of depraved 
interest. The term is taken from the descrip- 
tion of the man with a "muck rake" in Bun- 
yon's Pilgrim's Progress. O. C H. 

MUD-SILL. A contemptuous nickname com- 
mon in the South, just before and during the 
Civil War, applied to the working classes in 
the North. The reference by a United States 
Senator to the working classes as "mud-sills" 
(meaning the foundation of society) gave rise 
to the phrase. Also "Mud Sill Clubs" was a 
name given to associations of union working- 
men in California in 1858. O. C. H. 

MUGWUMPS. The term "mugwumps" was 
applied to the independent Republicans in 1884, 
who refused to support the candidacy of James 



473 



MUHLENBERG, FREDERICK AUGUSTUS CONRAD— MUNICIPAL FRANCHISES 



G. Blaine {see) for President. The name has 
come to be applied to any independent voter. 
The opposition to Blaine was mainly caused by 
his attitude toward certain reforms, especially 
those in the civil service. The reformers sup- 
ported George F. Edmunds (see) in the con- 
vention, and after the nomination of Blaine, 
some supported the nominee, but the Mug- 
wumps joined with the Democracy, and sup- 
ported Cleveland. Among the Mugwumps were 
such prominent men as George William Curtis, 
Thomas Wentworth Higginson, Charles W. 
Eliot, and, others. Blaine was accused of bring- 
ing about the defeat of appropriations for the 
civil service commission in Grant's administra- 
tion; being a professional politician and spoils- 
man; and in general of representing low ideals 
in public life. Cleveland received the Mug- 
wump vote in New York, and this was enough 
to make him President, since a change of 575 
votes in that state would have changed the 
result of the election. See Republican Party. 
References: J. A. Woodburn, Pol. Parties and 
Party Problems (1903), 141; E. E. Sparks, 
National Development (1907), 337; E. Stan- 
wood, Hist, of the Presidency ( 1898 ) , ch. xxvii. 

T. N. H. 

MUHLENBERG, FREDERICK AUGUSTUS 
CONRAD. Frederick A. C. Muhlenberg (1750- 
1801) was born at New Providence (now 
Trappe), Pa., January 1, 1750. He was edu- 
cated in Germany, and in 1770 was ordained 
to the Lutheran ministry. He was pastor of 
a Lutheran church in New York City from 
1773 to 1776, being then obliged to leave on 
account of his sympathy with the patriot cause. 
He removed to Pennsylvania, and continued 
in ministerial work until 1779, when he was 
elected a delegate to the Continental Congress 
in order that the German element in the state 
might have a representative. He then retired 
from the ministry, and amassed a fortune in 
business. He was treasurer of Pennsylvania, 
twice speaker of the lower house of the legis- 
lature, and president of the convention which 
ratified the Federal Constitution. In 1789 he 
was elected to Congress, and was at once cho- 
sen Speaker of the House, filling that office 
from 1789 to 1791 and 1793 to 1795, during 
the latter term being allied with the Republi- 
cans. April 29, 1796, his vote as chairman 
of the committee of the whole achieved the ap- 
proval of the Jay treaty by the House. His 
membership in Congress ceased in 1797. He 
died at Lancaster, Pa., June 4, 1801. See 
Speaker of the House. Reference: M. P. 
House (1896). 

W. MacD. 

MULFORD, ELISHA. Elisha Mulford 
(1833-1885) was born at Montrose, Pa., No- 
vember 19, 1833. He studied law and theology 
in this country and in Europe, and in 1862 
was ordained a priest of the Protestant Episco 



pal church. He withdrew from active minis- 
terial service in 1864 to engage in literary 
work. From 1877 to 1881 he was in charge 
of a mission at Friendsville, Pa., and then re- 
moved to Cambridge, where he lectured on apol- 
ogetics at the Episcopal Theological School. 
His fame as a publicist rests chiefly upon a 
volume entitled The State (1870), a theoretical 
discussion of the state based in part upon 
Trendelenburg and Bluntschli, and uniting, in 
some of its views, the philosophy of Hegel and 
the principles of Christianity. It is one of the 
earliest systematic discussions by an American 
writer of the theory of politics, and one of the 
most thoughtful products of the new national 
spirit which followed the Civil War. Mulford 
died at Cambridge, December 9, 1885. See 
Political Theories of American Publicists, 
Recent. References: H. E. Scudder, "Elisha 
Mulford" in Atlantic, LVII (1886), 362-368; 
T. T. Munger, "Elisha Mulford" in Century, 
XIII (1886), 888-895. W. MacD. 

MULLIGAN LETTERS. A series of letters 
between James G. Blaine and Warren Fisher 
of Boston, brought to public notice by Mulli- 
gan, Fisher's bookkeeper, for the purpose of 
confirming charges of corruption brought 
against Blaine in his alleged connection with 
the Little Rock and Fort Smith Railroad; and 
which became an important factor in the Re- 
publican nominating convention of 1876 and 
the presidential campaign of 1884. See 
Blaine, James G.; Republican Party. 

O. C. H. 

MULTIPLE STANDARD. This refers to a 
scheme whereby a variety of commodities in- 
stead of gold shall be used as a standard of 
value. In operation it would provide that rec- 
ords of prices of certain commodities be offi- 
cially determined at stated periods, and that a 
debtor should pay his creditor the sum which 
would purchase a quantity of commodities ex- 
actly equivalent in amount to that which 
might have been purchased at the price level 
at the time the debt was incurred. See Money, 
Theory of; Silver Coinage Controversy. 
References: W. S. Jevons, Money and the Mech- 
anism of Exchange (1883), 328-333; F. W. 
Taussig, Principles of Economics (1911), I, 
302-303. 



MUNICIPAL BOARD. 

IPAL. 



D. R. D. 



See Boards, Munic- 



MUNICIPAL 
Municipal. 



COUNCIL. See Council, 



MUNICIPAL FINANCE IN GREAT BRIT- 
AIN. See Local Government in England. 

MUNICIPAL FRANCHISES. Privileges 
granted and regulations imposed upon individ- 
uals or corporations carrying on public utili- 



474 



MUNICIPAL GOVERNMENT, FUNCTIONS OF 



ties enterprises ■within the municipality. Such 
franchises are granted either by the state, or 
by the municipality to which the state has 
delegated the right. The more important fran- 
chise grants apply to transportation, gas, elec- 
tric lights, telephone, and water supply. See 



Franchises, Corporation; Public Utili- 
ties; Telephones, Regulation of; Transit 
in Cities; Water Supply. References: D. F. 
Wilcox, Municipal Franchises (1910-1911) ; 
C. L. King, Regulation of Municipal Utilities 
(1912). 0. C. H. 



MUNICIPAL GOVERNMENT, FUNCTIONS OF 



General Classification of Functions. — The 
functions of city and village government must 
be distinguished, in the first place, from the 
national, state, county and town functions that 
lie behind them, and, in the second place, from 
the individual and private functions that lie 
before them. The city sometimes absorbs the 
functions of the underlying local subdivisions 
and generally, in the United States, is the 
agent for the performance of state functions 
in the locality. The functions peculiar to cities 
are the result of congestion of population (see 
Population). These functions are for the 
most part the outgrowth of town functions, 
so increased in complexity and importance by 
the conditions of city life as to have lost 
their original appearance, and, in some cases, 
their original character. Besides these func- 
tions, however, the city has some that are new, 
and the number increases both with the growth 
of individual cities and with the passage of 
time and increasing enlightenment. The mere 
congestion of population multiplies the coop- 
erations that are convenient and necessary to 
life; and the advantages to be derived from the 
organization of such cooperations politically 
(that is to say, in terms of municipal control) 
become more and more obvious as a city emerg- 
es from its first generation of rapid growth 
and settles down to a permanent basis of life. 
As in the case of the individual, a city is at 
first concerned almost entirely with economic 
problems, but sooner or later finds itself ab- 
sorbed in the problems of reproduction. 

A description of municipal functions should 
take into consideration the following classes: 
(1) underlying functions of local government 
not resulting from urban conditions; (2) func- 
tions performed by municipalities as adminis- 
trative agents of the central state government; 
(3) economic functions arising from congestion 
of population; (4) functions of reproduction 
arising from congestion of population; (5) sec- 
ondary functions, which provide the means for 
fulfilling the functions that are ends in them- 
selves. 

Underlying Functions of Local Govern- 
ment. — These include the maintenance of ele- 
mentary schools, the building of roads and 
bridges, drainage and the keeping of the peace, 
which are universal functions. In political 
communities such as those of New England, the 
activities of the town (see) in its corporate ca- 
79 47 



pacity are likely to multiply but in all cases 
the functions of the rural municipality are 
comparatively simple. While in many cases 
the underlying political organization g£ the 
town and school district survives the establish- 
ment of a municipal government proper, this 
is not a typical development, especially as 
cities become large. In most instances, the 
simple rural functions above described are ab- 
sorbed by the political organization of the 
cities and become the basis of great city de- 
partments. 

Functions Performed by Municipal Corpora- 
tions as Agents of the Central State Govern- 
ment. — The fact that in American law the city 
is regarded wholly as the creature of the legis- 
lature, except in the comparatively few com- 
monwealths where cities have been given a 
constitutional status, makes it difficult to de- 
limit with exactness the spheres of state and 
local government ( see City and the State ) . 
Generally speaking, the administration of jus- 
tice, the prevention and punishment of crime, 
the suppression of vice, the protection of the 
public health against contagious diseases (see 
Public Health ) , and the care of the dependent 
and defective classes (see Social Reform 
Problems), are considered to be state func- 
tions, the performance of which is for the most 
part delegated to the local authorities as agents 
of the state. Education in its larger aspects 
is also generally regarded as a state function, 
but the tendency everywhere in urban communi- 
ties is for the local government to develop this 
function far beyond the minimum of efficiency 
prescribed by the state. Connected with the 
suppression of vice is the enforcement of the 
excise law (see Liquor Legislation) and oth- 
er restrictive measures calculated to promote 
morality and to lessen the temptations of 
youth. In this field there is frequently a divi- 
sion of responsibility between the local authori- 
ties proper and the immediate agents of the 
central government. In most American com- 
munities the state functions just described are 
performed in large part by the county govern- 
ments; and it is only in a very few cases that 
the county government (see) has been com- 
pletely absorbed by the city government. In 
these exceptional cases the city governments 
exercise the further function of keeping the 
records of title to property and of leases, con- 
tracts and mortgages, thus performing a state 



MUNICIPAL GOVERNMENT, FUNCTIONS OF 



function of universal importance which lies at 
the very basis of industrial life and the orderly 
business relations of men (see Social Reform 
Peoblems ) . 

Economic Functions Arising out of the Ne- 
cessities of Congested Life. — A city is primar- 
ily an economic unit and the opportunity for 
profit is the driving force that makes cities 
grow. It is fundamentally because men, by 
means of aggregation, intimate organization 
and cooperation in cities are able to get more 
economic return for the efforts put forth than 
they could by similar efforts if widely scat- 
tered and unorganized, that they flock together 
in urban communities (see Congestion in 
Cities ) . Along with the many economic ad- 
vantages of city life go certain important eco- 
nomic disadvantages which must be overcome. 
It is this fact that gives rise to what we have 
called the city's economic functions. These 
may be classified as follows: 

(1) Most obvious of all and lying at the 
very heart of the municipal problem is the 
laying out of the city's plan. Heretofore this 
function has been left largely to private or 
individual initiative in American cities. It is 
now being recognized, however, that upon the 
general groundwork of the city's plan depends 
in great measure the industrial as well as the 
aesthetic economies of city life. City planning 
includes the laying out of streets and avenues, 
the reservation of areas for public grounds, the 
grouping of public buildings and, in general, 
the making of the city map in the largest sense 
of that term (see City Planning). 

(2) Next in fundamental importance comes 
the construction and maintenance of streets. 
City streets, although they have grOwn out of 
rural highways, have become much more com- 
plex in their structure and uses, are much more 
numerous in relation to a given area, and are 
subjected to burdens of traffic not dreamed of 
in connection with country roads. The con- 
struction and maintenance of streets includes 
grading, paving, curbing, building of side- 
walks, planting and care of shade trees, street 
cleaning, sprinkling or oiling to keep down the 
dust, drainage and lighting. This general func- 
tion also logically includes the construction of 
bridges and the elimination of grade crossings 
(see Pavements; Streets). 

(3) Another economic function and one that 
is almost wholly the outgrowth of city condi- 
tions is the removal of the city's wastes. This 
includes sewerage, the removal of street sweep- 
ings, garbage, ashes, refuse and dead animals 
and even the disposition of the human dead 
by means of cemeteries and crematories. Nat- 
urally the removal of waste is a sheer expense, 
but in some cases means have been devised, 
such as sewage farms, reduction plants and in- 
cinerators, by which the wastes are made pro- 
ductive ( see Sewers ; Street Cleaning ) . 

(4) Another function growing out of the 
congested conditions of urban life and made 



practicable by the existence of a complex street 
system in which permanent fixtures can be 
placed is the furnishing of public utilities. In 
American cities the only street utility that is 
almost everywhere supplied by the city is wa- 
ter for both public and private uses. The 
other principal utilities such as electric light 
and power, natural and artificial gas, telephone 
service, transit and central heating are for the 
most part supplied by private companies under 
franchise grants and subject in a greater or 
less degree to municipal regulation (see Light- 
ing; Water Supply). 

(5) The city is itself a terminal and within 
it are located the special terminals required for 
railroad transportation, water traffic and the 
local distribution of goods. Railroad termin- 
als, including depots, yards and spur tracks, 
are seldom owned by the city (see Public Own- 
ership). Docks (see) and harbors (see), 
however, are always the subject of municipal 
concern and in some cases are wholly or partly 
owned and operated by the city. 

(6) Markets (see) are usually maintained 
by the municipality. The supply and distribu- 
tion of food products for the daily needs of a 
great city is a function that is ordinarily left 
to private initiative, but one that is necessarily 
subjected to strict municipal supervision (see 
Pure Food). The city's function in this re- 
spect takes the form of the inspection of dairies 
and milk, the provision or regulation of slaugh- 
ter houses and the inspection of meat, fruits, 
vegetables and other food products offered for 
sale (see Inspection as a Function of Gov- 
ernment) . 

(7) One of the most important economic 
functions of the city is the establishment and 
enforcement of building regulations. So far 
as this relates to safety in the construction of 
big hotels, theaters, office buildings, factories, 
etc., cities have long recognized their right and 
duty to approve the plans and supervise con- 
struction in a limited way. Little, however, 
has been done to limit the height of office 
buildings or to regulate the construction of 
residences, whether single houses or tenements. 
The logical development of this function is re- 
lated to city planning, the provision of public 
utilities, health, safety from fire, economic effi- 
ciency and many other problems of city life 
(see Building Laws). 

(8) A great cooperative function that uni- 
versally devolves upon the municipality is the 
maintenance of a ' department for the purpose 
of protecting property and life from the rav- 
ages of fire. The fire service is one of the most 
picturesque of all municipal services and its 
appeal to the civic imagination is so strong as 
to render it one of the principal sources of 
civic emotion and intelligent municipal spirit 
(see Fire Protection). 

(9) While the protection of life and prop- 
erty against crime is strictly a state function, 
nevertheless the police force, with this function 



476 



MUNICIPAL GOVERNMENT, FUNCTIONS OF 



as its central business, always constitutes one 
of the great city departments. The suppres- 
sion of vice and the maintenance of public or- 
der are particularly necessary in congested 
communities (see Delinquency). The police 
also have certain important cooperative func- 
tions, such as the guidance of traffic in the 
streets, the assistance of strangers and women 
and children, the rendering of first aid in case 
of accident, etc. (see Police in American 
Cities ) . 

(10) The protection of the public health 
against epidemics is recognized as a state func- 
tion, but, as in the case of the police, the city 
health department has many functions that are 
an outgrowth of the -conditions of urban life. 
These include the abatement of nuisances, the 
care of the dependent sick, the distribution of 
medicines and sanitary advice, the mainte- 
nance of hospitals, etc. {see Health, Public, 
Regulation of). In many respects the activ- 
ities of the health department are related to 
certain other functions such as the removal of 
wastes, the inspection of food, building regu- 
lation and the suppression of vice. 

(11) Another function seldom recognized as 
an economic function is the provision of public 
recreation for adults. This includes the main- 
tenance of parks, boulevards and speedways, 
museums, art galleries, bathing beaches and 
municipal theaters and the furnishing of pub- 
lie concerts and civic pageants. Recreation is 
here classed as an economic function of cities 
because the reaction from labor, whether of 
the hand or of the brain, which seeks an outlet 
in recreation is checked or diverted into harm- 
ful channels by the conditions of city life un- 
less there is some public or cooperative pro- 
vision for recreation on a large scale along 
rational lines. The result of such diversion is 
an impairment of health and a weakening of 
the economic efficiency of the people (see 
Amusements, Public ; Playgrounds ) . 

Reproductive Functions. — Under this heading 
are to be classed all of those activities of the 
city which are the direct outgrowth of the 
presence of children in the city and the neces- 
sity of rearing them from birth to maturity 
in such a way as to reproduce with each new 
generation, the physical vigor, the moral stam- 
ina and the intelligence and intellectual vigor 
of the preceding generation. As cities increase 
in age and size the problems of reproduc- 
tion press upon them more insistently 
and the reproductive functions command 
a continually larger proportion of mu- 
nicipal endeavor. These functions include, first 
of all, the maintenance of the public schools, 
which are by far the most expensive single 
department of city government. As the physi- 
cal environment of the home narrows by reason 
of congestion of population, the functions of 
the public school necessarily expand to include 
not only the elements of book learning but also 
the training of the body and the teaching of 



trades and useful occupations (see Educa- 
tion). Another reproductive function is the 
provision of public playgrounds (see) and the 
supervision of children's play. It is only with- 
in comparatively recent years that any general 
effort has been made by municipalities to per- 
form this function. Even now, the problem of 
furnishing play-room and getting play organ- 
ized to meet the demands of urban conditions 
has hardly been touched. The city has a spe- 
cial problem in the maintenance of children's 
institutions for the care of orphans, defectives 
and dependents and in the maintenance of 
farms and colonies for the cure of sick chil- 
dren and the reformation of delinquent ones. 
Juvenile courts (see Court, Juvenile) play an 
important function in cities. 

Secondary Functions. — Not because of their 
unimportance, but because they are undertaken 
for the purpose of enabling the city to perform 
its other functions such as those already de- 
scribed, taxation, municipal accounting and au- 
diting, inspection and supervision of municipal 
work, civil service regulation, local pri- 
maries and elections and the provision of pub- 
lic buildings are classed as secondary functions. 
The function of taxation, including the assess- 
ment of property and the distribution of the 
burdens and benefits of government through the 
budget, is so fundamentally important in its 
effect upon the economic and moral life of the 
community as to take first rank, although a 
secondary function (see Assessment of Tax- 
es; Revenue, Public, Collection of; Taxa- 
tion). The other secondary functions men- 
tioned above are also important, but their im- 
portance is practically as a means to an end, 
namely, the efficient performance of the pri- 
mary functions of city government. 

See Boards, Municipal; Charters, Munic- 
ipal; City Planning; City and the State; 
Legislation and Legislative Problems in 
Cities; Local Self-Government ; Mayor and 
Executive Power in American Cities; Mu- 
nicipal Government in the United States, 
Organization of; Ordinances, Municipal; 
Police in American Cities. 

References: M. R. Maltbie, "Municipal 
Functions" in Municipal Affairs, II, No. 4 
(1898); J. A. Fairlie, Municipal Administra- 
tion (1901), Pt. II; M. N. Baker, Municipal 
Engineering and Sanitation (1901) : D. F. 
Wilcox, Study of City Government (1897), ch. 
ii, Am. City (1904), chs. ii-vii; Jane Addams, 
Spirit of Youth and the City Streets (1909) ; 
F. J. Goodnow, City Government (1904), ch. 
ii ; J. F. Dillon, Municipal Corporations 
(1911), ch. xv-xviii; E. W. Bemis, Municipal 
Monopolies (1899) ; C. Zeublin, Am. Municipal 
Progress (1902) ; F. Parsons, City for the 
People (1901) ; N. Matthews, City Government 
of Boston (1895) ; Vigilant Committee in Mu- 
nicipal Affairs, Report (1877), III, 434-454; 
Am. Year Booh) 1910, and year by year. 

Delos F. Wilcox. 



477 



MUNICIPAL GOVERNMENT IN CONTINENTAL EUROPE 



MUNICIPAL GOVERNMENT IN CONTINENTAL EUROPE 



The French Republic. — The municipal system 
of the French Eepublic rests upon the munic- 
ipal code of 1884 ("La Loi Municipale du 5 
avril, 1884"), the provisions of which apply 
to every municipality in France with the single 
exception of Paris. By the terms of the munic- 
ipal code the unit of French local government 
is the commune, a term which includes about 
36,000 municipalities ranging in size from 
large cities like Marseilles and Bordeaux with 
populations exceeding a quarter of a million to 
small rural hamlets with less than fifty inhab- 
itants. All communes, large and small, are 
administered in substantially the same way. 

The organ of communal administration is a 
council which includes a mayor (see Mayor 
in European Cities), one or more assistant 
mayors (adjoints) , and a number of council- 
men. The councillors are elected by popular 
vote for a four-year term. The election may be 
by wards in communes of over 10,000; but ex- 
cept in the great cities councillors are, as a 
rule, elected at large. The municipal code es- 
tablished manhood suffrage for municipal elec- 
tions. Any male French citizen, twenty-one 
years of age, who has been for six months a 
resident of the commune is entitled to vote. 
The residence requirement, moreover, does not 
apply in the case of those who pay any one of 
txie four chief tax rates levied by the munici- 
pality, so that a citizen who has his place of 
business in one commune and his place of resi- 
dence in another may vote in either, although 
not in both. 

The elections are held on the first Sunday 
in May, and are conducted by secret ballot; 
but no official ballots are printed, for no offi- 
cial nominations are made. Each voter is pre- 
sumed to write his own ballot; but in practice 
printed ballots, provided by party organiza- 
tions, are distributed among the voters on elec- 
tion day. To be elected at the » first polling a 
candidate must have received at least one- 
fourth of the entire registered vote and at least 
one-half the total polled vote. If these re- 
quirements are not fulfilled a supplementary 
election is held on the Sunday following, and 
a plurality is sufficient to elect. The elections 
are; for the most part, conducted on party 
lines. 

The number of councilmen varies with the 
size of the commune. It is never less than 
ten, and in the largest cities is uniformly thir- 
ty-six, with the exception of Lyons where it is 
fixed at fifty-four. The councillors, after the 
election, choose from among their own number 
a mayor and one or more adjoints or assistant 
mayors. The smallest communes have but one 
adjoint; the largest have twelve. Lyons, as an 
exceptional case, has seventeen. Both mayor 



and adjoints are chosen for a four-year term, 
and after being selected, retain their member- 
ship in the council. All sit together in the 
same body, the mayor presiding, and all are 
unpaid although the mayor may be given an 
allowance for official expenses. The council 
holds four regular sessions each year, and spe- 
cial sessions when necessary. 

The French municipal council has a wide 
range of powers, most of which may be exer- 
cised only with the approval of the prefect (see 
Prefect in France). It determines the local 
tax levies; makes the appropriations; exer- 
cises a general control over the various munici- 
pal departments; and determines most matters 
of local policy. The actual work of adminis- 
tration and the direct charge of the municipal 
departments is, however, entrusted to the may- 
or and adjoints. 

The mayor of a French city occupies a dual 
position. On the one hand he is the presiding 
officer of the council and the administrative 
head of the commune. In this capacity he pre- 
pares the annual budget; makes practically all 
appointments to municipal offices; and has im- 
mediate charge of the local police subject to 
the supervision of the prefect. On the other 
hand the mayor is the local agent of the cen- 
tral authorities, directly responsible to the pre- 
fect and through him to the minister of the 
interior. In this capacity he performs a vari- 
ety of duties connected with the promulgation 
and enforcement of national laws and decrees; 
the administration of the laws relating to mili- 
tary service; the enrolment of voters; the reg- 
istration of births, marriages and deaths; and 
the working of the educational and poor-relief 
systems. While the mayor is directly responsi- 
ble for the performance of all these functions he 
distributes the work among his adjoints. 
Under the supervision of the adjoints are the 
permanent, paid officials, appointed by the 
mayor, sometimes after competitive examina- 
tion. These are the real factors in local admin- 
istration. The actual administrative power is 
wielded by a corps of experts whom the elec- 
tive laymen entrust with large freedom. 

German Empire. — The German municipal 
system differs considerably in the different 
states which make up the imperial federation; 
but it is practically uniform throughout Prus- 
sia, which is larger and more important than 
all the other states put together. In Prussia 
the present system of city government rests 
upon the city government act of 1853; but this 
code has been amended considerably during 
the past half century. It applies to all urban 
communities — about twelve hundred in number 
—which were recognized as cities (Stadte) in 
1853, or which have been given this status. 



478 



MUNICIPAL GOVERNMENT IN UNITED STATES, HISTORICAL DEVELOPMENT OF 



The government of a German city consists of 
a Bur germeister (or in some cases two such 
officials), a number of administrative magis- 
trates (Stadtrate or Schoffen) , and a body of 
councilmen {Stadtverordneten) . The council- 
lors vary in number with the size of the city. 
Berlin has 144, Dresden 78, Leipsic 72, Munich 
CO, Hanover 24, while the smallest cities have 
12 each. These are elected for a six-year term 
and one-third retire biennially. There are no 
official nominations, and the voting is not se- 
cret. No written or printed ballot is used. A 
clear majority is necessary to an election at 
the first polling; if no candidate receives a 
majority, a supplementary election is held to 
decide between the two candidates who ranked 
highest at the first polling. 

In Prussia the voters are grouped into three 
classes on a basis of their annual tax payments. 
The basis of grouping was formerly very simple 
but the legislation of recent years has so com- 
plicated it that only a long explanaton would 
make it clear. (For a detailed explanation see 
W. B. Munro, Government of European Cities 
[1909], 128-135.) Each of the three classes 
of voters elects an equal number of councilmen, 
but half the councillors must be owners of real 
estate in the city. The three-class system does 
not exist in the German states other than 
Prussia. 

The councillors choose, usually for a six or a 
twelve-year term, a number of administrative 
magistrates who may come from the ranks of 
the council or from outside. The number va- 
ries from six in the smaller cities to twenty- 
nine in Breslau, and thirty-four in Berlin. In 
the larger cities some of these officials are paid 
and give all their time to the city's service. 
The paid officials are put in charge of the city 
departments. Collectively these administrative 
magistrates, paid and unpaid, form the Magis- 
trat or the upper house of the city government. 

The Biir germeister is chosen, for a twelve- 
year term or for life, by the councillors, sub- 
ject to confirmation by the Crown. This con- 
firmation is rarely refused. He is invariably 
an experienced expert in city administration; 
is well paid; and enjoys great security of ten- 
ure. 

The council and the Magistrat exercise most 
municipal powers in concurrence, disagreements 



between them being referred for decision to the 
higher state authorities. Most matters origin- 
ate in the Magistrat, are sent to the council for 
approval, and are then returned to the Magis- 
trat for execution. The immediate conduct of 
all city departments is in the hands of joint- 
committees (Deputationen) of the two bodies. 
To these joint-committees some regular officials 
and some laymen are added. The general ad- 
ministration of city affairs, however, is in all 
parts of the German Empire strictly super- 
vised by the state authorities. 

Italy. — The Italian system of municipal gov- 
ernment is based upon a municipal code of 
1889. The organ of city government is a coun- 
cil which consists of from fifteen to eighty 
members elected by popular vote for a five-year 
term, one-fifth retiring annually. The suffrage 
is restricted by an educational test and a small 
taxpaying qualification. The council meets 
regularly twice a year; and the actual admin- 
istrative work is entrusted to a standing com- 
mittee or Junta which it selects from its own 
membership. It also chooses for a three-year 
term, from its own ranks, a Syndic or mayor 
who is the chief officer of the Junta and the 
executive head of the city. There is close su- 
pervision by the provincial authorities. 

Austria. — Austrian cities have an elective 
council chosen under a system of popular elec- 
tion by which the voters are grouped into four 
classes. The council selects a number of ad- 
ministrative magistrates, as in the German 
cities, but the choice is made from the coun- 
cil's own ranks. A burgomaster is chosen, like- 
wise by the council from its own membership, 
for six years, subject to royal confirmation. 

See Local Government in England; Mayor 
in European Cities; Municipal Government 
in the United States, Organization of. 

References: Albert Shaw, Municipal Govern- 
ment in Continental Europe (1S97) ; W. B. 
Munro, Government of European Cities (1909), 
chs. i, ii; P. W. L. Ashley, Local and Cen- 
tral Government (1906) ; F. J. Goodnow, Com- 
parative Administrative Law (1903) ; L. Mor- 
gand, La loi municipale (8th ed., 1909) ; J. A. 
Fairlie, Essays in Municipal Administration 
(1908), chs. xvi, xvii, xviii; Schriften des Ver- 
eins fur Sozialpolitik (1906-1908), cxvii- 
exxiii. William Bennett Munro. 



MUNICIPAL GOVERNMENT IN THE UNITED STATES, 
HISTORICAL DEVELOPMENT OF 



Colonial Charters. — The type of city govern- 
ment which prevailed in colonial times was 
very much the same as that which existed in 
England at the time. The form of organization 
provided in these colonial charters followed 
somewhat closely that of the royal charters to 
English boroughs. The common council, gen- 



erally consisting of the mayor, recorder, alder- 
men, and assistants (councilmen), exercised 
the principal powers of the city. In addition to 
the functions performed as members of the 
common council, which body had control over 
all administrative matters, the mayor and al 
dermen had certain judicial duties. 



479 



MUNICIPAL GOVERNMENT IN UNITED STATES, HISTORICAL DEVELOPMENT OF 



The earlier theory seems to have been that 
the municipal corporations were not subordi- 
nate to the legislative assemblies of the col- 
onies, for the charters granted by the govern- 
ors were, like those granted by the Crown to 
the English boroughs, regarded in the nature 
of a contract between the executive authority 
and the community incorporated. Regarded in 
this light, the charter was believed to be in- 
capable of amendment except by agreement on 
the part of both parties to the contract. 

During the colonial period (prior to 1775) 
only twenty municipal charters were granted, 
five of these being in New Jersey, while nine 
were granted from 1775 to 1788. No charter 
was granted, however, after 1746 until the 
close of the Revolution. Of the twenty colonial 
charters, only three (Philadelphia, Annapolis, 
and Norfolk) resembled the English system 
prevailing at the time by making the governing 
bodies close corporations. In these three cities 
the aldermen and councilmen held their posi- 
tions for life, the vacancies among the alder- 
men being filled by the common council and 
those among the councilmen by the mayor, re- 
corder, and aldermen. In the other seventeen 
cities, however, the councilmen and generally 
the aldermen were elected by those having the 
franchise; and the mayors were appointed by 
the governor or elected by the council. 

Colonial Authority. — The taxing power was 
lacking in the colonial charters, however, and 
to secure this power resort had to be had to 
the legislature, though it was not recognized 
that the legislative assembly could pass an act 
contrary to the charter provisions. There can 
be seen, however, during this period, the de- 
velopment of certain characteristics which dif- 
ferentiated the municipalities in the colonies 
from those of England, and the way was paved, 
by special grants of power by the assemblies, 
for the future domination of cities by the state 
legislatures. The colonial municipal corpora- 
tions, on account of the narrow powers con- 
ferred on them, did very little along certain 
lines now regarded as most important. For 
example, little, if any, provision was made 
for schools, charities, water supply, and similar 
functions. 

Revolutionary Type of Legislative Char- 
ters. — With the close of the Revolution and 
the formation of independent state govern- 
ments came several changes in municipal gov- 
ernment. The greatest change which followed 
the Revolution was the change in the charter 
granting power. Instead of being granted by 
the state executives, charters were thereafter 
granted by the state legislatures. This differ- 
ence in the method of incorporation was des- 
tined to have an important influence in the 
development of municipal government in the 
United States. For, unlike the contractual re- 
lation which was supposed to exist in the char- 
ters granted by the governors, those granted by 
the legislature were regarded not as a contract, 



but as an ordinary act of legislation which 
was susceptible of amendment whenever the 
legislature saw fit. 

Immediately after the Revolution a number 
of cities secured charters from the legislatures 
of their respective states, but the organization 
and powers provided for in these legislative 
charters followed very closely those of the ex- 
isting municipalities. There were no important 
developments in municipal organization or 
functions in the early charters granted after 
the Revolution. 

The last years of the eighteenth century, 
however, mark the introduction of some very 
important developments in the organization of 
municipal governments. The charter of Balti- 
more, in 1797, and an amendment to the char- 
ter of Philadelphia, in 1796, copied the state 
and national governments by the introduction 
of the bicameral council. The federal system 
was still further imitated by giving the mayor 
the veto power. He was not given the power 
of appointment, since he was restricted to two 
candidates nominated by the council for each 
office. The Baltimore charter also imitated the 
national government by having the mayor and 
one branch of the city council elected by a min- 
iature electoral college. 

Changes down to 1820. — During the first two 
decades of the nineteenth century there were 
no further changes of importance in municipal 
organization, though the new features of the 
Baltimore and Philadelphia charters were 
adopted in some of the charters granted dur- 
ing this period, notably in Detroit and Pitts- 
burgh. Up to this time, the operations of the 
city government had undergone no changes. 
Municipal elections, however, became involved 
in national and state elections during this peri- 
od, though the mayors were not as yet elected 
by the people. 

Summary, 1 780-1 820.— The municipal devel- 
opment from 1780 to 1820 may be summarized 
as follows: the substitution of locally elected 
councils for the close corporations; the supre- 
macy of the legislature over the cities by ex- 
ercising the charter granting power; the in- 
troduction of the bicameral council, veto power 
of the mayor, and other features of the federal 
government; and the subordination of munici- 
pal affairs to the issues of national and state 
politics. 

Elective Mayors. — The period from 1820 to 
1860 brought other changes, one of the most 
important being the election of the mayor by 
the people. Although the first charters which 
provided for the popular election of the mayor 
(Boston, St. Louis, and Detroit) did not confer 
any greater powers on the mayor than general- 
ly belonged to the mayors of other cities, the 
new method of selection gave the mayor a more 
distinct and independent place in the city gov- 
ernment and prepared the way for the larger 
powers to come when council government be- 
came less popular and more unsatisfactory. 



480 



MUNICIPAL GOVERNMENT IN THE UNITED STATES, HISTORICAL DEVELOPMENT OF 



New Relation to State Government. — The 
nineteenth century also witnessed great changes 
in the position occupied by the city in the state 
government; the judicial powers formerly ex- 
ercised by city officials were largely taken over 
by the state. The city government was made 
the agent of the state government for purposes 
of general state administration; for example, 
for the assessment and collection of taxes. The 
functions of the city government as a local 
organization were greatly increased. There 
was a very marked departure from the colonial 
practice in which the cities were to a great 
extent free from central control. The legisla- 
tures, becoming accustomed to interfere in mat- 
ters which were of interest to the state govern- 
ment, extended this interference to matters 
which were of principal, if not exclusive, in- 
terest to the municipalities themselves. Legis- 
lative interference became so great, however, 
that provisions were inserted in a number of 
state constitutions prohibiting special legisla- 
tion in regard to cities. 

Board System.— Prior to 1850, municipal ad- 
ministration was generally under the control 
of the council, which determined the policy of 
the city and elected the executive officers whose 
actions were controlled through council com- 
mittees. About 1850 a very important change 
was made in the system of city government 
which resulted in the ushering in of a new peri- 
od in the development of municipal organiza- 
tion in the United States. This system has 
been called the board system. It decreased the 
powers of the council by giving much of the 
municipal administration to independent 
boards. By 1860, the most important depart- 
ments of municipal government in the larger 
cities were in the hands of boards — largely, if 
not altogether, independent of the council. The 
members of these boards were in some instances 
appointed by the central state government; in 
some, by the mayor; and in some, elected by 
the people of the city. At the time of its 
height, the board was not only independent 
Of the council, but also practically independent 
of the mayor even when appointed by him ; for, 
as a general rule, the members could not be 
removed except for cause. Provision was fre- 
quently made in the statute or charter for 
what are known as the non-partisan and bi- 
partisan (see) boards. 

New Municipal Functions. — During the sec- 
ond quarter of the century the cities assumed 
new functions. In 1845 New York City organ- 
ized the first disciplined police force for any 
American city and a paid fire brigade. Other 
cities followed the example of New York, and 
about this time cities began to construct mu- 
nicipal water works, sewer and park systems. 

State Board System.— The period from 1850 
to 1870 marks a distinct period in American 
municipal history. In addition to the changes 
already noted, the state, in many cases, as- 
sumed control of a number of administrative 



departments of the city government. For ex- 
ample, state boards for the control of the po- 
lice department became quite prevalent, and, 
in a number of cases, the liquor licensing, 
health and other departments were placed un- 
der state commissions. The reason usually 
given for this transfer of matters of local ad- 
ministration to state commissions was mis- 
management and maladministration on the 
part of local authorities. The spoils system 
has been given as the real explanation for state 
commissions and for much of the detailed leg- 
islation for cities, though no doubt maladmin- 
istration did have something to do with it. 
In support of the view that the spoils system 
did have something to do with the real explana- 
tion, it is pointed out that the large cities were 
strategic points, the possession of which was 
of great importance to the national parties. 
This situation was responsible for the complete 
subordination of local to national questions in 
municipal elections; this being made more ef- 
fective in some states by changing the time of 
local elections (which had commonly been in 
the spring) to that of the national elections. 

Summary, 1850-1870. — To summarize, the 
period from 1850 to 1870 is marked by the 
rapid extension of municipal functions, the 
growth of special legislation, the steady decline 
of the council, the disintegration of city gov- 
ernment into independent departments often 
under state commissions, and with no unity or 
harmony of purpose or action, and the grow- 
ing influence of the spoils system. 

Commissioner System. — Prior to 1870, the 
problems of municipal government seem to 
have been met in a haphazard way, with little 
comprehension of the great importance of the 
conditions and problems produced by the large 
aggregations of urban people. Since 1870 more 
serious consideration has been given to these 
problems, and, as a result, many beneficial im- 
provements have been introduced in the munic- 
ipal system. About this time (1870-1880) 
there was a movement to abolish what is known 
as the board system and particularly the state 
appointed boards, for the system had not 
proved satisfactory. It was some time before 
the change became general and even today 
in some cities there may be found state commis 
sions. In a few cities, city appointed boards 
may be found at the head of some of the 
municipal departments, but the general rule is 
to have single heads or commissioners for the 
several departments thus making it possible 
to locate responsibility. 

Home Rule System. — The movement against 
legislative control over municipalities gained 
much headway during the period 1870-1900 by 
the adoption of several constitutional prohibi- 
tions against special legislation. But these 
provisions have been evaded in many states by 
the classification of cities (see), laws being 
passed for a class of cities containing only a 
single city. In a few states (Illinois, Indiana 



481 



MUNICIPAL GOVEKNMENT IN THE UNITED STATES, HISTORICAL DEVELOPMENT OF 



and Ohio) general municipal codes have been 
enacted. Of greater importance, however, was 
the introduction of the principle that cities 
should frame their own charters or what is 
commonly known as "home rule" for cities. The 
Missouri constitution of 1875 was the first to 
grant this authority, and though there has not 
been a general acceptance of this principle on 
the part of the states, there are at the present 
time (1913) nine states (California, Colorado, 
Michigan, Minnesota, Missouri, New York, 
Ohio, Oklahoma, Oregon, Washington) granting 
this power to cities. Five of these constitu- 
tional provisions (Oklahoma, Colorado, Ore- 
gon, Ohio, Michigan) have been adopted in 
the last decade, or more than were adopted in 
all the previous history of the country. 

Responsible Mayor System. — The govern- 
ment of a number of cities was reorganized 
about 1875, one of the features being the con- 
ferring of the power of appointment on the 
mayor, subject to the consent of the council. 
In a number of places the mayor was given 
the power of removal on definite charges. The 
new charter also gave the mayor the veto 
power, subject to a 2/3 or 3/4 vote of the 
council. There was also a tendency to go back 
to a single chambered council. By all these 
changes the power of the council was becoming 
of less and less importance, Chicago being 
almost the only exception among the larger 
cities. 

Merit System. — An innovation in municipal 
government which should be emphasized was 
the introduction of the merit system. Even 
prior to this, the New York charter of 1873 
made a great advance by prohibiting the re- 
moval of members of the police and fire depart- 
ments except for cause, thereby restricting to 
some extent the operations of the spoils system. 
Many cities now have the merit system of ap- 
pointment for subordinate offices. 

Summary, 1880-1910. — The period subse- 
quent to 1880 is marked by charter changes 
in the western states giving the mayor the ab- 
solute power of appointment of the heads of 
many departments without the consent of the 
council, and the power of removal without 
charges for a certain period after appointment. 
Since 1895, in a number of cities the mayor has 
the power of removal without charges during 
his entire term. The changes made about 1880 
and subsequently may be said to have created 
what is known as mayor as contrasted with 
council government. 

Recent Increase in Municipal Functions. — 
Urban population has increased very rapidly 
during the last thirty years, but municipal 
functions have developed even more rapidly. 
Not only have police corps, fire brigades, water 
supplies, street paving, sewer systems, garbage 
disposal, etc., come to be provided for, but new 
standards of efficiency have arisen which have 
required a development greater than can be 
accounted for by the growth of population. 



New fields have been added to municipal activi- 
ties, such as tax supported high schools, li- 
braries, parks, art museums, playgrounds, pub- 
lic concerts, etc. Many cities now operate 
municipal electric light works and a few have 
gas works, docks and piers, and conduits for 
wires, subways, etc. The last ten years have 
witnessed a very remarkable development along 
charitable, social, and sanitary lines, such as 
providing for playgrounds, recreation, housing, 
tuberculosis sanitariums, etc. 

Commission Plan. — The last decade has prob- 
ably seen more remarkable changes in the or- 
ganization of municipal government than any 
similar decade in the history of the country. 
This has been due to the inauguration of what 
has become known as "commission government" 
— not commissions appointed by the governor 
or mayor, nor commissioners at the head of 
the several departments, but commissions elect- 
ed by the people of the entire city. This body 
exercises all the legislative and administrative 
powers of the city. This system was inaugurat- 
ed in Galveston, in 1901, as a result of the 
catastrophe which overwhelmed the city. The 
system seemed to give such satisfaction that 
other cities of Texas copied it. In 1907, Des 
Moines adopted a plan of government similar 
to that of Galveston, but there were added 
other features which have proved very popular ; 
namely, the initiative, the referendum, and the 
recall. These latter provisions had found their 
way into the charters of two or three cities 
prior to this time, but the idea had made little 
progress until linked with the commission plan. 
There are different types of the commission 
plan, but all adopt the same principle of con- 
centration of power and location of responsi- 
bility, and this feature is finding its way into 
the charters of cities which have not adopted 
the commission plan. There are, at present, 
(1913) about 250 towns and cities under the 
commission plan, mainly west of the Alleghen- 
ies. Of these, 11 had a population of over 
100,000 in 1910; 49, a population of from 25,- 
000 to 100,000; and 59, a population of from 
10,000 to 25,000. New Orleans is the largest 
city now under commission government, with 
Jersey City, St. Paul, and Denver next in or- 
der of population. 

Variety of Types. — It cannot be said that 
there is any type of municipal organization 
peculiar to the United States; for there are 
so many forms of organization that it is im- 
possible to say that there is any American 
type. This is due largely to the fact that there 
are forty-eight state legislatures legislating on 
the subject. Most of the charters show the 
influences of the different periods of develop- 
ment; thus in a few cities the bicameral coun- 
cil prevails, and in a few others the council 
still has great power. We find again that in 
some cities certain boards are still appointed 
by the governor, and not by the mayor, while 
in a few cities some boards are elected. 



482 



MUNICIPAL GOVERNMENT IN THE UNITED STATES, ORGANIZATION OF 



Lack of European Influence. — With the ex- 
ception of the colonial period, city government 
in the United States has largely been a native 
growth, being little influenced by continental 
experience or by English municipal government 
of the 19th century. We have never had city- 
states and almost without exception our cities 
form part of the county governments and other 
local subdivisions. 

Recent Tendencies. — There is a decided tend- 
ency toward the single chambered council; Bos- 
ton and Pittsburgh have abolished the bi- 
cameral council quite recently, and proposed 
charters for Baltimore and St. Louis contained 
provisions for unicameral councils. There is 
also to be noted a tendency towards state ad- 
ministrative supervision over certain subjects, 
such as uniform accounting (Ohio, Massa- 
chusetts, Indiana, Iowa, Oklahoma, etc.), state 
tax commissions (Wisconsin, Kansas, Minne- 
sota, etc.), state police (Pennsylvania, Texas, 
etc. ) , and state boards of health. The recent 
tendencies may be summarized as follows: the 
extension of home rule; the concentration of 
power and the location of responsibility; the 
extension of the merit system of appointment 
for subordinate positions; smaller legislative 
bodies and the substitution of a unicameral 
for the bicameral council, with either the abo- 
lition of ward lines, or the widening of elec- 
tion districts; non-partisan nominations; a 
short ballot; and commission government. 

See Alderman; Boards, Municipal; 
Boards, Municipal, Bipartisan; Charters, 
Municipal; Cities, Classification of; City 
and the State; City Planning; Commission 
System of City Government; Local Govern- 
ment in England; Local Self-Government ; 
Legislation and Legislative Problems in 
Cities; Mayor and Executive Power in 



American Cities; Municipal Government, 
Functions of; Municipal Government in 
the United States, Organization of; Police 
in American Cities. 

References: James Bryce, Am. Common- 
wealth (4th ed., 1910) ; H. E. Deming, Govern- 
ment of Am. Cities (1909) ; J. A. Fairlie, 
Municipal Administration (1906), Essays in 
Municipal Administration (1908) ; F. J. Good- 
now, City Government in the U. 8. (1904), 
Municipal Government (1909), Municipal 
Home Rule (1897), "The Position and Power of 
Cities in the U. S." in Comparative Ad- 
ministrative Law (1893), I, 162, Municipal 
Problems (1897); F. C. Howe The City, the 
Hope of Democracy (1905) ; D. F. Wilcox, Am. 
City (1906), Great Cities in America (1910), 
"The Government of Great American Cities" in 
Verfassung and Verwaltungsorg animation der 
Stadte ( 1908 ) ; E. D. Durand, The Finances 
of New York City ( 1898 ) ; National Municipal 
League, Proceedings (1894-1912) ; S. E. Sparl- 
ing, Municipal History and Present Organiza- 
tion of the City of Chicago (1898); E. W. 
Bemis, "Local Government in Michigan, and the 
Northwest" in Johns Hopkins Univ., Studies, I, 
No. 5 ; E. W. Bemis, and others, "Local Govern- 
ment in the South and Southwest" in ibid, XI, 
No. 11-12; E. P. Allington, and B. Penrose, 
"City Government of Philadelphia" in ibid, V, 
No. 1-2; J. M. Bugbee, "City Government of 
Boston" in ibid, V, No. 3; M. S. Snow, "City 
Government of St. Louis" in ibid, V, No. 4; 
Bernard Moses, "Municipal Government in San 
Francisco" in ibid, VII, No. 2-3 ; W. V 7 . Howe, 
"The City Government of New Orleans" in ibid, 
VII, No. 4; D. E. Spencer "Local Government 
in Wisconsin" in ibid, VIII, No. 3; T. P. 
Thomas, "City Government of Baltimore" in 
ibid, XIV, No. 2. Horace E. Flack. 



MUNICIPAL GOVERNMENT IN THE UNITED STATES, 

ORGANIZATION OF 



Relation of City and State.— Generally 
speaking, a municipal corporation possesses 
and can exercise the following powers and no 
other: (1) those expressly granted by the 
charter or statute of incorporation; (2) those 
necessarily or fairly implied in or incident to 
the powers expressly granted; (3) those es- 
sential to the declared objects and purposes of 
the corporation — not simply convenient, but in- 
dispensable. Any fair, reasonable doubt con- 
cerning the existence of power is resolved, as a 
rule, against the corporation, and the power is 
denied. Except as hereinafter pointed out 
the charter is the statute under which a mu- 
nicipal corporation is created, is its organic 
act. Neither the corporation nor its officers 
can do any act, or make any contract, or incur 
any liability not authorized thereby, or by 



some legislative act applicable thereto. All 
acts outside of the powers granted are void. 

This is the old, dry, legal doctrine that the 
city is in complete dependence upon the will of 
the state legislature, which may extend or con- 
tract the boundaries, functions and powers of 
a city at will, except as expressly forbidden by 
the provisions of the state constitution. To 
the extent to which this doctrine has prevailed, 
the form and character of the government of 
American cities has been the subject for state 
determination. Within the past twenty years, 
however, there has been a strong tendency to 
modify this doctrine; on the one hand through 
giving cities under constitutional provisions 
the right to frame their own charters or home 
rule; secondly, through assigning to the city 
ampler and more general powers by statute. 



483 



MUNICIPAL GOVERNMENT IN THE UNITED STATES, ORGANIZATION OF 



Home Rule for Cities. — This is based on the 
idea of the city's independence from the in- 
termeddling of the state legislature. Cities 
must be given sufficient power to govern them- 
selves. In place of a long enumeration of 
specific powers, they should be given general 
powers to meet their needs. The method sub- 
stitutes a positive, affirmative grant of power 
for the negative policy of petty limitation. 
It recognizes that in state matters there should 
be centralization and uniformity; in municipal 
affairs, local autonomy and home rule. This 
movement has been advanced, through consti- 
tutional provisions, and legislative enactments. 
The dependence of the city upon the state 
legislature is being lessened, through legisla- 
tion and constitutional amendments granting 
increased power to municipalities over local af- 
fairs, and granting cities power to draft and 
submit to a vote of their electors their own 
charters; in some states (as in Colorado), 
without further reference to the state legisla- 
ture or other body, and in others (as in Cali- 
fornia) subject to the approval but without 
amendment of the state legislature. The states 
having home rule provisions in their constitu- 
tions are: Missouri (1875), Washington 
(1889), Minnesota (1898), California and 
Colorado (1902), Oregon (1906), Oklahoma 
(1907), Michigan (1908), Arizona (1910), 
Ohio, Texas, and Nebraska (1912). Such con- 
stitutional provisions establish home rule more 
firmly because they definitely place the local 
government beyond the power of the legisla- 
ture; otherwise the hand that gives may also 
take away. 

Powers of the Municipality. — There is a 
growing disposition however, in those states 
not possessing constitutional home rule pro- 
visions to grant general rather than specific 
powers. The municipal program adopted by 
the National Municipal League in 1900 was 
based on the idea of giving to the municipality 
the widest possible discretion in determining 
the sphere of its activity. The form of con- 
stitutional amendment, which it recommended 
as a part of the program (and which is the 
basis of the home rule provision of the Colora- 
do constitution), assured to the city a large 
measure of freedom in the determination of 
local policies. In giving to the municipality 
all powers not inconsistent with the general 
laws of the state, the idea was to create the 
presumption in favor of the broadest exercise 
of municipal powers, because experience had 
clearly demonstrated that constant appeals to 
the state legislature for additional poAvers had 
been one of the most unfortunate influences in 
American public life. 

Legislative and Administrative Control. — 
The tendency of the past twenty years has 
been to diminish the legislative control over 
city government. On the other hand, there 
has been an equally strong tendency to sub- 
stitute administrative control, as part of the 



general movement toward centralization. This 
tendency has not yet reached proportions at 
all comparable to those it has attained in 
Europe. This state administrative control is 
manifested in many ways. Municipal officers 
may be removed by central administrative au- 
thorities under certain circumstances (Michi- 
gan, New York, Ohio). The state civil service 
commission may have either complete author- 
ity, as in Massachusetts, or strong control, 
as in New York. Police boards are appointed 
directly by the state, as in Baltimore, Boston, 
St. Louis. Local health boards may be ap- 
pointed by state authorities or strongly con- 
trolled by a state board. It is in finance and 
public utilities that the tendency is manifest- 
ing itself most strongly. A number of states 
now provide for the state audit of. municipal 
accounts. Since 1902, the state auditor of 
Ohio has prescribed and installed the system 
of accounting and reporting for cities, and he 
can require a full report from every taxing 
district and public institution and from every 
official, state or local. State control over pub- 
lic utilities is now exercised in New York and 
Wisconsin to a large degree, and in Massa- 
chusetts and Pennsylvania by suggestion and 
public report. In the first two states large 
powers are conferred upon commissioners ap- 
pointed by the governor to fix rates to be 
charged by public service corporations like 
railways, lighting and water, and to control 
the capitalization. In those states where this 
power of state administrative control has been 
developed, there has been an increase in ef- 
ficiency and uniformity of the municipal func- 
tions so controlled. 

Diversified Forms of Government. — England, 
and the continental countries generally, have 
uniform systems of government for the cities, 
the only exceptions to these being the metro- 
politan centres. There is no such uniformity 
in America; on the contrary, there are almost 
as many varieties of form as there are states; 
although they may be classified in a large way 
as: responsible mayor government; the council 
type; government by boards; and the commis- 
sion form of government. There are many mod- 
ifications and a great number of hybrid forms. 
This diversity is due in part to the fact that 
municipal government is either a matter of 
state regulation or local determination, as the 
practice of state legislative interference or 
home rule prevails. Another potent factor is 
the gradual breaking down of the old doctrine 
of the separation of the powers of government 
into executive, legislative and judicial. This 
complexity and diversity of form is also partly 
due to the tendency to make and unmake char- 
ters, while, comparatively speaking, and until 
recently very little attention has been bestowed 
on their administration. 

In European city government, as in Euro- 
pean national government, the doctrine of the 
separation of governmental functions has never 



484 



MUNICIPAL GOVERNMENT IN THE UNITED STATES, ORGANIZATION OF 



grown up, and the resulting form represents 
an effective combination of legislative and the 
executive, producing results that have aroused 
the admiration of American students. 

Development of Forms. — In the earliest 
American city charters which were generally- 
granted by the colonial governors, the old 
English borough plan was followed. After the 
Revolution there came a change in the manner 
and power of granting of charters, the state 
legislatures taking the place of the colonial 
governors. The tendency was to substitute 
the legislative for the executive; but there 
was not much change in form until the early 
part of the nineteenth century. Then came 
popularly elected mayors and councils with 
large powers, exercised, in a gradually increas- 
ing degree, by two chambers. The property 
qualification for municipal suffrage gradually 
disappeared, except in form, during this period. 
During the middle period (1845-1880) cities 
grew in number and size. The main points in 
municipal development were : ( 1 ) extension of 
functions in kind and degree; (2) growth of 
special and partisan legislation and the be- 
ginning of measures to check this tendency; 
(3) steady decline of the council in power and 
influence; (4) a marked tendency to disinte- 
grate into independent departments, with no 
unity or harmony of purpose or action; (5) 
development of the mayor's authority and in- 
fluence through the powers of appointment and 
removal and the veto power. The last two 
decades were marked by a gradual improve- 
ment of the administrative service, through 
introduction of the merit system of appoint- 
ments, and the growth of the movement against 
the system of partisan and legislative govern- 
ment of cities. The principal change in the 
form of organization was in the still greater 
strengthening of the mayor's power and posi- 
tion and the consequent dwindling of the coun- 
cil; then a substitution of a single head for a 
board or commission, and, eventually, the plac- 
ing of this single head under the control of 
the mayor. Hand in hand was the recognition 
that it was possible to distinguish in all forms 
two ultimate or primary functions — the de- 
termination of the public policy and its execu- 
tion. One is legislation; the other, adminis- 
tration. 

Gradually the influence of the mayor in 
legislation grew stronger, and thus brought 
about a realignment of power and responsi- 
bility, a tendency which has been greatly 
strengthened by the remarkable growth of the 
movement for the commission (see) form of 
government, the influence of which is changing 
both the outline and theories of city govern- 
ment. Already close observers have discerned 
the next step in this development in the sug- 
gestions which have been made to the effect 
that the commission be elected but without the 
administrative powers, these to be exercised by 
managers selected by the commissioners. 



Mayor. — Notwithstanding the several tend- 
encies noted, the strong mayor type of city 
government is the dominant one at the present 
day in the North and West, although the pow- 
ers of the mayor (see) and his relation to the 
council and other departments are by no means 
uniform. In the leading cities the mayor still 
dominates. He has large powers of initiative, 
appointment and veto. In many cities, in ad- 
dition to his administrative functions and his 
control over legislation (through the veto), he 
exercises the functions of a committing magis- 
trate, a relic of the days when our governments 
were modeled on the English municipal cor- 
poration. 

The mayor will continue to be a dominating 
factor in American municipal government 
whether elected at large, as at present in the 
great majority of cities, or by the council 
(under the name of general manager) ; the 
development of new fields of governmental ac- 
tivity requires large technical skill and know- 
ledge and a concentration of power in the 
hands of a responsible, capable official. More- 
over, the demand for efficiency in municipal 
administration will less and less brook the 
delays incident to an elaborate system of 
checks and balances in city government (see), 
the relics of the days of strict adhesion to 
Montesquieu's theory of the separation of 
powers (see). 

Council. — In the council form of government, 
the mayor is of less importance than the coun- 
cil. In England he is a member of the council 
and elected by it. In general the only control 
which the council retains over the personnel 
of the administration is the right to approve 
or reject the mayor's appointments; even this 
power is lacking in some of the more recent 
charters and the council is confined almost 
exclusively to legislative functions. The 
power of the council to require reports of the 
executive officers is quite general; so is its 
power of investigation. Taking the United 
States as a whole, about one-third of the cities 
having over 25,000 population have the bi- 
cameral system. Councils vary in size from 
5 to 127. 

Nevertheless, the result of the frequent and 
ruthless resort to the pruning knife in connec- 
tion with the powers of the council has not 
destroyed legislative government. It has 
simply helped to make local policy a matter 
of state legislative determination. In other 
words, the body which determines municipal 
politics is no longer, in such cases, a local 
council with a proper sense of responsibility 
to the people of the city, but a central council 
elected by the people of the state as a whole. 
Such a policy is, of necessity, one that under- 
mines the instinct and practice of self-govern- 
ment, creating a feeling of dependency and 
helplessness. 

See Boakds, Municipal; Charters, Mu- 
nicipal; City and the State; Legislation 



485 



MUNICIPAL HOUSING— MUNICIPAL OWNERSHIP 



and Legislative Problems in Cities ; Mayor ; 
and under Municipal Government. 

References: J. F. Dillon, Commentaries on 
the Law of Municipal Corporations (3d ed., 
1881) ; F. J. Goodnow, Municipal Government 
(1909); F. Parsons, City for the People 
(1900) ; E. P. Oberholtzer, Referendum in 
America (1912) ; A. R. Hatton, Digest of 
City Charters together with other Statutory 
and Constitutional Provisions Relating to 
Cities (1906). Clinton Rogers Woodruff. 

MUNICIPAL HOUSING. Municipal housing 
is unknown in America, and there is little 
demand for it. Housing reform is found rather 
in state regulation through the exercise of the 
police power (see) in tenement house laws and 
building codes. The peculiar social and politi- 
cal conditions make such an extension of mu- 
nicipal functions undesirable. The instability 
of city administrations with the changing of 
responsible public officials every few years 
militates greatly against the successful opera- 
tion of municipally owned and managed tene- 
ments. The difficulties of administration 
would, in addition, be much complicated by 
reason of the cosmopolitan and alien character 
of the population of our large cities. 

All that could be expected to result from 
municipal housing has been or is being ac- 
complished by other means. 

See Building Laws; Health, Public, Reg- 
ulation of; Hotels and Lodging Houses, 
Regulation of; Lodging Houses, Public; 
Model Dwellings. Reference: Lawrence Veil- 
ler, Housing Reform (1910), ch. viii. 

Lawrence Veiller. 

MUNICIPAL LODGING HOUSES. A munic- 
ipal lodging house is an institution main- 
tained by the municipal authorities, generally 
in connection with the department of public 
charities, for the reception and care at night 
of men and women who have no shelter. See 
Hotels and Lodging Houses, Regulation of; 
Lodging Houses, Public; Police Stations. 

L. V. 

MUNICIPAL OWNERSHIP. Definition.— In 
common parlance the phrase "municipal owner- 
ship" is currently used to include not only the 
ownership of an undertaking by a municipality 
but its operation as well. Stictly speaking, 
ownership does not necessarily involve opera- 
tion. It is quite common for European cities 
to own theatres, for example, but there are few 
instances where the municipality actually pro- 
duces operas, plays or concerts, this function 
being turned over to private enterprise. Other 
like instances are public markets, abattoirs, 
cemeteries, docks, wharves and quays. Mu- 
nicipal ownership of land is also very common 
in German and Austrian cities, there being 
instances where the municipalities own a third 
to a half of their entire area. In other coun- 



tries municipal ownership of land is quite 
common, but the amount outside of parks, play- 
grounds, open spaces and streets is generally 
small as compared with the total area of the 
cities. The schemes for improved housing in 
Glasgow, Birmingham, London, Berlin and 
Paris are well known. In some instances tene- 
ments have been erected on city land and are 
operated by public authorities. 

In the realm of public utilities, it is seldom 
that a municipality owns a system but does not 
operate it. The most important gas works 
owned and leased are those of Philadelphia, 
which have passed through a varied experience. 
The plant was originally in the hands of a 
private company. From 1841 to 1897 it was 
owned and operated by a public body. In that 
year the works were leased for thirty- years to 
a private company. 

Several cities have leased street railways 
to private companies, particularly in Great 
Britain and Germany. In Great Britain the 
law did not at first permit cities to operate 
street railways, but several cities early took 
the stand that, in order to have proper control 
of their streets, they should own the street 
railways, but they were forced to lease them 
to private companies. The service in Glasgow 
and Huddersfield was so unsatisfactory under 
this system that Parliament was besought to 
make exceptions to the general rule, which it 
did in these two instances. The success of 
Glasgow with its tramways so aroused other 
cities that the general prohibition was modified 
and city after city not only took over its street 
railways, either by purchase or at the end of 
the franchise, but began actual operation. At 
the present time there are only a few instances 
in Great Britain where the cities own tram- 
ways but do not operate them. 

In Germany the experience was similar. In 
the early years it was not considered wise for 
cities to assume the responsibilities of difect 
management, and the tracks were sometimes 
constructed by municipalities and sometimes 
by private companies; but in practically every 
instance the responsibility for actual operation 
was turned over to a company under a limited- 
term lease. As these leases lapsed or ap- 
proached the date of expiration, the service was 
so poor in many cities that they took over 
the lines. At present municipal ownership of 
street railways without operation is not com- 
mon in Germany. 

Outside of Germany and Great Britain city 
ownership and lease is rarely encountered. Ex- 
ceptional instances are the street railways of 
Milan, Melbourne, Toronto and Liege. A few 
cities own stock in private companies, such 
as the New Orleans water works and Louisville 
water and gas works (recently sold). The 
ownership of stock does not constitute owner- 
ship of the plant, and the scheme has not been 
generally satisfactory from the point of view 
of the public or of the taxpayer. 



486 



MUNICIPAL REFERENCE BUREAUS— MUNICIPAL RESEARCH, BUREAUS OF 



Although municipal ownership combined with 
private operation is well suited to certain ac- 
tivities where there are a number of lessees, its 
advantages as a general solution, particularly 
where an entire industry is to be rented to 
one lessee,- are quite limited. As an inter- 
mediate step between private operation and 
municipal operation, it has certain features 
that commend themselves, but as an ultimate 
solution experience does not indicate that it is 
satisfactory. It worked more advantageously 
with the old horse car system where the plant 
was simple and largely limited to tracks in 
the street; but the present street railway is a 
complex organization. The track is expensive 
and complicated. The elaborate power house 
has taken the place of the simple car barn, and 
in a large city the problems connected with the 
construction, maintenance and replacement of 
the property are so intimately tied up with the 
problems of operation, that it is difficult to 
separate the one from the other. The policy 
of municipal ownership and lease is better 
adapted to an industry where the plant is com- 
paratively simple and of a stable character. 
Where questions are constantly arising as to 
the improvement and reconstruction of the 
plant, due perhaps to changes in the arts, the 
opportunities for disagreement between the 
owner and the lessee are so many that it is 
difficult to draw a contract which will protect 
the public, and yet give to the company a fair 
return upon its investment. 

Generally speaking, municipal ownership 
without operation is more successful from the 
financial than from the service standpoint. 
The reasons are apparent. The city may de- 
termine the rental, but the lessee proceeds to 
fix a price for service and to determine the 
character of service in such a way that he 
may collect from the public not only operating 
expenses and rental but his profit besides. 
Naturally, if he cannot secure the profit he 
thinks he should have and yet give the public 
good service at reasonable rates, he will either 
curtail the service or charge more than a 
reasonable rate. 

The obvious solution is that the contract 
should be so drawn that the same public au- 
thority shall determine the character of the 
service and the rate of charge, but it is ap- 
parent that if this power were given to a 
public body, the power might be so exercised 
that the lessee would not receive a fair return, 
and naturally he is not inclined to enter into 
an agreement where he may be caught between 
the two millstones. The obvious conclusion is 
that where good service is more important than 
financial return, public ownership and lease 
to private operator is not ordinarily success- 
ful. 

See Charters, Municipal; City and the 
State; Ferries; Franchises, Corpora- 
tion, Legal Aspects oe; Municipal Govern- 
ment, Functions of; Municipal Government 



in Continental Europe; Municipal Trading; 
Public Service Commissions; Railroads, 
Public Ownership of; Transit in Cities, 
Problems of. 

References: M. R. Maltbie, "Municipal Func- 
tions" in Municipal Affairs, Dec, 1898; J. A. 
Fairlie, Municipal Administration (1906); E. 
W. Bemis, Municipal Monopolies (1899) ; L. S. 
Rowe, "Relation of the City of Philadelphia to 
the Gas Supply" in Acad, of Polit. and Soc. 
ScL, CCXXIX (1898); National Civic Federa- 
tion, Report on Municipal and Private Opera- 
tion of Public Utilities (1907), Pt. II; Effren 
Magrini, "Milan Street Railway" in Municipal 
Affairs, March, 1902. Milo R. Maltbie. 

MUNICIPAL REFERENCE BUREAUS. In- 
stitutions for the collecting, compiling, collat- 
ing and making available to all municipal au- 
thorities data and information on all phases 
of municipal administration, in order to aid 
the city in establishing its business affairs upon 
a more efficient basis, avoid past mistakes, and 
benefit by the successful experiments of other 
cities. Largely through the influence of the 
National Municipal League such bureaus have 
been established in a number of large cities 
including New York City, Baltimore, St. Louis, 
Milwaukee and Los Angeles, and in several 
universities. See Legislative Reference 
Bureau; Municipal Research, Bureau of; 
Statistics, Official Collection of. Refer- 
ences: National Municipal League, Proceed- 
ings (1910); Am. Tear Book, 1910, 246-47. 

0. C. H. 

MUNICIPAL RESEARCH, BUREAUS OF. 

The bureau of municipal research is a center 
of investigation and an agency of publicity 
with respect to actual administration of city 
affars. The first institution of this type was 
that established in New York City in 1906, but 
since that time similar bureaus have been es- 
tablished in Baltimore ( 1907 ) , Philadelphia 
(1909), Chicago (1910), Boston (1910), and 
many other cities. In some of these cities as 
in Boston (where the Municipal Research Bu- 
reau is under the supervision of the Finance 
Commission), and in Baltimore, the cost of 
maintenance is borne by the city treasury; in 
others the institution is maintained by private 
subscriptions or by commercial organization 
and is not regularly attached to any official 
city department. 

The personnel of a municipal research bureau 
usually consists of a director, several experts 
in charge of the different branches of work, and 
a number of investigators, accountants and 
clerks. The parent bureau in New York City 
has a staff of about forty-seven; but some of 
the institutions established in smaller cities 
have only two or three employees. The work 
of a bureau, to put it in general terms, is to 
study such phases of actual city administration 
as are too technical for the ordinary citizen to 



487 



MUNICIPAL SOCIALISM— MUNICIPAL VOTERS' LEAGUE OP CHICAGO 



understand. The results of such study are 
summarized in intelligible, concise statements 
and are made the basis of such recommenda- 
tions to the city authorities as may seem ap- 
propriate. The entire work of the institution 
is based on the belief that most of the ineffi- 
ciency and extravagance which characterizes 
every day municipal administration is the out- 
come not of official dishonesty but of slovenly 
business methods. 

The specific task of the research bureau is, 
accordingly, to suggest improvements in the 
functioning mechanism of city administration, 
to gather reliable data for use by heads of city 
departments, to cooperate with city officials 
in any serious effort to improve their business 
methods, and to stimulate the ordinary citi- 
zen's interest in municipal affairs by a per- 
sistent and somewhat original publicity cam- 
paign. This campaign is in part conducted 
through the daily press but more particularly 
by the issue of leaflets, bulletins and printed 
reports. 

The success which these bureaus have .at- 
tained as effective agencies of civic betterment 
has led to a beginning in their use as institu- 
tions for training young men in the science of 
local government. In 1911 a training school 
of this nature was established in connection 
with the New York Bureau of Municipal Re- 
search and in the same year a step in the same 
direction was taken by the establishment of 
a Bureau for Research in Municipal Govern- 
ment at Harvard University. 

See Legislation and Legislative Problems 
in Cities; Legislative Reference Bureau; 
Municipal Government, Functions of; Mu- 
nicipal Reference Bureaus. References: 
New York Bureau of Municipal Research, Sice 
Years of Municipal Research for New York 
City (1912); Nat. Municipal Rev., II (1913), 
I, 48-56; reports and other publications of 
the bureaus from time to time. 

William Bennett Munro. 

MUNICIPAL SOCIALISM. See Socialism, 
Municipal. 

MUNICIPAL TRADING. A term which has 
become quite common in Great Britain since 
the appointment of the Parliamentary Joint 
Committee on Municipal Trading in 1900. The 
term is synonymous with municipal ownership 
and municipal operation in the United States 
and usually includes those undertakings which 
produce an annual revenue, including, besides 
the usual utilities, markets, baths, cemeteries, 
tenements, harbors, canals and crematoria. 
See Monopolies; Public Utilities; Rail- 
roads, Street; Transit in Cities, Problem 
of; Telephones, Regulation of; and under 
Municipal. References: L. Darwin, Municipal 
Trade ( 1903 ) ; Select Committee of Ontario 
Legislative Assembly, Report on Municipal 
Trading and Municipal Oionership or Oper- 



ation of Public Utilities (1903) ; National 
Civic Federation, Report on Municipal and Pri- 
vate Operation of Public Utilities (1907). 

M. R. M. 

MUNICIPAL VETO OF STATE ACTS. For 

the purpose of securing a measure of home rule 
for cities, the New York convention of 1894 
inserted in the constitution a provision for a 
municipal veto upon special legislation in re- 
gard to cities. Special legislation seemed a 
practical necessity where cities differed so wide- 
ly in population, functions and activities. Art. 
XII, Sec. 2 of the constitution divides the cities 
of the state into three classes according to 
population and then defines special city laws 
as laws relating to a single city or to 
less than all the cities of a class. All such 
laws are, upon passage by the legislature, im- 
mediately transmitted to the mayors of the 
cities affected for action within 15 days. If 
the action is favorable, the bill is sent to the 
governor for his approval; if unfavorable, it 
must be repassed by both branches of the 
legislature before it is sent to the governor 
for his consideration. 

Action by the city is taken by the mayor and 
the legislative body concurrently after public 
hearings, except in cities of the first class 
where it is taken by the mayor alone, the legis- 
lature not having provided for the concur- 
rence of the legislative body in these cases. 

The effect of this provision has been unques- 
tionably beneficial, but it has not prevented 
the passage of partisan legislation, as the 
veto of the city can be overridden by the same 
vote by which the bill was originally passed. 
As a "pocket veto" this provision for approval 
by the city has proved particularly effective 
and valuable. If the session expires before the 
15 days allowed for city action are completed, 
the veto of the city is absolute. 

See Municipal Government in the United 
States. 

References: F. J. Goodnow, Municipal Gov- 
ernment (1909), 182-3; H. E. Deming, Govern- 
ment of American Cities (1909), 234, 251-2; 
National Municipal League, Report on Munici- 
pal Program (1898). Elliot H. Goodwin. 

MUNICIPAL VOTERS' LEAGUE OF CHI- 
CAGO. The history of this organization is an 
account of a successful movement, on a small 
scale, for the recovery of representative govern- 
ment. The League was started in 1896. It 
was an outcome of a meeting of citizens called 
to consider what could be done to remedy in- 
tolerable municipal conditions. The Chicago 
city council at that time was the sorest spot 
in the municipal system. It was corrupt and 
incompetent. Not more than ten of its mem- 
bers — at that time numbering 68 — were even 
suspected of being honest. The rest were or- 
ganized into a "gang" for plunder and black- 
mail. The action of the aldermen on franchise 



488 



MUNN vs. ILLINOIS— MURPHY, CHARLES FRANCIS 



matters was particularly scandalous. Revolu- 
tionary changes were not wrought by the 
League as the result of any single campaign. 
At first only enough aldermen in sympathy 
with the purpose of the League were elected to 
prevent the passage of improper measures 
over the mayor's veto. After a time, however, 
a majority of the council were aldermen who 
had signed the League's platform, which* pro- 
vided, among other things, for the organiza- 
tion of the council on non-partisan lines, in- 
stead of by the party caucus method. In 1900, 
for the first time, the council was organized by 
the best men in it, on non-partisan lines, and 
the same plan of organization has been fol- 
lowed since. 

The League has a self-perpetuating execu- 
tive committee of nine. It investigates 
the records and standing of candidates for the 
council, but does not make nominations. It 
aims to influence results by furnishing 
the voters with reliable information concerning 
candidates for alderman. In other words, it is 
primarily a bureau of information and publici- 
ty for the field it has chosen to cover. It con- 
fines its activity to the city council. In Janu- 
ary or February of each year the League issues 
what it styles a preliminary report, dealing 
with the work of the council for the preceding 
year, and giving the detailed records of the 
outgoing aldermen, approving or condemning, 
as the facts may warrant. Shortly before the 
April election, another report is issued, giving 
the records of the candidates and advising the 
voters which to elect and which to defeat. It 
has been the custom, too, especially since the 
passage of the direct primary law, to issue 
bulletins prior to the primaries. On oc- 
casions, where both the regular party nominees 
have been objectionable, the League has been 
indirectly instrumental in promoting independ- 
ent candidacies. Funds for the support of the 
work are raised by voluntary contributions. 

The Chicago city council has larger powers 
than are possessed by most American munici- 
pal legislative bodies. Instead of depriving 
the council of power, as so many other Ameri- 
can cities have done, the Chicago method has 
been to reform the council and make it repre- 
sentative of public interests. The aldermen in 
recent years have taken even a more important 
part than the mayor in working out solutions 
of vexed problems. Organizations similar to 
the Municipal Voters' League of Chicago have 
been established in several others cities. 

See Non-Partisan Political Organiza- 
tions. 

References: E. B. Smith, "Municipal Voters' 
League in Atlantic, LXXXV (1900), 834- 
839, "Municipal Reform in Chicago" in Nation, 
LXX (1900), 411-412; S. E. Sparling, "Chi- 
cago's Voters' League" in Outlook, LXXI 
(1902), 495-98; C. L. Jones, Readings on 
Parties and Elections (1912), 321-326. 

George C. Sikes. 



489 



MUNN vs. ILLINOIS. The plaintiff in error 
in this case was prosecuted and convicted un- 
der the statutes of Illinois for transacting the 
business of public warehouseman without pro- 
curing a license, and appealed from such con- 
viction to the Supreme Court of the United 
States, contending that the result of the stat- 
ute was to deprive him of his property without 
due process of law (see) and that the statute 
itself was repugnant to the delegation of power 
to Congress under the commerce clause of the 
Federal Constitution ([1876] 94 U. 8. 113). 
The court discussed the constitutionality of 
the statute as a whole, involving the regulation 
of rates of public warehousemen, and held that 
those engaged in that business, like common 
carriers, had devoted their property to a pub- 
lic use (see Public Use) in such sense that 
it was affected with a public interest and as 
such was subject to police regulation to an 
extent which would not be justified in the case 
of ordinary private property. Such power of 
regulation was found to have been exercised 
by the British Parliament prior to the separa- 
tion of the colonies from Great Britain, and 
was held therefore to be in accordance with the 
principles of the common law and committed 
to and retained by the state legislatures so 
far as not limited by the Constitution of the 
United States. Inasmuch, therefore, as legis- 
lation of this character is within the scope of 
legislative power its exercise can not be said 
to result in the deprivation of property without 
due process of law. Such regulations are in- 
valid if they deprive the owners of property 
devoted to a public use of a reasonable com- 
pensation for such use (see Prices and 
Charges, Regulation of) . The contention that 
such statutes so far as they affect interstate 
commerce infringe the powers of Congress un- 
der the commerce clause was more fully con- 
sidered in the Granger cases (see). This is the 
leading case for the general definition of pub- 
lic callings which are subject to special legisla- 
tive regulation in the public interest. 

See Police Power ; Public Use ; Prices and 
Charges, Regulation of. E. McC. 

MURPHY, CHARLES FRANCIS. Charles F. 
Murphy (1858- ), Tammany leader, was 
born at New York City, June 20, 1858. He 
learned the trade of ship-caulker, and attained 
fame as an athlete and "gang" leader in the 
"gas-house district." In 1875 he organized 
the Sylvian Club, later merged in Tammany 
Hall. After a tour of the country in 1876, as 
captain and catcher of a baseball team known 
as the "Senators," he returned to New York 
City to become first a street car driver and 
then a saloon keeper. On the death of Edward 
Hagan, the Tammany district leader, in 1892, 
Murphy became his successor. In 1898 he was 
appointed dock commissioner. In 1902 he suc- 
ceeded Richard Croker as leader of Tammany 
Hall. The nomination of George B. McClellan 



MUSEUMS, PUBLIC^ViUSIC, PUBLIC 



for mayor, in 1903, was his work, his aim be- 
ing to ally with Tammany Hall the independ- 
ent Democrats and others who had supported 
the administration of Seth Low. In the same 
year a dispute with Hugh McLaughlin, leader 
of the King's County Democratic organization, 
resulted in McLaughlin's retirement. In 1913 
the Tammany ticket in New York City was 
defeated by the Fusion forces, and the organi- 
zation lost control of the legislature. See Boss 
and Boss System of Party Organization; 
New York; Tammany. References: J. K. Mc- 
Guire, The Democratic Party of the State of 
N. Y. (1905), III; C. H. Parkhurst, Our Fight 
with Tammany (1895). W. MacD. 

MUSEUMS, PUBLIC. The Federal Govern- 
ment owns and maintains several museums and 
collections of objects open to the public. The 
Smithsonian Institution, founded in 1846, con- 
ducts scientific expeditions and maintains pub- 
lic exhibitions. The National Museum in 
Washington contains a variety of objects, most 
of them connected with American geology or 
zoology or the native races. The Corcoran Art 
Gallery, also in Washington, was presented to 
the government by William H.' Corcoran, in 
1873. There is a medical museum in the Sur- 
geon-General's office. Many of the models of 
the Patent Office are arranged in a collection, 
and the Mint also conducts a public display. 
No state at present supports a general 
museum, though several state universities have 
public collections and educational displays. 
Several cities maintain public zoological gar- 
dens, general museums and art galleries pre- 
sented to the city or conducted by trustees for 
the benefit of the public. Among these is the 
Field Colombian museum in Chicago. Los 
Angeles, among other cities, has established a 
permanent exhibit of civic betterment. Many 
public schools have small collections which are 
put on view. See Art, Public ; Education as 
a Function of Government; Libraries, Pub- 
lic; Public Buildings, Federal, State and 
Municipal. References: Am. Year Booh, 1911, 
754, ibid, 1912, 749, ibid, 1913, 766, and year 
by year; Smithsonian Institution, National 
Museum, and other collections, Annual Reports. 

A. B. H. 

MUSIC, PUBLIC. Military Music— The 
Federal Government assumes direct control ov- 
er military music by statutory provisions for 
musicians, stating their number, rank, pay, 
rations and closing allowance in the various 
branches of the Army and Navy. The first 
federal statute to make such provision was 
that of April 30, 1790 (Stat, at L. I, 120), 
of which, an "Act for Regulating the Military 
Establishment of the United States," Section 
5, designating the pay of the troops, provides 
for the addition of musicians to the establish- 
ment of each battalion of infantry and of the 
battalion of artillery. 



In the "Articles of War" (see) of April 10, 
1806 (R. S. 1342), it is expressly stated that 
the word soldier is used to include musicians. 

The Marine Band, stationed at Washington, 
was created by act of July 25, 1861, for the 
"better organization of the Marine Corps." Its 
strength was fixed at a leader and thirty mu- 
sicians. By an act of March 3, 1899, to re- 
organize and increase the efficiency of the per- 
sonnel of the Navy and Marine Corps, a second 
leader was provided with pay at the rate of 
$75 per month and the allowances of a ser- 
geant-major, the leader was given the pay and 
allowance of a first lieutenant, and the pay of 
the musicians was fixed at $60 per month and 
the allowances of a sergeant, without, however, 
increase of pay for length of service. 

Church and Civil Music. — The Federal Gov- 
ernment is constitutionally prohibited from 
furnishing any direct support to religious in- 
stitutions (Amendment I), but the colonial 
and early state governments usually subsidized 
their churches and in these appropriations pro- 
vision was frequently made for church music. 
Civic, as differentiated from military and re- 
ligious music, is controlled almost entirely by 
the municipalities. It embraces the two forms 
of distinctly educational music taught in the 
schools, and of public concerts, which are pro- 
vided for out of the funds of the city govern- 
ments. 

Public School Music. — In most of the public 
schools throughout the country music is 
taught. It usually takes the form of sight 
reading and choral singing, though this is 
frequently supplemented by lectures on musi- 
cal subjects. Several of the larger cities pro- 
vide free concerts and educational lectures in 
the public schools. The first systematic teach- 
ing of music in the schools was undertaken by 
Boston about 1837, under the direction of Dr. 
Lowell Mason. 

Municipal Music. — There has been a growing 
tendency, in recent years, for the municipalities 
in the United States to provide band, orches- 
tral, chamber music and organ concerts. These 
are usually summer outdoor concerts in the 
parks and waterfront pavilions. A survey 
of the conditions of municipal music was con- 
ducted during the autumn of 1912, covering 
the fifty-three cities with a population of 30,- 
000 or over which had reported music appro- 
priations in the Census Report on the Statis- 
tics of Cities (1908). Out of thirty-five cities 
which responded to a general inquiry, twenty- 
six reported annual appropriations for band or 
orchestral concerts, in amounts ranging from 
$500 in Elmira, New York, to $100,000 in New 
York City. Boston is the only city at present 
(1913) supporting a municipal orchestra. The 
chairman of the Music Department of Boston 
in his report dated February, 1913, states that 
81 concerts were given during the summer, the 
attendance exceeding 330,000. During the win- 
ter season 47 concerts were given, including or- 



490 



"MY POLICY' 



chestral, chamber music and organ recitals. 
The attendance was 45,449. The problem of ad- 
justing the programmes to the tastes of a 
large and nationally various population has 
been most carefully studied in New York. A 
successful effort has been made to suit the pro- 
grammes, performed by a force of 70 bands and 
conductors, to the national tastes of the neigh- 
borhoods in which these concerts are given. 
Portland, Maine, has taken the lead in provid- 
ing city organ concerts by building a large or- 
gan in the new City Hall (1912), and main- 
taining a municipal organist. 



See Amusements, Public; Aet, Public; 
Education as a Function of Government. 

References: E. J. Ward, Social Center 
(1913), 228-233; S. H. J. Simpson, "Munici- 
pal Music in New York" in Survey, XXX, 
April 19, 1913; City of Boston, Music De- 
partment, Annual Reports; American Year 
Booh, 1912, 760. S. H. J. Simpson. 

"MY POLICY." An expression used by Pres- 
ident Andrew Johnson with reference to his 
Reconstruction policy, in 1865-6. See Recon- 
struction. 0. C. H. 



80 



491 



NAGEL, CHARLES— NATIONAL CURRENCY ASSOCIATION 



K 



NAGEL, CHARLES. Charles Nagel (1849-), 
a native of Texas, was admitted to the bar 
in Missouri in 1873. In 1881-1883 he was 
a member of the Missouri legislature, and from 
1893 to 1897 he was president of the St. Louis 
city council. Largely by reason of his emi- 
nence at the bar, he was selected by President 
Taft, in 1909, to occupy the portfolio of Com- 
merce and Labor. As the head of a department 
whose varied activities tend constantly to be 
increased he displayed administrative ability 
of a high order. It was under his general su- 
pervision that the thirteenth United States 
census was taken. See Immigration. 

F. A. 0. 

NATION. No term in the vocabulary of 
political science is more loosely employed than 
the word nation. Whenever it is used, the 
close reasoner must be on his guard. It may 
be employed to signify the members of a body 
politic or state, who are more properly termed 
a "people" {see People). On the other hand, 
it may have small political significance or 
even none at all. German publicists use the 
word as an ethnic term; American, French and 
English publicists are prone to give it and 
its derivatives a political meaning. The best 
of our international lawyers speak of a citizen 
or subject of a state as a "national" of that 
state. 

The origin of the word supports the German 
usage. Exactly employed, it should indicate 
a body of people possessing racial, not neces- 
sarily political, unity. Racial unity can, how- 
ever, no longer be identified with community of 
origin. There is a Swiss nation and an Amer- 
ican nation, each made up of individuals of 
radically different parentage. A nation is a 
population with a feeling of ethnic solidarity, 
due to the existence of one or more of a vari- 
ety of factors of which the following are most 
important: a common origin; a common lan- 
guage; a common literature, tradition and his- 
tory; a common religion; common customs or 
habits of life; common interests of any sort 
whether due to geographic unity, to similarity 
of occupation, or to anything else. No one of 
these factors is indispensable and no one is 
necessarily decisive in making a nation. The 
relative strength of every factor has varied 
in the past and will vary again. 

A nation is not the same thing as a state. 
A state is a community of persons possessing 
an organized government; in most cases, oc- 
cupying permanently a definite territory, inde- 



pendent of foreign control. One state, such 
as Austria, may embrace members of several 
nations. This failure of state and national 
lines to coincide is responsible for much politi- 
cal unrest. The ruler seeks to make and keep 
his people a nation; the agitator often seeks 
to make his nation a state. A united, homo- 
geneous people — in other words, a state whose 
population is a nation — enjoys a political 
strength great in proportion to its numbers. 
Yet numbers count. On occasion, at least, and, 
especially against a foreign enemy, they can 
be made to unite. The modern tendency is to- 
ward the inclusion of larger and more hetero- 
geneous populations within states. If domestic 
tranquility is to prevail, these states must be 
made nations. The past cannot be changed; 
the feelings which arise out of the past can 
be exchanged but little. Statesmen must look 
to the present and future. They must arouse 
among their peoples a community of interests 
in the present and hopes for the future. Only 
thus may these peoples be welded into nations. 

See Political Science; State, Theory of. 

References: J. W. Burgess, Pol. Sci. and 
Comparative Constitutional Law (1896), Bk. 
I, ch. i; J. W. Garner, Intro, to Pol. -Set. 
(1910), 38-56. Henry A. Yeomans. 

NATIONAL BANKS AND BANKING ACTS. 
See Banks and Banking Acts, National. 

NATIONAL CURRENCY ASSOCIATION. 

Under the Aldrich-Vreeland Act of 1908, pro- 
vision was made for the establishment of na- 
tional currency associations, which should have 
the right under certain conditions to issue ad- 
ditional circulation in case of emergency. Such 
an association may be organized by national 
banks, not less than ten in number, lying in 
a single state or in contiguous parts of ad- 
joining states, with an aggregate capital and 
surplus of $5,000,000. Circulation may be is- 
sued by the association upon the deposits of 
securities of a general character, including 
commercial paper, to the extent of 75 to 90 
per cent of the cash value of the securities, 
depending upon their character. The total 
amount of such emergency circulation is lim- 
ited to $500,000,000; and in order to prevent 
a permanent inflation, the notes are subject to 
special rates of taxation, increasing up to 10 
per cent, according to the length of time the 
notes are out. The measure, on account of 
its many complicated provisions, is not favor- 
ably regarded by banks. Nevertheless, a num- 



492 



NATIONAL DEMOCRATIC PARTY— NATIONAL REPUBLICAN PARTY 1 



ber of associations have been organized, ready- 
to take action in case an emergency should 
arise similar to that occasioned by the panic 
of 1907. See Banks axd Banking Acts, Na- 
tional; Clearing House Loan Certificates; 
Crises, Economic. References: H. White, 
Money and Banking (4th ed., 1911), 443-456, 
text of act; Am. Year Book, 1910, 338-340. 

D. R. D. 

NATIONAL DEMOCRATIC PARTY. A 

party composed of "Gold Democrats" (see) who 
nominated John M. Palmer and Simon Bolivar 
Buckner in the presidential campaign of 1896. 
The popular vote was 133,542. See Democrat- 
ic Party; Gold Democrats. Reference: T. H. 
McKee, National Conventions and Platforms 



(1901), 314-318. 



A. C. McL. 



NATIONAL GUARD. See Militia. 



NATIONAL LABOR 

Parties. 



UNION. See Lab' b 



NATIONAL PARTY. A name taken by 
seceders from the Prohibition convention in 
1896. The party nominated Charles E. Bentley 
for President and James H. Southgate for 
Vice-President. In addition to prohibition it 
advocated free coinage of silver. It polled 
13,723 votes in the election. See Prohibition 
Party; Silver Coinage Controversy. 

A. C. McL. 



NATIONAL PROGRESSIVE PARTY. 

Progressive Party. 



See 



NATIONAL REPUBLICAN PARTY. This 
name applies specially to the presidential cam- 
paigns of 1828 and 1832, to denote the Republi- 
can elements marshaled, under John Quincy 
Adams or Henry Clay, against the party of 
Andrew Jackson, which adopted the name 
"Democrat" boldly, when coming into power 
in 1829. Adams, defeated for reelection as 
President in 1828, committed all leadership to 
Clay. Clay himself stood for the presidency 
against Jackson's reelection in 1832 and the 
National Republicans went down to a final de- 
feat. The party name "Republican" then 
passed out of our politics, until revived in 
1853-4 by another generation and upon other 
issues. 

When Jefferson organized a party opposed to 
the Federalists, during Washington's adminis- 
tration, he chose to style it "Republican" rather 
than "Democrat," as a name better suited to 
the times and to avoid identification with Ja- 
cobin excesses of the French Revolution to 
which he wished his followers uncommitted. 
This party carried the country in 1800 and 
thenceforward held direction in the Union, be- 
sides gaining ascendency in most states, while 
it lasted. During the era of good feeling which 
greeted Monroe's accession to the presiviency 



493 



in 1817, that executive, while allaying party 
strife throughout the Union, was sedulous that 
the prestige of loyalty should remain with Re- 
publicans and that the Federalist party should 
not be revived. In the presidential canvass of 
1824 William H. Crawford [see), John Quincy 
Adams (see), John C. Calhoun (see), Andrew 
Jackson (see) and Henry Clay (see), were 
competitors for the succession; all were Repub- 
licans, and the first three members of Monroe's 
Cabinet. As among these five the retiring 
President remained neutral. National candi- 
rates for President and Vice-President had lat- 
terly been selected by party caucuses (see 
Caucus, Legislative for Nomination) in 
Congress, and Crawford's friends sought and 
obtained for him the caucus nomination. But 
the caucus method had fallen into disrepute; 
many members of both Houses absented them- 
selves; and in vain did the friends of Craw- 
ford appeal to fellow-Republicans to preserve 
the proud party founded by Jefferson. Nomina- 
tions by state legislature or by some sporadic 
state convention gave credentials for each other 
candidate. By such methods were Adam3, 
Jackson and Clay put forward for the presi- 
dency, while Calhoun chose his own oppor- 
tunity in standing simply for Vice-President. 

Calhoun won the second office by a large 
electoral vote, but for President no one carried 
a majority. Hence it devolved upon the House 
of Representatives to choose a chief executive 
from the three highest candidates. Clay had 
the power to dictate which of his three rivals, 
Jackson, Adams or Crawford, standing in this 
order, should win the prize. He presently an- 
nounced himself in favor of Adams, who, cho- 
sen February 9, 1825, following the electoral 
count, at once invited Clay into his Cabinet. 
Inauguration followed on the fourth of March 
and Clay became Secretary of State. 

President Adams' administration was an 
able and honest one, but disastrous in a po- 
litical sense. National in scope, it sought 
chiefly a liberal Union expenditure for inter- 
nal improvements, with the promotion of sci- 
ence and learning. Jackson was put forward 
promptly as opposition candidate for 1828, 
while Adams and Clay were in alliance for 
the former's reelection. Adams found his 
hands tied when the Congress which met mid- 
way in his term organized with a majority 
against the administration in both Houses — 
an unprecedented situation. This new Con- 
gress passed a tariff act in 1828, which for 
the first time plainly asserted protection of 
home manufactures as a national policy: but 
this was not in strictness an administration 
measure, though Adams signed the bill. 

For 1828, John Quincy Adams and Andrew 
Jackson became the opposing presidential can- 
didates, without a national caucus or conven- 
tion of any kind. Jackson won by an electoral 
vote of 178 to 83, after a bitter and scurrilous 
campaign, full of personalities on both sides. 



NATIONAL WATERWAYS COMMISSION— NATIONALISTS 



And finally, in 1832, when each party held a 
national convention, Henry Clay and John Ser- 
geant were the "National Republican" candi- 
dates against Andrew Jackson and Martin Van 
Buren, the Democratic candidates. The Dem- 
ocrats succeeded by an immense majority and 
the National Republicans never rallied at the 
polls again. 

See Democratic-Republican Party; Whig 
Party. 

References: T. H. McKee, National Conven- 
tions and Platforms (1901), 18-34; J. Schoul- 
er, Hist, of U. 8. (1887), III, 264-270; 304- 
451; J. B. McMaster, Hist, of People of U. 8. 
(1900), V. 55-81, 227-267, 488-536; A. John- 
ston, Hist, of Am. Politics (1910), 103-128. 

J. SCHOULER. 

NATIONAL WATERWAYS COMMISSION. 

Congress created the National Waterways Com- 
mission March 3, 1909, "to investigate ques- 
tions pertaining to water transportation and 
the improvement of waterways, and to make 
recommendations to Congress." 

The Commission was required to make a pre- 
liminary report to Congress in January, 1910. 
In this report the Commission discusses: (1) 
the reasons for the decline in inland water 
transportation and the remedies therefor; (2) 
the reasons for the decline in inland water 
ways; (3) the advisability and practicability 
of barge and ship canals; (4) methods to be 
followed in adopting projects for improving 
rivers and harbors, and methods of making 
appropriations therefor; (5) proper division of 
expenses between federal, state and local gov- 
ernments; (6) the relation of waterway im- 
provements to irrigation and drainage; (7) 
the merits of public and private ownership and 
control of wharves and docks; (8) the relation 
of waterway improvements to water power; 

(9) technical methods of river improvements; 

(10) comparison of European and American 
waterways and of transportation rates by land 
and by water. 

The Commission was to exist for a period 
of two years and its final report was to have 
been submitted to Congress not later than 
March 3, 1911; but by the River and Harbor 
Act of Feb. 27, 1911, the life of the Commis- 
sion was extended until Nov. 4, 1911. It was 
required to make a final report on or before 
that date, and, by the act of Feb. 27, 1911, 
was required to "investigate and report upon 
the advisability and feasibility of proposed 
artificial water ways and upon proposed plans 
for impounding the flood waters in rivers by 
reservoirs or otherwise." 

See Inland Waterways Commission; 
Lakes; Rivers; Waterways, Natural, Reg- 
ulation of. 

Reference: National Waterways Commis- 
sion, "Preliminary Report" in Senate Exec. 
Docs., 61 Cong., 2 Sess., No. 301 (1910). 

E. R. Johnson. 



NATIONALISTS. The Irish Nationalists 
constitute the most remarkable group in Brit- 
ish party history, in that since 1874 they have 
held aloof from both Conservative and Liberal 
parties, and consistently bent their energies 
in Ireland and at Westminster to the one end 
of Home Rule for Ireland. The Nationalists 
are of the third movement for the reestablish- 
ment of a Parliament in Dublin since the 
Union of Ireland with Great Britain in 1801. 
The two earlier movements were that begun 
in 1834 for the repeal of the Union, led by 
Daniel O'Connell, who had a following of forty 
in the House of Commons, and the Young Ire- 
land Movement of 1842-48. The Nationalist 
movement began at a conference held in Dublin 
in November, 1873. Isaac Butt was then the 
actuating spirit. He was the founder of the 
party, and led it in the House of Commons 
from 1874 to 1879. Under his leadership the 
Irish members organized themselves as a dis- 
tinct group. At this time — in the Parliament 
of 1874-80 — of the 103 members from Ireland 
60 were Nationalists. Butt continued as lead- 
er until his death in 1879. He was succeeded 
by William Shaw whose term of leadership 
was brief; for in 1875 Charles Stewart Par- 
nell had come into the movement. At the elec- 
tion of 1880 — the last on the restricted fran- 
chise of the Act of 1867 — the number of Home 
Rule members was increased from 60 to 68. 

Parnell succeeded Shaw as chairman of the 
Home Rule party, and the movement took a 
wider form. It became economic as well as 
political through the alliance of the party 
with the Land League which had been organ- 
ized in 1879 to agitate for reduced rents and 
the transfer of the ownership of Irish land to 
the tenants. Whig and Tory landlords, who 
had been of the movement under Butt's leader- 
ship, broke away when the movement became 
agrarian as well as political; and after the 
extension of the franchise by the Reform Act 
of 1884, it became largely a class movement 
drawing its support from the peasantry who 
were more eager for reforms in a vicious land 
system than for a Parliament in Dublin. The 
Nationalists under ParnelPs lead carried 85 
out of the 103 constituencies in Ireland at the 
general election of 1885 — the first on the new 
franchise; and these successes impelled Glad- 
stone to introduce his Home Rule measure of 
1886. Gladstone was then dependent on the 
votes of the Nationalists in the House of Com- 
mons. The Liberals were defeated in the gen- 
eral election that followed the rejection of the 
Home Rule bill of 1886. The Nationalists, 
however, were returned in their full strength. 
There was a second Home Rule bill in 1893 
when the Liberals were again sustained in pow- 
er by the Irish vote. Parnell, who died in 
1891, was leader until November, 1890, when 
he was deposed in consequence of his appear- 
ance in the divorce court. He was succeeded 
by Justin McCarthy, who in January, 1896, 



494 



NATIONALITY— NATIVE AMERICAN EACE 



was succeeded by J. E. Redmond. A series of ment of domicile in certain cases seems to 



land purchase acts for which both Liberal and 
Conservative governments were responsible had 
practically settled the land question by 1910 
and with the Parliament Act of 1910 (Lords' 
Veto) on the statute book, the Nationalists and 
their sympathizers in England regarded them- 
selves as within the sight of the goal for which 
they have been contending since 1874. A bill 
providing for Home Rule passed the House of 
Commons a third time on May 25, 1914, and 
became law despite the Lords' veto. The 
Protestants of Ulster, however, organized a re- 
markable resistance to the establishment of an 
Irish Parliament and secured the offer of a 
limited exemption. 

See Conservative Party ; Liberals; Tories. 

References: T. P. O'Connor, The Pwrnell 
Movement ( 1889 ) ; M. Davitt, The Fall of 
Feudalism m Ireland (1904) ; S. Buxton, Pol. 
Questions of the Day (9th ed., 1892), 1-33; 
F. H. O'Connell, Hist, of the Irish Parliament- 
ary Party, (1910). Edward Porritt. 

NATIONALITY. Nationality is the fact of 
belonging to, or of being a member of, a state. 
A member of a state is called a national of 
that state. The tests of state-membership are 
fixed by each member of the family of nations 
as a part of its municipal law. As every in- 
dividual is presumed to belong to some state, 
nationality has been described as the connect- 
ing-link between international law (see) and 
individuals. It is the medium through which 
they enjoy the benefits of international law. 

Nationality is either original or acquired. 
Original nationality depends upon birth only. 
The determination of nationality by birth de- 
pends upon descent (the child having the na- 
tionality of the parents wherever born) or up- 
on the place of birth, without reference to pa- 
rentage, or upon some combination of the two. 
The term jus sanguinis is applied to the first 
case, jus soli, to the second. Among the 
states following the first are Austria, Germany, 
Hungary, Sweden, and Switzerland. The sec- 
ond is the basis of the systems of Portugal and 
most of the Latin American states. The mixed 
systems are the product of comparatively re- 
cent legislation. The United States and Great 
Britain have modifications of a former rigid 
jus soli, France and Spain have systems based 
upon jus sanguinis. 

Nationality is acquired by naturalization, 
either by operation of law, or by act of the 
individual. Collective naturalization by oper- 
ation of law occurs when a state by conquest, 
treaty, or otherwise extends its territorial ju- 
risdiction. Individual naturalization by oper- 
ation of law usually occurs through marriage. 
Ordinarily the nationality of the wife follows 
that of the husband, but in some Latin-Ameri- 
can states an alien takes the nationality of the 
wife. Acceptance of public service sometimes 
works acquisition of nationality, and attain- 



confer nationality. 

Naturalization by voluntary act of the in- 
dividual depends upon the municipal law of the 
state. Not infrequently (as in the United 
States) the minor children of a naturalized 
national who are dependent upon and reside 
with him may become nationals as a result of 
the parent's naturalization. 

As nationality may be acquired, so it may 
also be lost. Loss of nationality may be by 
operation of law, or by act of the individual. 
Loss of territory by subjugation or cession 
works change of nationality of the inhabitants. 
Some states provide for loss of nationality be- 
cause of prolonged absence, or as a means of 
punishment. Nationality may be voluntarily 
lost, and as the right of naturalization has 
become established, most states recognize a 
right of voluntary expatriation as opposed to 
the older doctrine of indelible, or indefeasible, 
allegiance. 

Double nationality arises because of conflict- 
ing legal systems of various states. It may 
arise because of differences not only in the laws 
relative to original and acquired nationality 
but also in those providing for loss of nation- 
ality, and with the refusal of one state to 
admit that naturalization of its nationals by 
another state automatically breaks the former 
tie of allegiance. While admitting the prin- 
«"ple that acquisition of a new nationality de- 
stroys the old, several states decline to admit 
that loss of nationality extinguishes claims 
accrued before the new nationality is acquired. 

Nationality once lost may be regained or re- 
sumed by redintegration, which is a form of 
naturalization by which an individual may re- 
sume a former nationality by certain formal 
acts without the prolonged period of residence 
ordinarily requisite for naturalization. 

See Citizenship; Extraterritoriality; In- 
ternational Law; Naturalization, Law of. 

References: L. Oppenheim, Int. Law (1905), 
I, 348-368; H. Bonfils and P. Fauchille, Man- 
uel de Droit Int. Publio ( 5th ed., 1908 ) , 240- 
248; J. B. Moore, Digest of Int. Law (1906), 
III, 270-810; G. Cadorgan, La Nationality 
au point de vue des rapports internationaux 
(1879); Alex. Cockburn, Nationality (1869); 
Francis Piggott, Nationality (1904) ; F. von 
Martitz, Das Recht der Staatsangehoriger im 
internationalen Verkehr (1875) ; F. Stoerk, 
"LeS Changements de nationality et le droit 
des gens" in Revue de Droit Int. Public, II, 
273-281; "Citizenship of the United States, 
Expatriation and Protection Abroad," in House 
Docs., 59 Cong., 2 Sess., No. 326 (1905). 

J. S. Reeves. 

NATIVE AMERICAN RACE. Strictly 
speaking the native race in America is the 
aboriginal; but the term is also frequently 
applied to the race which was predominant 
in colonial times and down to the great im- 



495 



NATIVISM— NATURAL RIGHTS 



migration which began about 1830. The cen- 
sus of 1790 shows that about 95 per cent 
of the white persons in New England at that 
time had English names, and three per cent 
more had Scotch names. The Scotch, Irish 
and Germans in the middle and southern colo- 
nies were the only considerable element of non- 
English white persons, and probably did not 
form more than 15 per cent of the total popu- 
lation of those colonies. Counting the Puritan 
Scotch-Irish whose language and religion was 
like that of their English neighbors, as be- 
longing to the native American race, the other 
European races probably did not amount to 
more than six or eight per cent of the whole, 
not including the negroes. 

During the past eighty years this condition 
has greatly changed. In the southern states, 
east of Mississippi most of the white people 
are still of this English or Scotch strain, and 
there are parts of New England, like Cape 
Co'd and Mt. Desert, in which there are almost 
no foreigners. Elsewhere the native race has 
lost ground for various reasons: (1) mil- 
lions of people have come from Ireland and 
continental Europe since 1830; (2) intermar- 
riages with foreigners or the children of for- 
eigners have depleted the race; (3) the birth 
rate of this American stock is diminished. 

In 1900 more than half the people in New 
England were foreign born or children of for- 
eign parents. In the total national population 
of 67,000,000 whites shown by the census of 
1900, about 32,000,000 were immigrants or the 
descendants of immigrants who came to the 
country after 1830. The census of 1910 shows 
that the proportion of the European to the 
American race is about four to six. The 
birth rate of the native born element in New 
England is in the neighborhood of 12 to the 
thousand, while the birth rate of the foreigners 
is in the neighborhood of 40 to the thousand. 
In some of the great colleges the sons of grad- 
uates of thirty years standing are fewer than 
their fathers. 

Nevertheless the native stock is widely dif- 
fused throughout the United States, and has 
carried the institutions of the eastern states 
from commonwealth to commonwealth as far 
as the Pacific. It may be that the native stock 
is more active in intellectual and public life 
than the children of the foreigners; but it 
is clear that the destinies of America will more 
and more fall into the hands of descendants 
of non-English stock. See American Race and 
American Nationality; Population of the 
United States. References: A. B. Hart, "Is 
the Puritan Race Dying Out?" in Munsey's 
Mag., 1911; U. S. Census, Century of Popula- 
tive Growth (1909) ; P. F. Hall, Immigration 
(1906), ch. vi; Am. Year Book, 1912, 366-371. 

A. B. H. 

NATIVISM. A term signifying the anti- 
foreign principles of the Native American or 

4 



Know-Nothing party. See American Party; 
A. P. A. Party. 0. C. H. 

NATURAL BORN CITIZENS. A natural- 
born citizen of the United States is one who 
is a citizen by reason of his place of birth or 
the citizenship of his father. The two classes 
of naturalized and natural born citizens are 
thus mutually exclusive, and together consti- 
tute the entire citizen body of the United 
States. The Fourteenth Amendment (see) as 
construed in the case of United States vs. 
Wong Kim Ark ( 169 U. S. 649 ) provides that 
every person born within the territorial limits 
of the United States, even though his parents 
be aliens, and of a race the members of which 
are by law excluded from naturalization, are 
natural-born citizens. Under certain circum- 
stances persons born outside the territorial lim- 
its of the United States are deemed natural- 
born citizens, as for example, children of Amer- 
ican citizens visiting or traveling abroad. The 
father must, however, at some time have resid- 
ed in the United States. Only natural-born 
citizens are eligible to the offices of President 
and Vice-President. See Citizenship in the 
United States; Naturalization, Law of. 
References: G. W. Garner, Intro, to. Pol. 
Sci. (1910), ch. xi; F. Van Dyne, Citizenship 
of U. 8. (1904). W. W. W. 

NATURAL GAS, REGULATION OF. Regu- 
lations aim primarily to prevent wasteful es- 
cape of gas into the air. California's law 
(Mar. 25, 1911, ch. 309) is the most effective. 
It prohibits "wilfully permitting any natural 
gas to escape into the atmosphere" ; requires 
all persons controlling a well or land on which 
it exists, upon abandonment to close the mouth 
so as to prevent escape of gas; penalizes viola- 
tions of the law with fine or imprisonment, 
or both; makes each day of neglected escape a 
separate offence. Some states prohibit the use 
of flanibau (wasteful) burners. Regulations 
to prevent damage to gas-bearing strata are 
identical with those for regulation of oil pro- 
duction. See Conservation; Monopolies; 
Oil Production, Regulation of. Reference: 
See under Oil Production. E. H. V. 

NATURAL RIGHTS. The ambiguity of 
"natural," "right" and "law" involves uncer- 
tainty in the meaning of natural rights and 
of natural law or law of nature and even leads 
in some minds to a denial of them. In common 
English usage a law is a rule enforced by the 
courts and a right is a thing secured by law. 
But the terms are also employed with a bio- 
logical or an ethical meaning and in other 
ways. Natural, moreover, is applied to vari- 
ous things, from an ideal of moral excellence 
to indigestion after over-eating. Opinions ex- 
pressed in terms so loose cannot be reconciled. 
Some publicists make the law of nature mere 
self-preservation and natural rights a synonym 



496 



NATURALIZATION— NATURALIZATION, LAW OF 



for powers. Others regard natural law as the 
dictate of conscience. If we employ these 
terms at all, the reason is that there are con- 
ceptions of value in our life and thought for 
which we have been able to supply no better 
names. 

Ethics aided by something unreasoned and 
illogical within us, teaches that we are in the 
world for a purpose; namely, the fullest de- 
velopment of our individual powers for good, 
both material and spiritual. The same teachers 
give us a conception, more or less sound of the 
meaning of good and of development. This de- 
j velopment can take place only in society and, 
in every case, is influenced by the conduct of 
the individual toward his fellows and their 
conduct toward him. The obligation thus to 
develop in society, we may say, is imposed 
by natural law. In brief, the law of nature is 
that the individual, living among his fellows, 
shall think and say and do those things which 
make for such development, and avoid those 
things which hinder it. The individual may 
break the law either because he wills to break 
it or because his conception of good or of de- 
velopment is faulty. One of the commonest 
faulty conceptions is that there can be any 
conflict between individuals in the development 
of their respective powers for good. It is al- 
ways to one's best interest to concede to one's 
fellow everything it is to the latter's best in- 
terest to have. Natural law never demands 
the development of one at the expense of an- 
other. 

The meaning of natural rights follows from 
that of the law of nature. Every individual 
has a natural right to do and enjoy those 
things which make for his highest development. 
But it must be remembered that his highest de- 
velopment forbids his interference with that of 
others. Thus the things we commonly term 
natural rights, such as life, liberty, property, 
freedom of speech and opinion, are things 
which it is for the interest of every man that 
every man should in a high degree enjoy. But 
these rights are not absolute or unrestricted. 
A man may be taxed, imprisoned in the con- 
tagious ward of a hospital or driven to certain 
death in a charging regiment. His highest de- 
velopment may require the taking of his prop- 
erty, liberty or even life. If so, natural law is 
not thereby violated nor natural rights in- 
fringed. 

See Liberty, Civil; Political Theories, 
Ancient and Mediaeval; Political Theo- 
ries of English Publicists; Social Compact 
Theory. 

References: W. W. Willoughby, Nature of 
the State (1896), 91-05, 103-118; D. G. Ritchie, 
Natural Bights (1895), 3-110. 

Henry A. Yeomans. 

NATURALIZATION. See Citizenship in 
the United States; Declaration of Inten- 
tion to be Naturalized. 



NATURALIZATION, LAW OF. General 
Features. — Naturalization is the process by 
which a state confers its citizenship or na- 
tionality upon a foreigner. In most civilized 
countries it carries with it the status of a 
natural born citizen, except in the enjoyment 
of some of the higher political privileges. In 
the United States it confers all the rights and 
privileges of citizenship except that of eligibil- 
ity to the presidency (Const. Art. II. Sec. i, 
H 5). Generally speaking naturalization is ap- 
plied for voluntarily, but it may be imposed 
upon a foreigner without his application when 
the sovereignty of the territory in which he 
is domiciled is changed. It is bestowed upon 
a foreign woman when she marries an Ameri- 
can, and upon the minor children when the 
parents are naturalized. It is collective or 
individual — collective naturalization being ef- 
fected by statute or treaty and individual 
naturalization by general or special law. In- 
stances of collective naturalization are: the 
enabling acts admitting several of the terri- 
tories to statehood and declaring that all who 
have enjoyed the privilege of voting in the ter- 
ritory shall be deemed citizens; the joint reso- 
lution annexing Texas (March 1, 1845), which 
made American citizens of all citizens of the 
Republic of Texas; the act of April 30, 1900, 
providing civil government for Hawaii, which 
conferred American citizenship upon all citi- 
zens of the Republic of Hawaii; certain In- 
dians who have adopted civilized life (Act of 
March 3, 1843, for example). The cases of 
naturalization by treaty are: the treaty of 
1794 (Jay treaty) surrendering the frontier 
posts; that of 1803 ceding Louisiana; that of 
1819 ceding Florida; that of 1848 ceding Cali- 
fornia and other territory; that of 1853 for 
the Gadsden purchase; that of 1867 for the 
Alaska purchase. 

Special Act. — Naturalization by special act 
has occurred when certain Indians have been 
permitted to secure citizenship by applying to 
a court (acts of July 15, 1870, March 3, 1873, 
and May 2, 1890) or even without application 
(act of February 8, 1887) ; also when the 
requirements of preliminary residence or previ- 
ous declaration of intention have been lessened 
for certain groups of persons (act of April 14, 
1802, and March 22, 1816). An instance of 
readmission to citizenship under special act 
was the case of an American born woman, 
the widow of an Englishman (joint resolution 
of May 18, 1898). 

General Law. — The general law of naturali- 
zation in the United States is the same in its 
main features as that of other civilized states, 
but it is peculiar in requiring the declaration 
of intention at least two years before natu- 
ralization and investing the power of natural- 
ization in the courts, the former being a 
requirement unknown elsewhere, and Canada 
being the only other country in which natu- 
ralization is a function of the judiciary. 



497 



NAVAL ACADEMY AT ANNAPOLIS 



The Declaration of Independence gave as 
one of the grievances against George III that 
he had "endeavored to prevent the population 
of these states; for that purpose obstructing 
the laws of naturalization of foreigners," and 
the Constitution vested in Congress the power 
"to establish an uniform Rule of Naturaliza- 
tion" (Art. I, Sec. viii, fl 4). The first 
federal naturalization law was passed March 
26, 1790. The next, that of January 29, 1795, 
introduced the requirement of preliminary dec- 
laration of intention to become a citizen, and 
also made the period of preliminary residence 
five years, the time now required. The next 
law, that of June 18, 1798, was enacted under 
the temporary dominance of anti-foreign senti- 
ment and was intended to be an accompani- 
ment of the Alien and Sedition laws (see). 
It required that the declaration of intention 
be made at least five years before the natu- 
ralization and that there be at least fourteen 
years of preliminary residence. It was re- 
pealed by the act of April 14, 1802, which laid 
down the system which has been followed ever 
since. 

Frauds against the naturalization laws be- 
gan even before the Constitution was adopted, 
the actuating motive usually being the desire 
to vote, and were a continuous scandal. By 
executive order of March 1, 1905, President 
Roosevelt directed that a commission be formed 
of an officer of the Department of State, one 
from the Department of Justice and one from 
the Department of Commerce and Labor, to 
make an investigation and report what ought 
to be done to reform the system of naturaliza- 
tion. The report of the commission was sent 
to Congress at the session of 1905, and from 
it resulted the act establishing the Bureau of 
Immigration and Naturalization in the De- 
partment of Commerce and Labor and provid- 
ing a uniform rule of naturalization, approved 
June 29, 1906 (34 Stat. 596). 

This law, as amended by the law of 1912, 
creating a Department of Labor, concentrates 
authority over naturalization with the fed- 
eral executive, while the courts retain the 
power to naturalize. By requiring every ap- 
plicant to make a petition in duplicate at 
least 90 days before naturalization, and 
that one copy be sent to the bureau in 
Washington, the government has opportunity 
to examine all naturalization applications and 
contest the conferring of naturalization in un- 
worthy cases; while naturalization for politi- 
cal purposes is checked by prohibiting all 
naturalization for at least thirty days before 
an election. The act confers authority over 
all naturalization matters upon the commis- 
sioner of naturalization under the direction 
of the Secretary of Labor; provides that all 
federal courts and state courts of record hav- 
ing jurisdiction in actions at law or equity, 
without limit to the amount in controversy, 
may naturalize; that the declaration of inten- 



tion may be made by one who is at least eigh- 
teen years of age, and at least two years be- 
fore application for naturalization; that the 
residence before application for naturalization 
must be at least five years; that at least 90 
days before naturalization the petition in du- 
plicate must be presented to the naturalizing 
court, one copy being sent to the Bureau of 
Naturalization; that there shall be public 
notice of applications; that no hearing shall 
be had within thirty days of an election; that 
the applicant must speak English and sign 
his application in his own handwriting; that 
the hearings must be in open court; that the 
United States shall be represented; that all 
naturalizations and refusals to naturalize 
shall be reported to the Bureau of Natu- 
ralization; that there shall be uniform dec- 
larations, petitions, and certificates of natu- 
ralization, furnished in blank by the Bureau; 
that an illegally granted certificate of natu- 
ralization may be revoked at any time there- 
after; that anyone who returns to a foreign 
country within five years after his naturaliza- 
tion shall be presumed to have obtained 
naturalization with fraudulent intent and 
his naturalization shall be set aside unless 
he overcomes the presumption; and provides 
heavy penalties for violating the act. 

See Alien; Citizenship in U. S.; Insular 
Cases. 

References: F. Van Dyne, Citizenship of the 
United States (1904) ; A. P. Morse, A Treatise 
on Citizenship (1881); A. J. E. Cockburn, 
Nationality (1869); F. G. Franklin, Natu- 
ralization (1906) ; U. S. vs. Wong Kim Ark, 
169 U. 8. 674; Boyd vs. Nebraska, 143 U. 8. 
135; Message of the President Transmitting a 
Report and Recommendations from the Secre- 
tary of State on the subject of the Naturaliza- 
tion of Aliens in the United States, in Sen. 
Doc., 58 Cong., 3 Sess., No. 63 (1904) ; Report 
to the President of the Commission on Natu- 
ralization, submitted November 8, 1905, in 
House Exec. Doc, 59 Cong., 1 Sess., No. 46. 

Gaillard Hunt. 

NAVAL ACADEMY AT ANNAPOLIS. This 
institution, founded in 1845 by order of the 
Secretary of the Navy, for the education of 
midshipmen for the United States Navy, count- 
ed about 3,800 graduates in 1911. Of those 
graduated since 1869 about two-fifths are now 
serving in the Navy, making up nearly the 
whole of the officers of the line and the naval 
constructors. For the instruction of 700 mid- 
shipmen, appointed on the recommendation of 
Senators and Representative in Congress from 
all the states, about 100 officers and 30 civilian 
instructors are stationed at Annapolis. Up 
to June 30, 1910, the grounds, buildings, and 
equipments had cost $21,475,690; and the aver- 
age cost of maintenance for each of the pre- 
ceding five years had been $1,250,000. The 
intenance of the Naval Academy is pro- 



498 



NAVAL HOMES— NAVAL VESSELS 



vided for as an item in the annual appropria- 
tion bill for the support of the naval service; 
and the salaries of officers and midshipmen are 
included in the general estimate for the pay 
of the Navy. See Education, Military and 
Naval; Officers, Military and Naval. 
References: P. Benjamin, Hist, of the U. 8. 
Naval Acad. (1900) ; Naval Acad. Graduates' 
Assoc, Register (1908) ; W. Pulsifer, Navy 
Yearbook, 1910, 721, and year by year; U. S. 
Navy Department, Annual Reports, 1912, 57, 
111-117, 132-135; Laics Relating to the 
Navy (1898), 70-77, 494-498; Register of the 
U. 8. Naval Acad., 1912. C. G. C. 

NAVAL HOMES. In 1811 Congress author- 
ized the foundation of an asylum for disabled 
and decrepid seamen of the Navy, appropriat- 
ing certain hospital funds for the purpose. 
The present naval home at Philadelphia was 
erected in 1832. It is now supported by an 
annual appropriation of $82,000, drawn from 
interest on the navy pension fund. Inmates are 
required to surrender all pensions to the home ; 
but it is proposed to amend the law to place 
them on the like footing with pensioners ad- 
mitted to soldiers' homes. The number of 
inmates on June 30, 1911, was 99. Seamen 
who have served in the Navy during war are 
admitted to the national homes for disabled 
volunteer soldiers and to similar establish- 
ments in various states. See Marine Hos- 
pitals; Pensions; Soldiers' Homes. Refer- 
ences: U. S. Navy Department, Annual Re- 
ports, 1912, 62, 69; Laws Relating to the 
Navy (1898), 55, 98. C. G. C. 

NAVAL OFFICER IN CUSTOMS SERVICE. 
In certain customs districts where a daily ac- 
counting with the Treasury Department is im- 
practicable, a treasury official known as a 
naval officer acts concurrently with the col- 
lector in estimation of duties, and thus, 
through his independent records and vouchers, 
certifies to the correctness of the collector's 
account. The title comes down from colonial 
times. See Collector of Customs; Surveyor 
of Customs; Tariff Administration. 

D. R. D. 

NAVAL STATIONS. The distinction be 
tween navy-yards and naval stations is based 
upon a comparison of their present equipment 
rather than their strategic importance. Thus 
Guantanamo in Cuba and the station to be 
assigned to the Navy in the Canal Zone of 
the Isthmus of Panama are of greater prospec- 
tive value than any of the three navy yards 
south of Cape Hatteras, though the new sta- 
tions have not yet been equipped for the 
supply and repair of the fleet. Two harbors 
on the continent and four elsewhere are classed 
as naval stations, including the islands of 
Guam and Tutuila in the Pacific which are 
administered by the Navy Department. Six 



coaling stations are provided; but the use 
of improved types of colliers and vessels for 
supplying the fleet with oil should prevent the 
multiplication of such establishments. A num- 
ber of naval magazines are distributed along 
the coast as auxiliaries to the navy yards. 
See Navy Yards; Posts, Military. Refer- 
ences: Navy Department, Annual Reports, 
1910, 31-33, 175-179, 1911, 24, 66, 396-398, 
1912; Regulations for the Government of the 
Navy (1909), ch. xxxvii. C. G. C. 

NAVAL VESSELS. Construction.— No ves- 
sel can be built without authority from Con- 
gress; a limit to the cost is generally voted; 
and annual appropriations are made according 
to the progress of the work. Ships may be 
constructed at a public navy-yard or by con- 
tractors at a private establishment. The rule 
prescribed at the foundation of the American 
Navy in 1794 made our frigates superior to 
those of other nations; and the same purpose 
has been kept in view in recent years, though 
foreign designs have been adopted in some 
cases; and delays in construction have some- 
times baffled the intention to produce vessels 
of the latest type. Throughout the sail period 
our ships and guns were equal to those of 
any other nation, though few rated ships of the 
line ever cruised under the American flag. 
Steam power was adopted at an early date; 
but the transformation was not complete in 
1861; and no ironclads had then been designed. 
The original Monitor was of great use in an 
emergency, but she and her consorts were 
hardly seaworthy; nor could their armor re- 
sist the fire of the forts at Charleston when 
engaged within the range of the naval smooth 
bore guns. Coast-defense ships of this type 
were built long after the Civil War — four of 
them since 1898 — but they were never adapted 
to the requirements of a sea-going fleet. 

Authority. — The naval advisory board of 
1881 reported in favor of steel ships and 
rifled guns; and cruisers of modern design 
were authorized by Congress in 1883, when 
a check upon the practice of keeping obsolete 
vessels in service by unlimited repairs ap- 
peared in the appropriation bills: repairs ex- 
ceeding 20 per cent of the estimated cost of a 
new ship may no longer be made without 
specific authority from Congress. Designs are 
prepared by the bureaus of the Navy Depart- 
ment after careful study of service require- 
ments and naval progress in foreign countries; 
and the general board charged with the duty 
of advising the Secretary as to "the number 
and types of vessels proper to constitute the 
fleet" revises the plans with expert assis- 
tance. The increase of the Navy since 1900 
has not been obstructed by eccentric or im- 
practicable designs; but the appropriations 
for 1912 and 1913 provided for only one battle- 
ship each year instead of the three included in 
the estimates of the Navy Department. 



499 



NAVAL VESSELS 



Battleships. — The first vessels fit to oppose 
sea-going armored ships of modern type were 
the Texas and the Maine, authorized in 1886 
and built from English designs. The Indiana, 
authorized in 1890, and commissioned in 1895, 
indicated the type of the next score of battle- 
ships. Eepairs costing $2,019,000 (nearly 40 
per cent of the original cost of the ship), just- 
ify her retention on the list. With three con- 
sorts, the Massachusetts, Iowa, and Oregon, 
she established the superiority of the American 
fleet during the war with Spain. All the 26 
battleships designed between 1890 and 1906 
had forward and after turrets, with a pair 
of 12 or 13-inch guns in each, and an inter- 
mediate battery of guns varying in calibre 
from 5 to 8-inch. The maximum speed was 18 
knots, and the belt of armor was 18 inches 
thick. Displacement increased from 10,000 to 
16,000, tons and the cost advanced to $7,911, 
254 for the Connecticut, though the Illinois of 
11,552 tons had been completed in 1901 for 
$4,621,408. 

The dreadnought design of 1906 armed the 
Michigan and South Carolina with 8 12-inch 
guns in 4 central turrets. The Delaware and 
North Dakota, designed in 1907 and commis- 
sioned within three years, carry 5 similar tur- 
rets with a displacement of 20,000 tons and 
steam 21 knots; the reciprocating engines of 
the Delaware giving better results in cruising 
than the turbines of her consort. The Florida 
and Utah, commissioned in 1911, have 16 5- 
inch guns as an anti-torpedo battery in place 
of the Delaware's 14; and the Arkansas and 
Wyoming, completed in 1912, have 21 of these 
guns besides six pairs of 12-inch guns mounted 
in turrets. They displace 26,000 tons, and, 
like their predecessors, are propelled by tur- 
bines. 

For the Texas and New York ten 14-inch 
guns are supplied, with triple turrets for- 
ward and aft and pairs in two other turrets. 
The New York was built in a navy-yard, and 
the limit of cost for hull and machinery was 
$6,400,000. For other battleships, including 
the Nevada and Oklahoma authorized in 1911 
under the 8-hour rule for labor, the contract 
price falls within the limit of $6,000,000 im- 
posed by Congress, though the tonnage rises to 
27,000. Each of these ships will have nearly 
7,000 tons of armor costing $420 per ton; 
and when armed and equipped the total cost 
may exceed $10,000,000. For the Pennsylvania 
of 31,500 tons and a similar battleship au- 
thorized in 1913, the limit is $7,425,000 each 
for hull and engines. While gaining 170 per 
cent in tonnage and more than that in fight- 
ing power the cost of a battleship has thus 
doubled within twenty years, which is the 
normal life of such vessels. The complement 
of a modern battleship is nearly 1000 officers 
and men; and it may cost as much as 
$1,000,000 to keep one of these vessels in 
commission for a year. 



Cruisers. — Sea speed and coal endurance are 
secured for vessels of this class by some sacri- 
fice of guns and armor; but the British battle 
cruisers of 27,000 tons are superior to most 
battleships. None of this type are planned in 
America; but the Navy has 10 armored cruis- 
ers of 14,000 tons displacement, armed with 
8 and 10-inch guns, and built at a cost of 
$5,800,000 each. They have a speed of 22 
knots; and there are 3 scout cruisers of 3750 
tons and 26 knots, a force inadequate to cover 
the movements of the fleet. The 24 other 
cruisers and 30 gunboats of obsolete types 
retained for service during peace are of slight 
military value. 

Torpedo Flotillas.— For attacking a hostile 
fleet and repelling lighter craft armed with 
torpedoes, the sea-going destroyer has been ad- 
vanced to 1000 tons in size and armed with 
torpedoes ranging 8000 yards. Such vessels 
cost nearly $750,000, and a number were under 
construction in the United States in 1912. 
Larger vessels of the cruiser type are now 
proposed as substitutes for destroyers. Sub- 
marines of like tonnage and cost can cruise 
for 5000 miles and make submerged runs of 
100 miles. Flotillas of destroyers and subma- 
rines should be capable of breaking blockades 
and scattering fleets of transports. 

Auxiliaries. — The Navy has 25 colliers, the 
largest of them having a carrying capacity of 
20,000 tons with fittings for rapid coaling in 
port or at sea. The latest of these vessels 
are used for testing turbines and electric en- 
gines. Aeroplanes and hydroplanes promise 
to facilitate scouting in the Navy, particularly 
if they can use wireless telegraphy in report- 
ing. 

For a fleet of 24 battleships, 6 armored cruis- 
ers, and the necessary flotillas and auxiliaries 
the 44,000 men provided left some vessels 
short of their complement, and an increase of 
4,000 men have been authorized since 1912, 
besides 3,500 apprentice seamen. 

Legal Status. — Under recent international 
law, a public vessel is considered both on the 
high seas and in foreign ports as within the 
exclusive jurisdiction of the home country. 
Such vessels are expected to respect "the peace 
of the port," but infractions are matters for 
diplomatic representation only. On board the 
vessel the naval articles of war of the United 
States are in force; and all enlisted men may 
be severely punished for refusing duty. In 
parts of the United States civil courts may 
punish offenses committed on men-of-war. 

See Armies and Navies, Foreign; Coast 
Defense ; Extraterritoriality ; Military 
and Naval Expenditures; Navigation, Regu- 
lation of; Officers, Military and Naval. 

References: Naval Annual (1913) ; F. T. 
Jane, Fighting Ships (1911), British Battle 
Fleet (1912); W. Pulsifer, Navy Year Book 
(1912), 760-794; R. W T ainwright and others, 
"The Fleet" in Scientific Am., CV (1911) 



500 



NAVIES, FOREIGN— NAVIGATION, BUREAU OF, DEPARTMENT OF COMMERCE 



514-536; U. S. Naval Institute, Proceedings 
(1911), 308, 649, 1071, 1446; G. R. Clark 
and others, Short Hist, of the U. S. Navy 
(1911); E. S. Maclay, Hist, of the U. 8. 
Navy (1901-1902); J, R. Spears, Hist, of 
our Navy (1879-98); Am. Year Book, 1910, 
364, 376, and year by year; Navy League 'An- 
nual ( 1912 ) ; A. T. Mahan, Interest of America 
in Sea Power, Present and Future (1897), 
"Battleship and Its Satellites" in Quart. Re- 
view, No. 435 (April, 1913), 457-476; M. F. 
Sueter, Evolution of the Submarine Boat, Mine 
and Torpedo ( 1907 ) ; W. Wood, Battleship 
(1912); R. A. Fletcher, Warships (1911); F. 
M. Bennett, Steam Navy of the United States 
(1896). C. G. Calkins. 

NAVIES, FOREIGN. See Armies and Nav- 
ies, Foreign. 

NAVIGABLE WATERS. The navigability 
of a stream or body of water is in different 
ways of legal significance and for different 
purposes different tests are applied in determ- 
ining the fact. 

By the common law of England all tidal 
waters are deemed to be public in two senses; 
first, they are free to the public for navigation, 
and, second, the land underlying them is not 
subject to private ownership. In some of our 
states this test is still applied in determining 
the right of private ownership of land; while 
in other states, notably those in which titles 
are derived from the Federal Government, the 
test afforded by the ebb and flow of the tide 
is disregarded and the beds of lakes and 
streams which are in fact navigable belong to 
the state for the use of the public, while in 
case of non-navigable lakes and streams, the 
ownership of the land abutting upon such 
waters extends to the middle of the channel. 
In the sale of land by the Federal Government, 
according to the system of public survey, navi- 
gability of the streams and bodies of water in- 
volved is determined by the survey itself and 
if the stream or body of water is meandered 
then the title acquired from the United States 
extends only to high water mark. The owner 
of land abutting upon navigable water has, 
however, rights of access thereto which are 
in their nature property rights. 

In the protection of the public right of navi- 
gation the fact of navigability for useful com- 
merce is the only recognized test in this coun- 
try. The Great Lakes and smaller lakes and 
all rivers and streams which are capable of 
use for the purposes of navigation are in that 
respect under the public control. 

The Federal Government has jurisdiction and 
authority with reference to all waters within 
its territorial limits, which are in fact naviga- 
ble, in two ways: first, its courts are author- 
ized to try cases in admiralty {see Admiralty 
and Maritime Jurisdiction ) , and, second, un- 
der the authority to regulate foreign and in- 



terstate commerce, Congress may regulate ful- 
ly their use for the benefit of the public and 
prevent any diversion of water which will un- 
duly interfere with or diminish their availabil- 
ity for purposes of navigation. But Congress 
does not have any peculiar jurisdiction with 
reference to streams merely from the fact that 
they flow through two or more states. Refer- 
ence: T. M. Cooley, Constitutional Limitations 
(7th ed., 1903), 861-868. 

Emlin McClain. 

NAVIGATION ACTS. The navigation acts 
were the first step in the British mercantile 
system, which was designed to make the em- 
pire self-supporting and to benefit England, 
rather than, with set purpose, to restrict the 
activities of the colonies. The act of 1660, 
which was an amplification of the ordinance 
of 1651, contained both shipping and trade 
regulations. The coasting trade, the trade 
between England and the colonies, and all 
colonial trade with European countries was 
to be carried in English or colonial ships. 
Thus, although the ports of the colonies were 
closed to foreign vessels, the colonists could 
trade directly with Europe in English or colon- 
ial ships, and were freely admitted to the 
carrying trade of the empire. The trade regu- 
lations, however, required that all sugar, to- 
bacco, and four other "enumerated" colonial 
products could be shipped only to English or 
colonial ports. 

The act of 1663 still further restricted colon- 
ial trade by requiring that all European goods 
destined for the colonies must first be landed 
in England, thus giving the British merchants 
a monopoly of the colonial import trade as 
well of the chief colonial exports. The act 
of 1672 seriously limited intercolonial trade 
by levying duties on the enumerated "goods or 
requiring a bond that they should be shipped 
solely to England. The act of 1696 provided 
for the more efficient enforcement of these 
principles and repealed all colonial laws repug- 
nant to these acts. 

See Acts of Trade; Boards of Trade; 
Colonial International Relations; Com- 
merce, International; Colonization, Prin- 
ciples of; Lords of Trade. 

References: C. M. Andrews, Colonial Self- 
Government (1904), 1-21; E. Channing, Hist, 
of the U. S. (1908), II, 7-13, 251-279; W. Mac- 
Donald, Select Charters, Nos. 22, 25, 28, 34, 
43 (text of acts) ; G. L. Beer, The Old Colonial 
System (1912), 1, ch. ii; H. L. Osgood, The 
American Colonies in the Eigheenth Century 
(1907), III, ch. vii. Everett Kimball. 

NAVIGATION, BUREAU OF, DEPART- 
MENT OF COMMERCE. The Bureau of Navi- 
gation is one of the bureaus which constitute 
the Department of Commerce, and it is un- 
der the direction of the Commissioner of Nav- 
igation. The function of the Bureau is to 



501 



NAVIGATION, BUREAU OF— NAVIGATION OF INTERNATIONAL RIVERS 



report in detail the increase in vessels of the 
United States, to investigate the operation of 
the laws relative to navigation, and to report 
annually to the Secretary of Commerce in 
what particulars, according to the judgment of 
the Commissioner of Navigation, the laws ad- 
mit of improvement or may require amend- 
ment. Up to the present, the Commissioner 
has reported a satisfactory condition in the 
coastwise and interior navigation, but a steady 
decline in foreign navigation. A study of the 
shipping subsidy policies of foreign countries 
has convinced him that only the adoption of 
a more liberal policy of ocean-mail subsidies 
can revive American shipping engaged in for- 
eign commerce, and his recent reports contain 
recommendations to that effect. The Commis- 
sioner regularly criticizes "our antiquated nav- 
igation laws," and has recently recommended 
among other things the repeal of the registra- 
tion law of 1792, the repeal of much legisla- 
tion designed for steamships so far as it has 
applied to motor boats, the alteration of the 
tonnage law, and fresh legislation dealing with 
wireless telegraphy. See Commekce and La- 
bor, Department of; Commercial Policy and 
Relations; Steamboat Inspection; Sub- 
sidies to Shipping. References: Secretary of 
Commerce and Labor, Annual Reports; Com- 
missioner of Navigation, Annual Reports. 

A. N. H. 

NAVIGATION, BUREAU OF, NAVY DE- 
PARTMENT. The Bureau of Navigation is 
one of the bureaus of the United States Navy 
Department. It is charged with the commis- 
sioning of officers, the recruiting of the enlisted 
force, and the manning of vessels in active 
service. The Bureau also manages the several 
training stations and naval homes and the 
United States naval observatory {see Observa- 
tories, Public), and conducts the publication 
of the Nautical Almanac and the preparation 
of charts in the hydrographic office for the use 
of naval officers. See Naval Vessels; NAvr 
Department of. References: Secretary of the 
Navy, Annual Reports; J. A. Fairlie, National 
Administration of the U. 8. (1905), 161; C. H. 
Van Tyne and W. G. Leland, Guide to the 
Archives of the Govt, of the TJ. 8. (2d. ed., 
1907), 233. A. N. H. 

NAVIGATION OF INTERNATIONAL RIV- 
ERS. General Principles. — The right of navi- 
gation of international rivers has been sup- 
ported by many writers since Grotius (1625), 
and has been denied by many. From the early 
days of the nineteenth century there has been 
a tendency to regulate the navigation of rivers 
by conventional agreement. By the treaty of 
Vienna, of 1815, rivers separating or traversing 
two or more states "from the point where each 
of them becomes navigable to its mouth shall 
be entirely free, and shall not, in respect to 
commerce be prohibited to any one." Special 



arrangements were made by treaty for special 
rivers. Tonnage and other duties for the 
maintenance of the riverways were allowed, 
as well as reasonable regulations. It does not 
appear from this treaty that navigation of in- 
ternational rivers was regarded as a right 
except as secured by convention. 

European Rivers. — These are for the most 
part now open to navigation by virtue of a 
series of conventions. The Treaty of Paris 
in 1856 extended the principles of the Treaty 
of Vienna of 1815 to the Danube, and the 
carrying out of this arrangement has been 
entrusted to various commissions since that 
time. 

North America.— The treaty of 1842 between 
the United States and Great Britain provides 
that citizens of both countries may freely 
navigate the river St. John. The navigation 
of the Columbia river was secured to British, 
subjects by the treaty of 1846 (Art. II) ; and 
the navigation of the St. Lawrence to the 
subjects of the United States by the treaties 
of 1854 and 1871. The general form of regu- 
lation may be seen in Article XXVI of the 
Treaty of 1871: 

The navigation of the rivers Yukon, Porcupine, 
and Stikine ascending and descending, from, to, 
and into the sea, shall forever remain free and 
open for the purposes of commerce to the subjects 
of Her Britannic Majesty, and to the citizens of 
the United States, subject to any laws and regu- 
lations of either within its own territory, not 
inconsistent with such privilege of free navigation. 

So the Treaty of 1783 with Great Britain 
provides: "The navigation of the Biver Missis- 
sippi, from its source to the ocean shall fore- 
ever remain free and open to the subjects of 
Great Britain and the citizens of the United 
States." 

South America.— A treaty of 1851 between 
Peru and Brazil provided that the navigation 
of the Amazon should be wholly within the 
control of the riparian states. Protests 
against the limitation upon navigation were 
made. A measure of freedom was conceded to 
all nations by a decree of 1867. Many. compli- 
cations have arisen in regard to the navigation 
of South American rivers, owing to attempts 
from time to time on the part of certain 
states to establish special regulations or to 
close the rivers altogether. 

Asia and Africa. — The navigation of the Con- 
go and the Niger in Africa was declared free 
and open to all nations by the Berlin Confer- 
ence of 1884-85. The Chinese rivers were 
opened to navigation of all states in 1898. 
The legality of the action of Egypt, in 1906, 
in closing the Lower Nile to vessels bound for 
the Congo on the Upper Nile does not seem 
to have been denied; and it is evident that 
practice as shown by treaty agreement is 
favorable to freedom of navigation of inter- 
national rivers; yet this cannot be claimed 
as a right in absence of conventional agree- 
ment. 



502 



NAVIGATION, REGULATION OF— NAVY, DEPARTMENT OF 



See Lakes, Jurisdiction and Navigation 
of; Navigation, Regulation of; Riparian 
Rights; Rivers, Jurisdiction and Naviga- 
tion of; Water Boundaries; Waterways, 
Regulation of. 

References: J. N. Westlake, Int. Law 
(1909), Pt. I, 141-157; W. E. Hall, Int. Law 
(1909), 1131; J. B. Moore, Digest of Int. Law 
(1906), I, 627-653; E. Hertslet, Map of 
Europe by Treaty (1875-1891). 

George G. Wilson. 

NAVIGATION, REGULATION OF. The reg- 
ulation of navigation by the United States 
Government is, for the most part, entrusted to 
the Steamboat Inspection Service {see) and 
the Bureau of Navigation {see), established in 
1884, both, since 1903, within the Department 
of Commerce and Labor — since 1913, the De- 
partment of Commerce. The chief officer of 
the Bureau is the Commissioner of Navigation 
who has jurisdiction over the commercial ma- 
rine and merchant seamen of the United States. 
The duties of the Commissioner include the 
measuring and documenting of vessels {see 
Registry of Shipping) ; the preparation and 
publication of a list of documented vessels; 
the interpretation of tonnage tax laws; the 
issuance of instructions to the collectors at the 
ports concerning the entry and clearance of 
vessels; the enforcement of the laws for the 
protection of seamen {see Seamen), the pub- 
lication of the statistics of merchant shipping 
and shipbuilding; and the preparation of an 
annual report to the Secretary of Commerce. 

At most ports there is a shipping commis- 
sioner to keep a register of the men who may 
desire to ship as seamen; "to superintend their 
engagement and discharge in manner pre- 
scribed by law," to aid masters of vessels in 
compelling their seamen to be on board ship 
at the agreed time; and "to facilitate the 
making of apprenticeships to the sea service." 
At the small seaports, the collector of the port 
is charged also with the duties of shipping 
commissioner. 

Maritime navigation is subject to the laws 
of pilotage (see) and quarantine (see). Coast- 
wise commerce is open only to vessels of Ameri- 
can registry (see Coasting Trade), and only 
vessels of American construction and owner- 
ship can be enrolled under the flag of the 
United States. Under certain conditions, 
vessels built abroad may be registered for 
the foreign trade. 

See Coasting Trade; Interstate Commerce 
Legislation; Lakes, Jurisdiction and Navi- 
gation of; Merchant Marine; Pilotage; 
Registry of Shipping; Shipping, Regulation 
of; Steamboat Inspection; Subsidies to 
Shipping; Weather Signals; Wireless 
Telegraphy. 

Reference: E. R. Johnson, Ocean and In- 
land Water Transportation (1906), ch. xv. 

E. R. Johnson. 



NAVY, DEPARTMENT OF. After the Rev- 
olution, what little was left of the Navy 
was abolished, and naval affairs were admin- 
istered by the W^ar Department. In 1794, 
however, Congress provided for the construc- 
tion of six frigates, and in 1798 the Depart- 
ment of the Navy was created, with a cabinet 
officer at its head.. Under President Jefferson, 
naval construction was stopped. The war of 
1812 found the United States with sixteen war 
vessels, which did much to retrieve failures on 
land. Two improvised fleets — one on Lake 
Champlain and the other on Lake Erie — added 
largely to the honors gained on the seas. 
From 1815 to 1861 the navy languished. Then 
came Ericson's "Monitor," which revolutionized 
naval construction. During the War of Seces- 
sion the navy accumulated 600 vessels of all 
kinds. During this rapid expansion great 
frauds were perpetrated on the Department 
which was endeavoring to cope with an annual 
expenditure of 140 millions with administra- 
tive machinery devised for the expenditure of 
a single million. Gideon Wells and Gustavus 
G. Fox, the Secretary and assistant secretary, 
were men of integrity and capacity; and to 
the limit of its opportunities the Navy main- 
tained its traditional distinction. After that 
war, the Navy again was suffered to become 
obsolete; but under Secretary William C. Whit- 
ney, in 1885, the modern Navy began with a 
complete reorganization of the department. 
During the war with Spain the naval battles 
at Manila and Santiago won prestige for the 
Navy. In 1912 the United States ranked 
third in sea strength, England being first, and 
Germany having gone from third to second 
place during the previous year. 

Organization.— The Secretary and assistant 
secretary are appointed from civil life. The 
Secretary has the assistance of naval officers 
who have no executive authority, but keep him 
informed as to the workings of the Depart- 
ment. They are known as: the aid for opera- 
tions, who is concerned with the organization 
and manoeuvers of the fleet; the aid for per- 
sonnel, who supervises recruiting, the detail 
of officers and discipline; the aid for material, 
who examines into repairs of vessels; and the 
aid for inspection, who expedites the progress 
of naval work. The assistant secretary has 
charge of yards and docks and of the marine 
corps. The general board, composed of the 
admiral and 13 other officers, formulates plans 
for the organization and operation of the navy. 

The Bureau of Navigation issues and en- 
forces orders to individual officers; has charge 
of education at the naval academy, the war 
college, and the schools for enlisted men; 
keeps the records of service; publishes the 
Annual Register, and deals with matters of 
discipline. The personnel thus cared for in- 
cludes (1912) 2,400 commissioned officers, 
51,500 seamen, and 10,000 marines, besides 
the various special corps. 



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505 



NAVY, SECRETARIES OF 



The Bureau of Yards and Docks, officered by- 
civil engineers, controls all public works at 
navy yards or elsewhere, including hospitals, 
barracks, and magazines; and makes estimates 
for construction and for purchase of supplies. 

The Bureau of Ordnance has charge of the 
torpedo station at Newport, R. L, the prov- 
ing ground and magazines; it supervises the 
preparation of armor and fabricates the arma- 
ment of vessels at the Washington shops; fur- 
nishes ammunition and explosives; and super- 
vises the handling of machinery on ships. 

The Bureau of Construction and Repair is 
responsible for the designing, building, and 
repair of all ships built for the Navy, work- 
ing in consultation with the Bureau of Ord- 
nance and other bureaus. 

The Bureau of Steam Engineering deals 
with machinery used to propel ships, and me- 
chanism incidental thereto; together with sig- 
nal and electric apparatus, including wireless 
telegraphy; and with coaling stations. 

The Bureau of Medicine and Surgery has 
jurisdiction over all that relates to hospitals 
and hospital ships, laboratories and technical 
schools for the medical, hospital and nurse 
corps, including the naval medical school at 
Washington. 

The Bureau of Supplies and Accounts 
deals with the purchase storage and 
issue of supplies, including coal and water, 
and the accounts for the same. The judge ad- 
vocate general's office has jurisdiction over 
courts-martial, boards of investigation and of 
promotion and retirement, and all questions 
relating to regulations and precedence. The 
solicitor drafts and interprets statutes relat- 
ing to the Navy, prepares contracts and super- 
vises legal matters generally. 

The Office of Naval Intelligence employs six 
officers and an officer of the marine corps to 
prepare and publish information in regard to 
the naval affairs both at home and aboard, for 
the instruction and guidance of officers. The 
naval observatory, located in Washington, pub- 
lishes the Nautical Almanac. Although the 
observatory is in charge of a naval officer, the 
staff is composed almost entirely of civilians. 

The Marine Corps is under a commandant re- 
sponsible directly to the Secretary. Marines 
perform guard duty and exercise with the 
guns on board the vessels of the fleet, but the 
larger portion of the corps is at shore stations 
or in the dependencies. The school for officers 
is located at Norfolk, Va. 

Appropriations. — The amount appropriated 
for naval service, in 1912-13, was $123,220,707, 
of which sum 37 millions was for pay, 27 
millions for armor and armament, and 10 mil- 
lions for construction and repair of ships. 

Tendencies.— The development of machinery 
in almost every department of its work makes 
of the department a vastly complicated me- 
chanical establishment. Efficiency and scien- 
tific management, concentration of plants and 



economies in operation are now sought with 
all the ardor possible in governmental work. 

See Cabinet of the Pkesident; Executive 
and Congress; Executive Departments. 

References: Am. Year Book, 1910, and year 
by year; Navy Department, Reports; J. A. 
Fairlie, National Administration of the U. S. 
( 1905 ) ; J. F. Rhodes, History of the U. S., 
V (1904); Diary of Gideon Wells (1911), 
index title "Union Navy"; C O. Paullin, 
"Naval Administration in U. S." in Naval In- 
stitute, Proceedings, XXII, XXIII (1906-7); 
H. B. Learned, President's Cabinet (1911). 
Charles Moore. 

NAVY, SECRETARIES OF. Following is 
a list of Secretaries of the Navy, since the 
establishment of the department: . 

1798 (May 21)— 1801 (Mar. 31) Benjamin Stoddert. 

1801 (Apr. 1) Henry Dearborn (Sec. War; ad 
int.) 

1801 (July 15)— 1809 (Mar. 7) Robert Smith. 

1809 (Mar. 7)— 1812 (Dec. 31) Paul Hamilton. 

1813 (Jan. 7) Charles W. Goldsborough (Chief 
Clerk ; ad int.) 

1813 (Jan. 12)— 1814 (Dec. 1) William Jones. 

1814 (Dec. 2) Benjamin Homans (Chief Clerk; 
ad int.) 

1814 (Dec. 19)— 1818 (Sept. 30) Benjamin W. 
Crowninshield. 

1818 (Oct. 1) John C. Calhoun (Sec. War; ad 
int.) 

1818 (Nov. 9)— 1823 (Aug. 31) Smith Thompson. 

1823 (Sept. 1) John Rogers (Commodore, U. S. N. ; 
ad int.) 

1823 (Sep. 16)— 1829 (Mar. 3) Samuel L. Southard. 

1829 (Mar. 4) Charles Hay (Chief Clerk ; ad int.) 

1829 (Mar. 9)— 1831 (May 12) John Branch. 

1831 (May 13) John Boyle (Chief Clerk ; ad int.) 

1831 (May 23)— 1834 (June 30) Levi Woodbury. 

1834 (June 30)— 1838 (June 30) Mahlon Dickerson. 

1838 (July 1)— 1841 (Mar. 3) James K. Paulding. 

1841 (Mar. 4) John D. Simms (Chief Clerk; ad 
int.) 

1841 (Mar. 5)— 1841 (Sept. 11) George E. Badger. 

1841 (Sept. 11)— John D. Simms (Chief Clerk; ad 
int.) 

1841 (Sept. 13)— 1843 (July 23) Abel P. Upshur. 

1843 (July 24)— 1844 (Feb. 15) David Henshaw. 

1844 (Feb. 15)— 1844 (Feb. 28) Thomas W. Gilmer. 
1844 (Feb. 29) Lewis Warrington (Capt U. S. N. ; 

ad int.) 

1844 (Mar. 14)— 1845 (Mar. 10) John Y. Mason. 

1845 (Mar. 10)— 1846 (Sept. 9) George Bancroft. 

1846 (Sept. 9)— 1849 (Mar. 7) John Y. Mason. 

1849 (Mar. 8)— 1852 (July 22) William B. Preston. 

1850 (July 22)— 1852 (July 22) William A. Graham. 
1850 (July 23) Lewis Warrington (Capt. U. S. N. ; 

ad int.) 

1852 (July 22)— 1853 (Mar. 7) John P. Kennedy. 

1853 (Mar. 7)— 1857 (Mar. 6) James C. Dobbin. 
1857 (Mar. 6)— 1861 (Mar. 5) Isaac Toucey. 
1861 (Mar. 5)— 1869 (Mar. 3) Gideon W T elles. 
1869 (Mar. 4) William Faxon (Asst. Sec. ; ad int.) 
1869 (Mar. 5)— 1869 (June 25) Adolph E. Borie. 
1869 (June 25)— 1877 (Mar. 12) George M. Robeson. 
1877 (Mar! 12)— 1880 (Dec. 20) Richard W. Thomp- 
son (recommissioned, Mar. 17, 1873). 

1880 (Dec. 20) Alexander Ramsey (Sec. of War; 
ad int.) 

1881 (Jan. 6)— 1881 (Mar. 5) Nathan Goff, Jr. 

1881 (Mar. 5)— 1882 (Apr. 12) William H. Hunt. 

1882 (Apr. 12)— 1885 (Mar. 6) William E. Chandler. 
1885 (Mar. 6)— 1889 (Mar. 5) William C. W T hitney. 
1889 (Mar. 5)— 1893 (Mar. 6) Benjamin F. Tracv. 
1893 (Mar. 6)— 1897 (Mar. 5) Hilary A. Herbert. 
1897 (Mar. 5)— 1902 (Apr. 29) John D. Long (re- 
commissioned, Mar. 5, 1901). 

1902 (Apr. 29)— 1904 (July 1) William H. Moody. 

1904 (July 1)— 1905 (July 1) Paul Morton (re- 
commissioned, Mar. 6, 1905). i 

1905 (July 1)— 1906 (Dec. 12) Charles J. Bona* 
parte. ( 

1906 (Dec. 12)— 1908 (Dec. 1) Victor H. Metcalf. 

1908 (Dec. 1)— 1909 (Mar. 5) Truman H. Newberry. 

1909 (Mar. 5)— 1913 (Mar. 5) George von L. Meyer. 
1913 (Mar. 5) Josephus Daniels. 

A. B. H. 



506 



NAVY YARDS— NEAR EAST, DIPLOMATIC RELATIONS WITH 



NAVY YARDS. There are 11 navy yards 
belonging to the United States, three of them 
on islands in the Pacific ; and 20 naval stations 
of various classes at home and abroad. Their 
total cost prior to June 30, 1910 was $299,138- 
106, distributed as follows: 



practice of the American Government to de- 
mand, in general, privileges and concessions 
extended by any Near Eastern country to any 
European power, such as extraterritoriality. 
Where portions of this region have been an- 
nexed by European countries, as Algiers and 



Stations 


Date of 
Estab- 
lishment 


Original 

Cost 
of Site 


Total 
Expendi- 
tures 
for 
Plants 


Total 
Mainte- 
nance, 
Including 
Repairs 


Total Cost 
of Land, 
Public 
Works, 
Plants, 
and Mainte- 
nance 


Average 
Yearly 
Cost of 

Mainte- 
nance for 
Five 
Years 


First-class navy-yards 
(at home) : 

Portsmouth 

Boston 


1800 
1800 
1801 
1868 
1800 
1800 
1854 
1891 

1901 

1828 
1849 

1899 

1898 
1901 


$110,500.00 
360,782.26 
590,123.15 

Gift 

157.099.00 

478,517.50 

83,491.00 

18,212.50 

105,207.00 


$10,006,929.89 
14,015,799.50 
25,867,974.92 
11,015,439.94 
11,969,124.71 
15,733,682.19 
17,644,057.09 
5,610,377.53 

3,569,045.79 
7,700,637.10 
2,684,151.18 

1,577,814.35 

2,523,136.35 
2,908,849.48 


$8,720,582.09 
16,007,646.23 
31,177,278.60 
10,269,160.47 
13,197.175.25 
16,113,733.15 
17,363,162.17 
3,769,602.96 

778,381.52 

4,516,794.01 

701,984.69 

590,700.73 

8,723,088.71 
909.515.30 


$18,838,011.98 
30,384,227.99 
57,635,376.67 
21,284,600.41 
25,323,398.96 
32,325,932.84 
35,090,710.26 
9,398,192.99 

4,452,634.31 

12,217,431.11 

3,401,135.87 

2,226,655.58 

11,246,225.06 
3,818,364.78 


$428,595.15 

916,535.41 

1,958,452.92 


Philadelphia 

Washington 

Norfolk 

Mare Island 

Puget Sound 

Second-class navy-yards 
(at home) : 


708,093.69 

728,695.26 

1,006,598.64 

1,051,424.93 

469,012.97 

142,952.88 




340 011 95 


New Orleans 

First-class navy-yard 
(abroad) : 


15,000.00 
58,140.50 


112,098.79 
89,318 43 


Second-class navy-yards 
(abroad) : 


1,056,401.84 
177,265.33 


Olongapo 







It is now proposed to reduce expenses at 
the less important navy-yards like those at 
Pensacola and New Orleans; and other sites, 
including New York and Boston, may be con- 
demned for strategic reasons. The establish- 
ment at Norfolk and a new navy-yard on 
Narragansett Bay may then be equipped to 
serve as bases for a fleet with an important 
station at Guantanamo, Cuba. Pearl Harbor 
near Honolulu and the navy-yard on Puget 
Sound may become the chief establishments 
for the Pacific. Only four of the navy-yards 
will be prepared for docking the largest battle- 
ships now under construction. 

See Jurisdiction over Federal States; 
Military and Naval Expenditures; Naval 
Vessels; Public Buildings, Federal, State 
and Municipal. 

References: W. Pulsifer, Navy Yearbook, 
1912, 799-802. and year by year ; U. S. Navy 
Department, Annual Reports (1912), 42-51, 
119-123 House Reports, 61 Cong., 2 Sess., No. 
796 (1910). C. G. Calkins. 

NEAR EAST, DIPLOMATIC RELATIONS 
WITH. The Near East is a general term, 
commonly used to include the Balkan States, 
the Turkish Empire, Persia, and the Mediter- 
ranean countries of Africa. The policy of the 
United States has been to follow the decisions 
of the concert of European powers as to the 
status of these lands; though it has never, 
except in the case of Morocco, joined in the 
international discussion regarding them, and 
even then did not consider itself a regular 
member of the conferences. It has been the 



Tunis, the United States has accepted the 
extinction of the independent state. 

Joint political action with European powers 
has thus been avoided so far as possible. The 
United States and Great Britain, however, 
have agreed that their ambassadors and con- 
suls in Turkey shall cooperate in the protection 
of the citizens of the two countries. 

Corsair States. — The earliest relations of the 
United States with the Near East were 
brought about by American vessels, during and 
shortly after the Revolution, trading with the 
Corsair States of North Africa.. Treaties 
were, therefore, made with Morocco, in 1787, 
with Algiers in 1795, with Tripoli in 1796, 
and with Tunis in 1797, by which immunity 
was purchased {see Barbary Powers, Diplo- 
matic Relations with) for American ships 
by large payments of money. Further de- 
mands by Tripoli led to war in 1801. Tripo- 
li's defeat led to a new treaty in 1805. A 
short naval struggle with Algiers secured, in 
1815 the most favorable commercial treaty 
then granted by any of the pirate states. 

Extraterritoriality in Turkey. — A treaty 
was negotiated with the Ottoman Empire in 
1830, which is the basis of American rights 
in Turkey, though the privileges of extraterri- 
toriality, thereby gained have long been a 
subject of dispute. The American contention 
is based upon an admitted mistranslation of 
the treaty of 1830, and is not in accord with 
the practice of the European states. 

Missionaries and Schools. — American mission- 
aries, who have established nearly 600 relig- 
ious, educational and charitable institutions in 



81 



507 



NEBRASKA 



the empire, have been the cause of the largest 
number of diplomatic disputes. Their rights 
rest primarily upon the capitulations (see), 
which are grants made by the Sultans from 
the fifteenth century onward, confirming to the 
foreign and Christian communities in Turkey 
substantial self-government. 

The United States, largely on the basis of 
.long-established custom, has insisted upon all 
the privileges given by the capitulations; and 
the Ottoman Government has conceded this 
claim. The enforcement of capitulation rights, 
however, has led to difficulties. In 1903 the 
United States demanded that the American 
schools should receive official legalization and 
have their property registered in the name of 
the institution — privileges which France ob- 
tained in 1901. Though the justice of this 
claim was admitted, the necessary decrees were 
not issued. 

The United States next insisted that the 
rank of its diplomatic representative should 
be raised from minister to ambassador in order 
that he might hold personal interviews with 
the Sultan. After considerable opposition this 
was conceded by Turkey in 1906. The follow- 
ing year the Sultan granted the American 
schools the privileges demanded, in return for 
certain commercial concessions. 

Emigrants. — The status of Ottoman subjects, 
naturalized in the United States and then re- 
turned to Turkey, has been a long-standing 
cause of friction. The United States insists 
upon protecting such persons though, by the 
law of Turkey, they are still its subjects. No 
European government makes any similar claim. 
A naturalization treaty to settle the contro- 
versy was signed, 1874, but never ratified. 
The Turkish Government refuses to permit its 
subjects, naturalized in the United States 
since 1869, to return to Turkey; and if found 
in the country they are frequently expelled. 

Brigands. — To protect Americans from bri- 
gands and mobs is part of the duty of United 
States ministers and consuls. They aided in 
releasing Miss , Stone, captured by Bulgarian 
revolutionists in 1901; and Perdicaris, kid- 
napped by Raisuli in Morocco, 1904. Indem- 
nity demanded from Turkey for the loss of 
life and property of Americans in the mas- 
sacres of 1895-96 has not (1914) been paid. 

Commerce. — Commercial interests have been 
increasingly important the past decade. In 
1907 the United States insisted with success 



upon its equal right with the European powers 
to pass upon any proposed increase in Turkish 
customs rates. American diplomacy is in- 
creasing trade and securing commercial con- 
cessions. The contract for supplying a water 
system for Muscat was recently awarded to 
Americans; the proposal of "The Ottoman- 
American Development Company" to build 
2,000 miles of railroad in Asia Minor was 
considered but was not accepted. 

Turkish Dependencies. — In Egypt the United 
States joined with other powers in establish- 
ing the international courts, 1876, to have gen- 
eral jurisdiction over civil and commercial 
cases between foreigners and natives; it desig- 
nates one of the nine foreign judges of the 
Court of Appeals in Alexandria. In Morocco, 
also, it united with eleven European states in 
making the treaty of Madrid, 1880, which regu- 
lated the rights of foreigners in that country; 
and later signed the Algeciras Convention of 
1906 (see), which was ratified by the Senate 
with the proviso that the United States did 
not intend "to depart from the traditional 
American foreign policy." 

Roumanians. — In the Balkans the only im- 
portant diplomatic incident has been the pro- 
test against the treatment of the Roumanian 
Jews, who were being forced to migrate to 
the United States. Secretary Hay appealed 
to the signatories of the treaty of Berlin, 
1878, since this forbade Roumania to dis- 
criminate against any of her inhabitants on 
religious grounds. The protest effected a no- 
ticeable improvement in treatment of the Jews. 

Persia. — With Persia a commercial treaty 
was made in 1856. In 1911 the United States 
Government selected five American experts to 
supervise Persia's financial affairs. The ap- 
pointees were soon forced by Russian oppo- 
sition to leave the country. 

Consuls. — Extraterritorial privileges are ex- 
ercised by American consuls in Turkey, Egypt, 
Persia, Morocco, Muscat and Tripoli. 

See Balance of Power; Capitulations, 
Turkish • Extraterritoriality. 

References: F. E. Hinckley, Am. Consular 
Jurisdiction in the Orient (1906) ; J. B. Moore, 
Am. Diplomacy (1905), 63-72, 191-199, Digest 
of Int. Law (1906), II, 661-751, III, 616, 
620-1, 656, 679-708, V, 584-586, 795-839, VI, 
359-367; W. M. Malloy, Treaties and Conven- 
tions of the U. 8. (1910). 

George H. Blakeslee. 



NEBRASKA 



Early History. — "Nebraska existed as a terri- 
tory from May 30, 1854, to March 1, 1867. 
Its original area, extending to the Canadian 
frontier, was curtailed by the creation of Col- 
orado and Dakota, in 1861, and the estab- 
lishment of Idaho, in 1863. During its terri- 



torial life, Nebraska had five governors: 
Francis Burt of South Carolina who died, Oct. 
18, 1854; Mark W. Izard of Arkansas; Wil- 
liam A. Richardson of Illinois; S. W. Black 
of Pennsylvania, and Alvin Saunders of Iowa — 
the last the only one to establish a residence 



508 



NEBRASKA 



in the state. The first territorial secretary, 
Thomas B. Cumings became acting governor, 
on the death of Governor Burt and it was 
under his vigorous leadership that territorial 
organization actually took place. Two later 
secretaries, J. Sterling Morton, and A. S, 
Paddock, both subsequently prominent politi- 
cal leaders, also served as acting governors. 



to white males, Congress required as a pre- 
liminary to statehood that all racial discrimi- 
nations be forbidden. The legislature having 
acceded to the demand, President Johnson, on 
March 1, 1867, proclaimed Nebraska a state 
of the Union. 

Present Constitution.— To remedy the glar- 
ing defects of this first constitution, a consti^ 




^mmBoundary of Nebraska 
(J Ter. organized lS5i 



Boundaries of the State of Nebraska, Showing Territorial Changes 



The first territorial legislature, consisting of a 
council of 13, and a house of 26 — later 39 — 
members, met at Omaha, in December, 1854. 
Few important questions arose in Nebraska's 
territorial history. Slavery played little part 
in its life, and was abolished in 1861. The 
contest between the North and South Platte 
regions, culminating in 1858-59, became so 
bitter that an earnest effort was made to divide 
the territory and join the South Platte country 
to Kansas. In these early days acts of special 
legislation consumed a large portion of the 
energy of the legislators; charters for "wild- 
cat" banks; for ferries, bridges, and roads; 
for colleges and universities fill the statute 
books. Previous to 1861, the Democrats easily 
controlled the politics of the territory, but 
with the outbreak of the Civil War many 
Democrats joined the Republican party, so 
that from 1861 to 1867, there was a slight 
balance in favor of the Republicans. In a 
third attempt at statehood, a constitution was 
formed and ratified in 1866, by a vote of 3938 
to 3838. As this constitution limited suffrage 



tutional convention met in 1871, but the people 
rejected its work. The present constitution 
was framed in 1875 under two conditions 
which gave it tone: the first, the hard times 
following the crisis of 1873, and the local 
drought of 1S74; the second, the spirit of the 
Grange ( see ) . From the first came the pro- 
visions limiting the number of officials, fixing 
low salaries, and in general giving a "cheap" 
cast to the document. Out of the Grange 
movement grew its anti-monopoly features 
which have enabled the state in recent years to 
pass "progressive" measures. The constitution 
limits the number of senators to 33, and mem- 
bers of the house to 100. It provides for an 
elective judiciary, consisting of a supreme and 
district courts; for elective heads of the ex- 
ecutive departments; manhood suffrage includ- 
ing foreigners with first papers and a residence 
of six months; impeachment in joint session 
of the two houses of the legislature, and trial 
by the judiciary; strict regulation of corpora- 
tions, including provisions for the maintenance 
by^all railroads of a public office in the state, 



509 



NEBRASKA 



against consolidation of competing lines, or 
increase of stocks or bonds except under pre- 
scribed conditions, and all rate discriminations. 
Local government may be either county, or 
mixed township-county as the people of each 
county shall determine. The state constitu- 
tion forbids special city charters, but by divid- 
ing cities into various classes, as "metropol- 
itan," "first class" (with differing popula- 
tions), this clause has become a dead letter. 
The school system is founded on the district 
as the unit. County superintendents manage 
the rural schools, but all certificates are grant- 
ed through the state superintendent's office. 
The state university and the four normal 
schools grant certificates, under law. Because 
of inability to secure another constitutional 
convention, the legislature has proposed many 
amendments, but as the constitution requires a 
majority of all votes cast to carry an amend- 
ment, only four had been adopted previous to 
1912. The first, in 1886, extended the length 
of the legislative session from 40 to 60 days 
with five, instead of three dollars per day, 
salary; the second, in 1906, provided for an 
elective railway commission, consisting of 
three members. Two amendments were added 
in 1908: one increased the number of su- 
preme court judges from three to seven, and 
raised their salaries from $2500 to $4500 per 
annum; the other provided that the perma- 
nent school fund might be invested in other 
than national or state bonds. The legislature 
of 1911 proposed five additional amendments, 
all of which were adopted by the people in the 
election of 1912. The first provided for the 
initiative and referendum; the second for a 
non-partisan board of control for all chari- 
table and penal institutions: the third for 
biennial elections; the fourth for municipal 
self-government in cities of 5000 inhabitants 
and over; and the last that all bills, except 
executive bills, must be introduced in the 
first 20 days of the session, and that the 
salaries of members of the legislature should 
be $600, for a , term of two years. The legis- 
lature of 1913 submitted three amendments 
to be voted on in the general election of 1914: 
The first widened the taxing power of the 
legislature, following closely the Wisconisn 
plan; the second increased the salaries of 
most of the state officers, for example, rais- 
ing the governor's from $2500 to $4500; and 
the third authorized five-sixths of the jury 
to bring in a verdict in civil suits. 

Parties. — Politically the history of the state 
may be divided into three quite distinct pe- 
riods. In the first, extending from 1867 to 
1890, the Republicans controlled every branch 
of the state government. On the whole it was 
an era of political conservatism and industrial 
development. The railroad influence was pro- 
nounced, and as it was a period when railroads 
were a necessity, the people were willing to ex- 
tend them aid and, perhaps, grant them undue 



power and privileges. The first governor was 
impeached and convicted for corruption and 
malfeasance in office. On the whole, however, 
scandals were not numerous, nor, on the other 
hand, can it be said there was much progres- 
sive legislation. The second period, from 1890 
to 1900, was more complex, important, and 
far more interesting. During these years par- 
ties were in a state of constant change, and 
rarely were all the branches of government in 
the hands of the same party at the same time. 
The election of 1890 was a triangular contest. 
The Democrats elected the governor by a vote 
of 71,331 to 70,187 cast for the Populist candi- 
date, and 68,878 for the Republican nominee. 
The People's Independent or "Populist" party 
carried the legislature. In the five biennial 
elections from 1890 to 1900, the Democrats 
elected the governor in 1890, the Republicans 
in 1892, and the "Fusionists" the other three 
times. The Populists or Fusionists controlled 
the legislature except during one biennium, 
1895-1897. For the four years 1897-1901 all 
political branches of the state government were 
in the hands of the Fusionists. The third 
period is marked by the return to power of 
the Republicans in the election of 1900; and 
for eight years they controlled the state, but, 
with the exception of 1904, by narrow mar- 
gins. The Democrats won the governorship and 
the legislature in 1908; lost the governorship, 
but retained control of the legislature, in the 
election of 1910; and won the governorship 
and the lower house of the legislature but lost 
the upper house, in the election of 1912. 
Wilson received the electorial vote of the 
state. 

Legislation. — Inexperience, and the rather 
heterogeneous character of the Populist legis- 
lature, prevented it from realizing in any large 
way its program of reform; yet it put on the 
statute books the first Australian ballot law, 
a corrupt practices act, passed a radical rail- 
road rate bill which the governor vetoed, and 
made investigations which unearthed consid- 
erable corruption in the management of certain 
public institutions. On the whole, while re- 
form was in the air, it was not until 1907, 
that radically progressive steps were taken. 
The Republican legislature of that year enacted 
a series of remedial measures. The most sig- 
nificant, perhaps, were a fairly satisfactory 
primary election act, a law against using rail- 
road passes, and a pure food bill. The Demo- 
cratic legislature of 1909 added a law closing 
all saloons at eight o'clock; also one provid- 
ing for physical valuation of railroads. It 
changed the "closed" to an "open" primary 
with the result that the liquor question be- 
came the dominant one in the campaign of 
1910. In spite of this handicap to constructive 
legislation, several remedial measures of merit 
were passed. The most important ones were 
the establishment of a legislative reference 
bureau; provision for the beginnings of a 



510 



NECESSARY AND PROPER— NEGOTIATION OF TREATIES BY THE UNITED STATES 



"good roads" campaign; the appointment of a 
board of pardons; an appropriation for the 
codification of the laws of the state; and final- 
ly a return to the "closed" primary which in- 
cludes careful registration provisions, a vote 
on presidential candidates, the election of dele- 
gates to national conventions and of party com- 
mitteemen by the people. On account of the 
clause in the state constitution which forbids 
the creation of any new offices, a large portion 
of the business of the modern state, arising 
from its growth and development, is conducted 
by deputies, wardens, commissions and com- 
missioners — officers unknown to the constitu- 
tion. There are banking boards, fire and game 
wardens, oil inspectors, food, health, and labor 
deputy commissioners, etc., almost without 
limit. The legislature of 1913 passed a num- 
ber of important measures, among which may 
be enumerated the following: a workman's 
compensation act which seems to satisfy 
neither side entirely; an up-to-date insurance 
act; a "blue-sky" law; and made provision 
for the organization of the board of control, 
for a minimum wage commission, and for a 
mediative board in labor disputes. Mother's 
pensions were also established. A bill against 
loan-sharks, provision for county-owned tele- 
phones, and a maximum rate of twenty-five 
cents for a ten word telegram within the 
state, were also put on the statute books. 
The question of removal of the state univer- 
sity from the city campus to the state farm 
was submitted to the voters to be decided in 
the election of 1914. 

The population of Nebraska was returned 
in 1855 as 4494; in 1870, 122,933; in 1880, 
452,402; in 1890, 1,058,910— a return padded 
by at least 100,000; in 1900, 1,066,300; in 
1910, 1,192,217. 

See Kansas-Nebraska Bill. 

References: A. Watkins, Outlines of Nebras- 
ka Hist. (1910), Illustrated Hist, of Ne- 
braska, I (1905-1907): A. E. Sheldon, The 
Nebraska Constitutional Conventions (1907- 
1912), History and Stories of Nebraska 
(1913) ; Nebraska Historical Society, Transac- 
tions (1885-1907). H.W.Caldwell. 

NECESSARY AND PROPER. In determin- 
ing the implied powers of the Federal Govern- 
ment, under the accepted theory that it is a 
government possessing enumerated and not 
general powers, the term "necessary and prop- 
er" has been generally used to discriminate 
those powers, which are incidental to and by 
implication included in the expressed powers 
described in the Federal Constitution (see 
Implied Poweks ) . In the use of this term it 
is not to be understood that the powers con- 
ferred by implication are limited to those 
which are absolutely necessary for the execu- 
tion of the powers expressly conferred. With- 
in the description are properly included all 
the means appropriate for the exercise of the 



511 



express powers and reasonably appropriate to 
the legitimate ends which are authorized by 
the constitutional enumeration; and in de- 
termining what means are appropriate, dis- 
cretion is conferred upon the Federal Govern- 
ment. In determining whether any action of 
the Federal Government is within its implied 
powers, the courts have only to consider wheth- 
er such action is calculated in any appreciable 
degree to advance the constitutional ends which 
are authorized in the general enumeration. 
While there has been a marked tendency to- 
ward the enlargement in scope of the powers of 
the Federal Government by liberal construc- 
tion to the extent even of some general state- 
ments to the effect that all sovereign power 
not reserved to or authorized to be exercised 
by the states must by implication rest in the 
Federal Government, the term necessary and 
proper has not been authoritatively extended 
to cover those powers which may be deemed 
essential to the public welfare as distinguished 
from those essential in the exercise of the 
enumerated powers of the government itself. 
The term seems to be properly used only to 
designate such powers as must by reasonable 
implication be presumed to have been intended 
in the delegation to the Federal Government of 
sovereignty as to matters as to which national 
authority is under the general tenor and theory 
of the Constitution essential. See Construc- 
tion and Interpretation; Implied Powers; 
McCulloch vs. Maryland. References: T. 
M. Cooley, Principles of Constitutional Law 
(3d ed., 1898), 105-111; E. McClain, Consti- 
tutional Law (1910), 194-196. E. McC. 

NEGLIGENCE. The failure to do that which 
a reasonable man would have done under all 
the circumstances, or the doing of something 
which a reasonable and prudent man would 
not have done under all the circumstances, 
whereby another person or persons are injured. 
"Circumstances" as used herein include the 
situation and knowledge of the parties in- 
volved. H. M. B. 

NEGOTIATION OF TREATIES BY THE 

UNITED STATES. Authority.— The treaty- 
making power itself, that is, the authority to 
enter into binding international agreements 
with foreign powers is, in the United States, 
confided by the Constitution to the President 
and the Senate (Art. II, Sec. ii, If 2). All of 
the preliminary negotiations leading up to such 
agreements and the drafting of the instru- 
ments of agreements are, for the most part, 
in the hands of the President, in whom is vest- 
ed the general control of foreign relations 
and the conduct of foreign correspondence; 
which functions he of course performs through 
the Secretary of State. This has been the gen- 
eral constitutional practice. It would seem, 
however, that there are no constitutional rea- 
sons why the Senate itself should not partici- 



NEGOTIATION OF TREATIES BY THE UNITED STATES 



pate in these preliminary negotiations. In- 
deed, it was probably the intention of the 
framers of the Constitution that it should do 
so, and there have been some instances, es- 
pecially during the earlier years, in which it 
was done. Practical experience soon showed, 
however, the difficulty of attempting to asso- 
ciate the Senate in any formal way with the 
negotiations of treaties, but in fact that body, 
and especially its committee on foreign rela- 
tions is usually kept well informed as to the 
progress of international negotiations; and 
at times certain of its members have served 
as commissioners for the settlement of foreign 
controversies. Thus three of the five commis- 
sioners for the negotiation of the treaty of 
peace with Spain in 1898 were Senators and 
members of the Senate committee on foreign 
affairs. 

Senate. — The power of the Senate to amend 
a project of a treaty submitted to it by the 
President is unquestionable, and, indeed, is 
explicitly declared by the Supreme Court in 
Haver vs. Yaker (9 Wall. 32). If amended, 
and then adopted, the President may, in his 
discretion, give or refuse to it his approval. 
If he approve it, and the ratification of the 
other country party to it is secured, it does 
not need to be again submitted tp the Senate, 
but may be at once promulgated (see Ratifi- 
cation of Treaties ) . 

Binding Force. — As a general proposition a 
nation is not required to know or consider 
the constitutional system of the other powers 
with which it has international dealings, each 
sovereign state being presumed to have the 
constitutional as well as the actual power to 
fulfil its international obligations whether 
these be founded upon specific agreements or 
upon the general principles of international 
law. There is, however, one exception to this 
general principle. This is that both nations 
must know the location of the treaty-making 
authority of the government with which it is 
dealing. It is not, therefore, a just ground of 
grievance to a foreign power when a projected 
treaty agreed to between itself and the Presi- 
dent of the United States is amended or re- 
jected by the Senate. 

Plenipotentiaries. — Whether or not it would 
be constitutionally possible for the Senate 
and the President to agree to the appointment 
of commissioners with the power not only to 
negotiate but to ratify a treaty, has not been 
passed upon by the courts, no opportunity for 
such a judgment having been afforded them. 
Where, however, as is usual, plenipotentiaries 
are appointed and instructed generally as to 
the subjects concerning which they may come 
to an agreement with the commissioners sim- 
ilarly appointed by another or other states, the 
United States, as well as those other States, 
are under strong moral and political obliga- 
tions to ratify the agreements arrived at; un- 
less, indeed, their commissioners have clearly 



gone outside of the spheres of discretion as- 
signed them. There is, however, no consti- 
tutional obligation upon the President to sub- 
mit to the Senate for its approval a treaty 
that has been agreed to and signed by the com- 
missioners appointed for its negotiation. In- 
deed, the President may withdraw from the 
Senate a treaty which he has submitted to it, 
or even refuse his final assent to it after it has 
received the approval of that body {see Min- 
isters). 

Agreements. — Finally, with reference to the 
negotiation of treaties it is to be said that 
there are many and important kinds of inter- 
national agreements regarding which practice 
has sanctioned the doctrine that they do not 
need to be submitted to the Senate at all. 
Thus the President as Commander-in-Chief of 
the Army and Navy may, in times of war, 
enter into military conventions, and, as chief 
executive, may, in times of peace, settle con- 
troversies, especially those relating to the fun- 
damental claims of American citizens upon 
foreign powers, without the cooperation or ap- 
proval of the Senate. So also he may agree 
to "protocols" (see) and modus vivendi (see 
Modus Vivendi) without senatorial assistance. 
And, in addition to the foregoing, the Presi- 
dent has by statute and by general treaties 
often been given the individual authority to 
enter into agreements with foreign states with 
reference to specific matters. 

Ancillary Legislation. — Treaties are, by the 
Constitution, declared to be parts of the su- 
preme law of the land. They, therefore, need 
no further legislative sanction in order that 
they may be recognized as law by the courts, 
and their provisions, so far as self-executory, 
be applied and enforced. Not infrequently, 
however, ancillary congressional legislation is 
required for their enforcement. Thus, espec- 
ially, appropriations of money may be called 
for. In such cases it would seem that there is 
a moral and political obligation upon Congress 
to act, though it is to be conceded that in case 
that body refuses or neglects to act, no consti- 
tutional means exists for compelling it to do 
so. While it is true, therefore, that Congress 
often has within its power to bring to naught 
the international agreements negotiated and 
entered into by the treaty-making branch of the 
government, it cannot be said that Congress 
participates in any way in the negotiation and 
ratification of treaties. For these treaties, 
even when the necessary ancillary legislation 
of Congress is refused, still remain as valid 
agreements between the United States and the 
foreign states concerned, which the courts will 
enforce so far as they are able, and which, in 
all their provisions, bind the United States in- 
ternationally, and furnish to the other con- 
tracting powers full justification for complaint 
or reprisal, or, in extreme cases, even of war, 
in so far as they are not or cannot be enforced 
by the United States. For as has been earlier 
12 



NEGRO PROBLEM 



said, no nation may plead a constitutional 
non possumus as an excuse for not fulfilling 
its international obligations. 

See Annexations to the United States; 
Canal Diplomacy; Commercial Policy and 
Relations of the United States ; Diplomacy 
and Diplomatic Usage; Foreign Policy of 
the U. S.; Intercourse of States; In- 
ternational Congresses; International 
Unions; Pan American Congresses; Peace, 
Conclusion of; Political Power; Ratifica- 



tion of Treaties by the United States ; Rec- 
iprocity Policy; Treaties in International 
Law; Treaties of the U. S.; and diplomatic 
relations with countries by name. 

References: J. W. Foster, Practice of Diplo- 
macy (1910); C. H. Butler, Treaty Making 
Power of the U. S. (1902); R. T. Devlin, 
Treaty Power Under the Constitution of U. 8. 
(1908); S. B. Crandall, Treaties: Their Mak- 
ing and Enforcement (1904). 

W. W. WlLLOUGHBY. 



NEGRO PROBLEM 



Origin. — The presence of the negro race in 
America is historically an anomaly, out- 
side the experience of mankind, and contrary 
to the principles of American religion and 
government. The forcible transfer of several 
hundred thousand persons from one continent 
to another, where they became the ancestors 
of .10,000,000 people, separated by race and 
social customs from the neighbors among whom 
they live diffused, has few precedents in re- 
corded history. The system of chattel slavery, 
the consequence of which did not stop when 
the bondmen were set free, was out of accord 
with those principles of law, government and 
Christianity, which the English settlers 
brought with them to America. The only ex- 
cuse was that by forced labor the white man 
could more speedily and more to his own 
advantage extract the bounties of nature. 

Race. — The first element in the negro prob- 
lem is the presence in America of two alien 
races, both practically servants. The Indians 
were savages, and helped to keep alive savage 
traits in the souls of the white settlers ; but 
there was no considerable number of mixed 
bloods, and the Indians faded away as the 
white people advanced. The original slaves 
were also savages, just out of the jungle, who 
required to be watched and handled like sav- 
ages, but they steadily increased in numbers, 
and from the beginning there was a serious 
race admixture. Their descendants in the sec- 
ond and third generation were milder in char- 
acter, and were much affected by at least a 
surface Christianity; but their standards of 
character were much lower than those of the 
dominant white community, and tended to pull 
the superior race down. To the present day 
the low conditions of great numbers of negroes 
has a bad effect on the white race. 

Distribution. — The problem has, throughout 
three centuries, been made more difficult by 
the dispersion of the negroes. In some com- 
monwealths, particularly South Carolina and 
Mississippi there are more negroes than 
whites; in some counties they are three, five 
or ten times as numerous; but in general they 
are distributed in the same communities with 



white people, city or rural. Hence the negro 
problem is known in some form to nearly every 
county south of Alason and Dixon's Line, and 
to all the large cities North or South. Partly 
from climatic conditions, partly from the un- 
ceasing propaganda against slavery in the 
North since the eighteenth century, the number 
of negroes has always been comparatively small 
in the North. 

The evils of slavery, and of the continuance 
of the former servile race, after slavery was 
gone by, have always been centered chiefly in 
the regions between the Atlantic coast and the 
Red River and Rio Grande. On the other 
hand slavery involves questions of labor, citi- 
zenship, criminal law, and property rights, 
which have to be settled by state governments, 
so that throughout slavery times there was a 
series of internal constitutional conflicts be- 
tween the slave holding and substantially non- 
slave holding communities. Furthermore, the 
Federal Government, as soon as it was formed, 
discovered that a Congress in which half the 
members came from non-slave holding states 
had to legislate on slavery questions. The ir- 
regular distribution of the negro population 
has therefore put a torsion on the whole system 
of American government (Const. Art. I, Sec. 
ii, 11 3). 

Mulattoes. — Another element in the ques- 
tion is the well known fact that somewhere 
from a sixth to a fourth of the persons includ- 
ed in the legal designation of negroes have 
some white blood. This middle class is form- 
ing all the time, though the greater number 
of mulatoes are children of mulattoes; and it 
has complicated the whole negro problem. In 
intelligence and in good looks it is the most 
favored part of the race, it is also the most 
likely to value freedom, and furnishes most 
of the leaders. Through inheritance and closer 
knowledge of the white peoples' lives the mu- 
latto element constantly partakes of the white 
man's ambitions and wants a white man's 
chance. The effort to make a legal distinction 
between the mulattoes and the pure blood 
negroes in Hayti, led to the massacre of 1795, 
and the average point of view of the white 



513 



NEGRO PROBLEM 




514 



NEGRO PROBLEM 



race has been that the mulatto is more danger- 
ous that the pure negro. The mulatto race is 
both a mark of and provocation to the demor- 
alization of white men. Yet to give the mulat- 
to special favor and advantages because part 
white would encourage an eventual fusion of 
the two races. Hence, the solid determination 
of the whites down to the present day that 
mulattoes as well as pure blood negroes shall 
not be admitted to any kind of social equality. 

Slavery. — The status of the negro as a 
slave has been discussed {see Slavery as a 
Labor System ) . It was a status from which 
the English nation had just emerged, neither 
chattel slavery nor villenage being recognized 
by English law at the beginning of coloniza- 
tion. Most of the European continental 
countries in 1600 still recognized serfdom, and 
in addition considered it Christian and lawful 
to enslave pagans. Doubtless a few Africans 
were held as slaves in England during the six- 
teenth and seventeenth centuries, and persons 
who took the wrong side in the English Civil 
War and Monmouth's Rebellion were freely 
sold as life slaves. That slavery was contrary 
to the whole fibre of English liberty, is clearly 
shown by the fact that no colony ever recog- 
nized the possibility of a servitude of white 
persons which could be transmitted to their 
offspring; and after 1789, outside of a very 
small class of apprentices and bound servants, 
with the special case of soldiers and sailors, 
no person who could prove that he was white 
could be held as a bondman of an individual. 

If the negroes had possessed the same color 
as their masters, slavery would undoubtedly 
have died out a century earlier than it did. 
It was possible to maintain it in the face of 
the ordinary presumptions of law only because 
of the accusing shade which marked the posses- 
sor as one upon whom the burden was substan- 
tially thrown of proving his freedom, if he had 
it. This universal belief that a dark color is 
a proof of unusual legal status is still of great 
significance; a family which for generations 
has supposed itself white may be reduced to 
misery by the discovery that there was a col- 
ored ancestor. 

Legal Discriminations. — The effect of co- 
lonial laws was to create three classes: free 
whites; free negroes; and slaves. In Massa- 
chusetts there seems never to have been any 
legal distinction between freemen, whatever 
the color; but in most of the northern 
colonies, and all the southern, the free 
negro was subject to special restrictions. 
Some acts innocent for white people, such 
as assembling, might be criminal for the 
free negro; some acts, such as the mur- 
der of a white person, might be more severely 
punished if committed by a free negro. 
Throughout slavery times these restrictions 
continued. Ohio had a black code under which 
the testimony of negroes was not received on 
equal terms with that of white men. The Su- 



preme Court of the United States, in 1856 
( 19 Hoio. 393 ) , decided that no negro, de- 
scendant of an African slave, could become a 
citizen of a state, or presumably of the 
United States. 

The three reconstruction (see) amendments 
were designed to break up these distinctions, 
and were measurably successful. All negroes 
are now born and remain free; all negroes born 
within the United States are citizens of their 
state and of the United States; no negro can 
by reason of his color be deprived of his vote; 
no state shall make or enforce any laws which 
shall abridge the privileges or immunities of 
citizens of the United States. A negro is en- 
titled to the same tribunals, the same penalties, 
and the same treatment as white persons un- 
der similar circumstances. The laws of some 
states discriminate against them by granting 
privileges which are determined by race as for 
instance by the right of one's forbears to vote 
before 1867. So, certain offences, such as 
breach of contract to labor, are likely to be 
committed by negroes because they are the 
ordinary contract laborers; but the letter of 
the law throughout the Union recognizes no dif- 
ference between the rights of a negro and the 
rights of a white man. 

Social. — It is otherwise with the social 
status. Laws prohibiting marriage between the 
members of the two races are on the statute 
books of most of the states of the Union, and 
are enforced. The Federal Government, in 
1875, passed a Civil Rights Act intended to 
secure the negroes equal privileges in inns, 
places of public amusement and the like, but 
that act was subsequently held invalid by a 
decision of the Supreme Court of the United 
States -in 1883 (109 U. 8. 3). The states 
make many race discriminations, particularly 
the so-called Jim Crow laws, by which the 
railroads, and in some states street cars, 
are forbidden to carry white and negro 
passengers in the same cars, provided the 
accommodation for negroes is equal to that 
for the whites. The schools throughout 
the South are separated. In no public institu- 
tion in the South are negroes and whites edu- 
cated together. Some efforts have been made to 
create negro quarters by local ordinances pro- 
hibiting negroes from living within certain 
districts, and whites from living within other 
districts which are supposed to be available for 
negroes. It is not yet settled whether such 
restrictions are prevented by the Fourteenth 
Amendment of the Constitution. 

Outside of these written restrictions and 
discriminations- is a world of unwritten cus- 
tom. No southern white person under any 
ordinary circumstances will sit at the same 
table with a negro, or be a guest at any 
public or private entertainment with him, or 
ride in the same carriage, if both are passen- 
gers. The social relations between the two 
races are, therefore, much, more constrained 



515 



NEGRO SUFFRAGE 



than in slavery times. The opportunity of 
converse, of personal influence, of the trans- 
mittal of culture from the superior to the in- 
ferior is nearly lost. Furthermore, no white 
person is expected to teach negroes in public 
or private schools, though there are some cases 
of white professors in higher institutions or 
professional schools, and a few white teachers 
in lower schools. These rules are not so in- 
exorable in the North, though in many clubs 
no member would think of inviting a negro as 
his guest, and white and black children and 
students have little association with each other 
where they are educated together. Many of the 
northern trades unions will not admit negroes, 
though in the South some of the unions have 
a mixed membership. 

Crime. — A part of the problem is the crim- 
inality of both races. In all the United States 
the number of crimes is unduly large, especial- 
ly in the South; and the negro criminals are 
more numerous than their proportion of the 
population. This is perhaps saying no more 
than that the poorest and most ignorant in 
every community produce the most criminals. 
Inasmuch as the governments of all the south- 
ern states are entirely in the hands of the 
whites, who make the laws, choose the judges, 
draw the juries, and prosecute the cases, the 
responsibility of impartial justice is thrown 
upon them. The race which has control of 
the administration of justice is nevertheless 
unable to prevent mob violence and lynch law, 
which is usually, though not invariably, ap- 
plied to negroes, often for very trivial causes 
(see Lynching). The negroes are generally 
believed to hide and protect criminals of their 
race, which is perhaps an inheritance of sla- 
very times, but sometimes impedes the course 
of justice. 

Education. — A serious problem is that of 
education. The reconstruction governments 
provided a system of free common schools for 
all the children, and every state in the Union 
makes provision for negro children, either as 
a part of the general mass or in separate 
schools. The separate rural negro schools are 
usually much behind the white schools in build- 



ings, and particularly in teachers, since the 
teachers are usually of the same race, and are 
often themselves uneducated. Very few ne- 
groes get beyond the common schools, rural or 
city. Public high school education is now pro- 
vided for the negroes in few southern cities. 
The non-public negro colleges, most of them sus- 
tained by northern gifts, are practically second- 
ary schools with a few college students. The 
present system of education does not furnish 
enough highly trained men to serve as leaders 
for the next generation. 

Summary. — The negro problem is the pres- 
ence of about 10,000,000 people of a race be- 
lieved by the dominant race to be inferior, and 
actually contributing very little to the effec- 
tive intellectual and moral forces of the coun- 
try, except among themselves. This 10,000,000 
includes, however, the greater part of the labor 
for hire in the South. All those people in their 
government, their employment, their law and 
justice are in the hands of the white race, 
having neither a genuine suffrage nor the hope 
of it as a protection. 

See Education as a Function of Govern- 
ment; Fifteenth Amendment; Fourteenth 
Amendment; Freedom, Personal; Negro 
Suffrage; Peonage; Population of the 
United States; Reconstruction; Slavery 
Controversy. 

References: J. Bryce, Am. Commonwealth 
(4th ed., 1910), II, xciv-xcv; A. B. Hart, 
Slavery and Abolition (1906), National Ideals 
Historically Traced (1907), ch. iii, Southern 
South (1910) ; E. G. Murphy, Problems of the 
Present South (1904) ; G. W. Capps, Negro 
Question (1888) ; W. G. Brown, Lower South 
(1902) ; T. N. Page, The Negro: The Southern 
Problem (1904); U. S. Census Bureau, "Ne- 
groes in the U. S.," in Bulletin, No. 8 (1904) ; 
J. R. Commons, Races and Immigration ( 1907 ) , 
ch. iii; bibliography in W. E. B. Du Bois, 
Select Bibliography of the American Negro 
(1901) ; A. P. C. Griffin, Select List of Refer- 
ences on the Negro Question ( 1903 ) ; F. Kapp, 
Geschichte der Sklaverei in den Vereinigten 
StaatenvonAmerika (1861). 

Albert Bushnell Hart. 



NEGRO SUFFRAGE 



Colonial Conditions. — In England and in 
America the suffrage is not a right but a priv- 
ilege, everywhere restricted to persons intellect- 
ually capable of taking responsibility, often 
restricted to people who read and write or to 
people who have paid certain taxes, sometimes 
restricted by race as in parts of South Africa. 
The North American colonies borrowed the 
English requirements of ownership of land or 
payment of a considerable tax, but in eleven 
of the thirteen colonies which joined in the 
Revolution, in 1775 a person of negro blood 
who had the property qualifications was en- 



titled to vote. The other two colonies, South 
Carolina and Georgia, repeated the prohibition 
in their first state constitutions ; but for seven- 
teen years no other states took such action, 
and in some of the New England communities 
the laws ceased to make any distinction in any 
respect between negroes and whites. 

Constitutions Before 1861. — A change began 
with Delaware in 1792, followed by Kentucky 
in 1799; Maryland in 1810; Virginia in 1830; 
and North Carolina in 1835, together with 
Tennessee in which the expression "every 
freeman" in the state constitution was con- 



516 



NEGRO SUFFRAGE 



strued to mean white men only. In addition, 
every new state that came into the Union 
south of Mason and Dixon's line before 
the Civil War, including Missouri, came 
in with constitutions which prohibited ne- 
gro suffrage. In the northern states negroes 
were shut out in Connecticut in 1814; in -New 
Jersey in 1807; in Pennsylvania in 1838. New 
York, after 1821, set special restrictions, 
though not an exclusion from voting, on the 
negro. Every one of the northwestern states 
admitted into the Union previous to the Civil 
War put a clause against negro suffrage into 
its original constitution. Hence, from a state 
of things in 1775 in which negroes could vote 
in all but two out of thirteen commonwealths, 
the point was reached in 1861 where they could 
vote only in five (Maine, New Hampshire, Mas- 
sachusetts, Rhode Island and New York) out 
of thirty -four states. 

Granting of Suffrage.— During the Civil War 
the idea sprang up that the negroes might be 
safeguarded by giving some of them the suf- 
frage. The enlistment of nearly 200,000 ne- 
groes as soldiers brought out the suggestion 
that a man that could handle a bullet was 
competent to handle a ballot. In December 
1S63, Secretary Chase, the most extreme anti- 
slavery man in Lincoln's cabinet, suggested 
that inasmuch as there were so few loyal white 
men available, perhaps some of the freedmen 
might be allowed to take part in reconstruct- 
ing Louisiana. March 13, 1864, Lincoln wrote 
to Hahn in Louisiana: 

I barely suggest for your private consideration 
whether some of the colored people may not be 
let in : as for instance the very intelligent, and 
especially those who have fought gallantly in our 
ranks. 

Nevertheless, neither in the Louisiana nor 
in Arkansas nor in the West Virginia govern- 
ment (see) nor in any of the northern states 
where they had not the right before, were ne- 
groes admitted to the suffrage before the end 
of the Civil War. 

During the temporary reconstruction of 
1865, most of the southern states, through con- 
ventions representing a small part of their 
people, gave suffrage to the negroes; and in 
the second reconstruction, under acts of Con- 
gress all the former seceding states were ob- 
liged to accept the same system. Inasmuch as 
these constitutions were subject to amendment 
by the people of the states, Congress, Febru- 
ary 26, 1869, submitted the Fifteenth Amend- 
ment, which declares that: 

The right of citizens of the United States to vote 
shall not be denied nor abridged by the United 
States, or by any state on account of race, color, 
or previous condition of servitude. 

This amendment when ratified in 1870 re- 
moved all the remaining northern restrictions 
as well as the southern. 

Facts Concerning Voting. — Of the total ne- 
gro population of nearly 5,000,000 in 1870 ; 



517 



probably 800,000 to 900,000 were men above 
21 years of age, and therefore added to the 
electorate by state laws and constitutions sup- 
plemented by the Fifteenth Amendment. Most 
of them were in the southern states, and they 
were a majority in two, South Carolina and 
Mississippi. In all the northern states and in 
about half of the southern states negro men 
of legal age, who have fulfilled the educational 
or tax qualifications, if any, today vote along- 
side of white men; but in every southern state 
there is strong opposition to the negro. Ne- 
groes are practically not allowed to vote in 
most communities, or at least to have their 
votes counted, if it would change the balance 
of parties; in six of the states the negro suf- 
frage is nearly extinguished. For a long time 
there were negro members in the national Sen- 
ate and House. The last of them retired in 
1895. To the northern state legislatures occa- 
sionally a negro is chosen, particularly from 
districts where there is a large negro vote, 
which it is desirable to placate. A few county 
and town elected negro officers still exist in 
the South. In general, it is probable that of 
the 2,000,000 or more adult members of the 
negro race in the United States in 1910, not 
more than 200,000 would have been received 
had they presented themselves at the polls in 
a state or national election. 

Power of Withdrawing Suffrage. — The pro- 
cess of withdrawing the suffrage from the ne- 
groes began in 1874, when the territorial gov- 
ernment of the District of Columbia was abol- 
ished by Congress. Meanwhile from 1870 on 
the Klu Klux (see) movement in the South 
was reducing the negro votes by frightening 
the negroes away from the polls. Congress 
passed a series of statutes intended to protect 
the negroes, particularly the Enforcement Act 
of May 31, 1870; the Act for Federal Supervi- 
sion of Congressional Elections, Feb. 28, 1871; 
and the Ku Klux Act of April 7, 1871, which 
authorized the President to use troops for the 
protection of the rights of the negroes. Not- 
withstanding these measures the white voters 
recovered state after state, beginning with Vir- 
ginia in 1869. Till, in 1876, in only three 
southern states, Louisiana, Florida and South 
Carolina, was the choice of presidential electors 
declared to be for candidates for whom the ne- 
groes voted (see Reconstruction). 

From that time on, in most of the states of 
the South in which there was a considerable 
negro population, negro suffrage as an element 
in state government nearly ceased to be. The 
four methods usually employed to eliminate the 
negro votes were: (1) violence, a crude and 
temporary method not confined to Southern 
elections nor to the negro race; (2) electoral 
tricks — including according to a Southern wri- 
ter — theft of the ballot boxes, secretion of the 
ballot boxes, exchanging boxes, removal of the 
polls to unknown places, doctoring the returns, 
false certifications, repeating, excising names 



NEGRO SUFFRAGE 



from the registry book, and illegal arrests be- 
fore the day of election, other means were 
the tissue ballots, and the "eight ballot box 
law" of South Carolina, imitated elsewhere; 
(3) tax qualifications, often rather high and 
usually surrounded with technical regulations 
which worked against an ignorant voter; (4) 
constitutional restrictions. 

The negro vote in Missouri, Maryland, and 
to some extent in Kentucky was little affected 
by false or fraudulent methods. Farther south 
there was an apprehension that somehow or 
other the negroes would get back to power, 
an apprehension sharpened by the fusion of 
the North Carolina Republicans (including the 
negroes) with the Populists in 1892, through 
which some state officers were elected and a 
colored member of Congress. Hence, from 
1890 to 1904 six states — Alabama, Kentucky, 
Louisiana, Mississippi, North Carolina and 
Virginia — altered their constitutions so as to 
set the greater part of the negro vote perma- 
nently out of commission. 

State Constitutional Provisions. — To avoid 
the "race, color or previous condition of servi- 
tude" clause of the Fifteenth Amendment 
(see), the new provisions must, on their face, 
have a general application; yet must not be 
applied so as to cut out any considerable num- 
ber of white voters. No two states adopted 
the same provisions, but the whole may be 
analyzed as follows: (1) persons guilty of 
serious crimes (in one case, of petty larceny) 
are thereby disfranchised, and negro criminals 
are more numerous in comparison to their pop- 
ulation than the whites; (2) two states fix a 
moderate property qualification as one of sev- 
eral alternatives; (3) prepayment of poll tax- 
es, sometimes for a considerable term of years 
is required in all six states; (4) in two states, 
South Carolina and Mississippi, proof of the 
payment of poll taxes must be shown at the 
polls, and negroes are careless about preserving 
the necessary papers; (5) an educational quali- 
fication appears in all six states, but in two 
states a property qualification will be accepted 
as a substitute, and one will accept ability to 
give "a reasonable interpretation" to a section 
of the Constitution; (6) in three states the 
voter who has shown to the satisfaction of the 
authorities that he understands a clause of the 
Constitution, remains a voter for life without 
farther qualifications but it is not expected 
that negroes will convince the authorities that 
they understand the Constitution; (7) in five 
of the six states, by the so-called "grandfather 
clause," the descendant of a person who was a 
voter prior to January 1, 1867, may vote 
though he cannot satisfy the intelligence nor 
property qualification; of course only whites 
can take advantage of this clause ; ( 8 ) in three 
states, former Union or Confederate soldiers 
are excused from the usual qualifications. 

In three of the six states these clauses were 
set in operation by the convention without 



submission to the people for a popular vote. 
The effect of them has been to cut down the 
negro vote to as low as five per cent of the 
adult negro men. In Maryland two unsuccess- 
ful attempts have been made to pass a consti- 
tutional amendment in the same direction with 
those of the other six states. In every state 
the few negroes who can satisfy one or the 
other of the requirements are registered, if 
there are not too many of them; but there is 
widespread feeling that a considerable number 
of negroes will eventually be able to offer edu- 
cational and small tax qualifications and that 
sooner or later means will have to be found 
to exclude most of those who thus acquire the 
suffrage. Many of the negroes, particularly 
their leader, Booker T. Washington, advise the 
race to give up for the time being concerning 
itself about the suffrage. 

The principal defect of the amendments of 
the South is that they are planned to shut 
out ignorant negroes while admitting ignorant 
whites to vote; and advocates of the amend- 
ments have repeatedly assured the public that 
"none of our people" have lost their votes. In 
the six states, the number of negroes averages 
about one-third that of the white people, but 
the votes that are allowed them are probably 
less than a thirtieth as many as those of corre- 
spondingly ignorant white voters. 

Reasons. — In a country in which the normal 
type of suffrage is universal manhood suffrage 
with deductions for special reasons affecting 
comparatively small classes, the attitude to- 
ward negro suffrage requires explanation. In 
slavery times every free negro South or North 
was a standing disproof of the necessity of 
slavery, hence it was inevitable that negro suf- 
frage should be withdrawn in all southern com- 
munities. The western states in ante helium 
times prohibited negro suffrage because they 
did not wish to attract free negroes. In Penn- 
sylvania, and New York, there was a consid- 
erable city population of negroes who were at 
the bottom of the social scale. 

At the end of the war there was a genuine 
feeling based on the previous experience of 
ignorant foreigners, that the suffrage was an 
educating and elevating privilege which would 
help raise people out of ignorance. Nobody 
now knows how far that might have been true 
of the negroes, inasmuch as most of the south- 
ern communities were under military govern- 
ment down to 1868 or 1869, and in 1871 began 
the process of shutting off the negro vote, first 
by violence, then by fraud. The reconstruction 
governments were extravagant, venal and par- 
tisan, but no more so than the contemporary 
government of the city of New York {see Tam- 
many ) . The onset on negro suffrage prevent- 
ed that division of the negro vote which was 
expected at the outset, and out of which might 
have come a political education. The main 
argument against negro suffrage is the uneasi- 
ness of northern communities in which numer- 



518 



NETHERLANDS, DIPLOMATIC RELATIONS WITH— NEUTRAL TRADE 



ous negroes vote on exactly the same condi- 
tions as the whites; but in such communities 
there are sometimes direct or indirect educa- 
tional qualifications which diminish the danger 
from ignorant voters of all races. 

The fundamental hostility to negro suffrage 
has never been the dislike of an ignorant elec- 
torate, but goes back to a race feeling intensi- 
fied by the former servile condition of the 
negroes, and the general belief that if they 
got into power they would demoralize the pub- 
lic and private life of the state. - In its ex- 
treme logical consequence this argument would, 
and does, substantially apply to allowing any 
considerable number of negroes to vote, how- 
ever intelligent or thrifty, so that the suffrage 
question is inextricably mixed with the gen- 
eral negro problem. 

See Bribery; Democracy and Social Eth- 
ics; Disfranchisement; Fifteenth Amend- 
ment; Frauds, Electorial; Intimidation; 
Minorities, Rights of ; Negro Problem; Re- 
construction; Solid South; Suffrage. 

References: A. B. Hart, "Realities of Negro 
Suffrage," in Am. Pol. Sci. Assoc, Proceedings, 
II (1905), 149-165; B. T. Washington, Fu- 
ture of the Am.. Negro (1883) ; W. E. B. Du 
Bois, Select Bibliography of the Negro Ameri- 
can (1905); A. P. C. Griffin, List of Discus- 
sions of the 14th and 15th Amendments 
( 1906 ) ; G. W. Willians, Hist, of the Negro 
Race (1883); E. McPherson, Hist, of Recon- 
struction (1871) ; W. L. Fleming, Documentary 
Hist, of Reconstruction (1906); W. A. Dun- 
ning, Reconstruction ( 1907 ) , chs. vii, xi ; S. B. 
Weeks, "Hist, of Negro Suffrage in the South" 
in Polit. Sci. Quart., IX (1894), 671-703. 

Albert Bushnell Hart. 

NETHERLANDS, DIPLOMATIC RELA- 
TIONS WITH. American diplomatic relations 
with the Netherlands began in 1778 with the 
mission of John Adams who, notwithstanding 
English protests, conducted negotiations to a 
successful issue and on October 8, 1782, signed 
with the Dutch deputies and plenipotentiaries, 
a treaty of peace and commerce securing val- 
uable privileges. It was abrogated in 1795 by 
the conversion of the Netherlands into the 
Batavian Republic, substantially a province of 
France. 

The Netherlands were represented in the 
United States from October, 1783, to Septem- 
ber 1795; the Batavian Republic from August 
1796 to October 18, 1802. William Short was 
commissioned minister resident to the Nether- 
lands in 1792, and J. Q. Adams in May, 1794. 
William Vans Murray was American minister 
resident to the Batavian Republic from 1797 
to 1801. When the kingdom of Holland (suc- 
ceeding the Batavian Republic) was incorporat- 
ed into the French empire, direct negotiations 
ceased. 

In 1814, diplomatic relations with the Neth- 
erlands was resumed at Washington through 



Changuion and at the Hague through Eustis. 
The Dutch envoy, claiming that the termina- 
tion of the political existence of his country 
from 1795 to 1814 had abrogated all previous 
treaties, proposed negotiations for a new treaty 
of amity and commerce. These negotiations 
failed, but the United States after long corre- 
spondence finally acquiesced in the view that 
the old treaty had been abrogated. 

In 1815, America began to press claims for 
seizure of vessels in Dutch ports in 1809-10, 
for which the Dutch Government denied respon- 
sibility; after discussion for five years the 
subject was dropped. In the two decades fol- 
lowing the only diplomatic event of conse- 
quence was the arbitration of the northeast 
boundary question in 1831 by the King of the 
Netherlands. 

From 1839 to 1860, three treaties were ne- 
gotiated. That of commerce and navigation 
of January 19, 1839, was amended by a conven- 
tion of August 26, 1852. A consulate conven- 
tion was negotiated in 1855. During the Amer- 
ican Civil War the Dutch Government as a 
neutral maintained toward the American Union 
a friendly attitude, which indicated that Con- 
federate agents would receive no countenance. 
After the war, the spirit of good will and 
harmony continued. 

The most important subjects of diplomatic 
correspondence after 1870 were discriminating 
or differential duties affecting trade with the 
Dutch colonies (especially from 1880 to 1886), 
and military drills imposed on naturalized 
American citizens in Dutch jurisdiction 
(1887). 

In this period several conventions or agree- 
ments were negotiated: a consular convention 
of 1878; an extradition convention of 1887, 
modified and extended to the colonies by a con- 
vention of 1904; a commercial agreement of 
1907 ; and an arbitration convention of 1908. 

See Armed Neutrality; Commerce, Ameri- 
can, Movement of; Negotiation of Treaties. 

References: J. B. Moore, Int. Arbitrations 
(1898), I, 90, 119, 136-137, V, 4473, Digest of 
Int. Law (1906), V, 344-45, 794; C. H. Van 
Tyne, Am. Revolution (1906), 16, 20; Am. 
Hist. Rev., VIII (1903), 683, 686-688; Foreign 
Relations, 1S61-1S99; W. M. Malloy, Treaties, 
Conventions and Agreements, 1116-1909 
(1910). J. M. Callahan. 

NEUTRAL TRADE DURING THE NAPO- 
LEONIC WARS. In 1793 France was prac- 
tically at war with Europe, and the United 
States was the one power sufficiently remote 
to act with some degree of freedom. The treaty 
of alliance (1778) caused France to expect spe- 
cial favors from the United States. Washing- 
ton, in 1793, issued the neutrality proclama- 
tion which he later called the "index" to his 
plan, as he was determined to maintain an 
attitude of peace and amity toward all for- 
eign nations. 



519 



NEUTRAL TRADE, PRINCIPLES OF— NEUTRALITY, PRINCIPLES OF 



The trade of the United States was not re- 
spected, however, and contentions and counter 
contentions were made. Occasionally mitiga- 
tions in the restrictions upon neutral commerce 
were introduced, as by the French decree of 
January 4, 1795, only to be followed by the 
decree of March 2, 1797, largely limiting Amer- 
ican commerce. The United States, in 1798, 
passed various acts to protect her commerce. 
Other interference on the part of the bellig- 
erents led to the reassertion in 1800 of the 
attitude of armed neutrality of 1780 {see), by 
Russia, Prussia, Sweden, and Denmark. The 
decrees and orders-in-council (see Milan De- 
ceee; Orders-in-Council) were issued with- 
out regard to the rights of neutral trade. In 
the United States domestic restrictions (see 
Embargo Acts; Non-Intercourse) checked 
and almost destroyed the growing neutral 
trade. The decline during the year 1808 was 
to nearly one-fifth the volume of the previous 
year. The failure to meet the purpose of many 
of the restrictions placed upon trade since 
1793 began to be evident. Certain restrictions 
were withdrawn by the French in 1801 and a 
somewhat more liberal policy prevailed from 
this time. It seemed necessary, however, for 
the United States, by the use of force in the 
War of 1812 with Great Britain, to indicate 
certain of her contentions to freedom of the 
seas and of commerce. The convention with 
Great Britain, July 3, 1815, after the close 
of the war, established freedom of trade. 

The position of friendly impartiality toward 
belligerent powers proposed by Washington in 
1793, and made clear in regulations and in 
the Act of Congress of June 5, 1794, was sub- 
sequently made more definite by the act of 
1818, which became the basis of much of the 
law regulating neutral trade. 

See Berlin Decree; Blockade; Continen- 
tal System; Milan Decree; Neutral Trade, 
Principles of; Neutrality, Principles of; 
Orders in Council; Private Property at 
Sea; Privateers; Rule of 1756; Treaties of 
the United States. 

References: L. A. Atherley- Jones, Commerce 
in War (1907); J. B. Moore, Digest of Int. 
Lata (1906), XI, 586-615; E. Channing, Jef- 
fersonian System (1905) ; K. C. Babcock, Rise 
of Am. Nationality (1905), 22. 

George G. Wilson. 

NEUTRAL TRADE, PRINCIPLES OF. 

Trade in which neutrals engage may be: (1) 
between neutral states and belligerent states; 
(2) between subjects of neutral states and 
belligerent states; (3) between subjects of neu- 
tral states and subjects of belligerent states. 
Trade between states which might be un- 
questioned in time of peace, may, if carried 
on between a neutral and a belligerent state 
in time of war, be in violation of what are 
considered the rules of neutrality. A state 
in time of peace may sell to another state 



arms, warships, and other military supplies. 
Such trade is in general prohibited in time of 
war, though in case of need a neutral state 
might sell to a vessel of war entering one of 
its ports a supply of coal sufficient to enable 
the vessel to reach its nearest home port. 

Trade between subjects of a neutral state 
and of a belligerent state is, in time of war, 
on a different footing from that of trade be- 
tween states. The subject of the neutral state 
has no international status which will make 
him liable, except to the consequences which 
follow his act. A neutral state which has 
failed to observe its neutral obligations and 
has sold war supplies to one belligerent may 
be bound to pay indemnities to the other bel- 
ligerent at the end of the war. 

The subject of a neutral state who has regu- 
larly engaged in trade in war materials dur- 
ing the war is considered as liable only to 
loss of his goods if they are captured by the 
other belligerent. His state will not protect 
him in this trade, but is not called upon to 
prevent trade in contraband. 

Trade during war is, however, more common- 
ly between a subject of a belligerent and a 
subject of a neutral state. Coal consigned by 
a neutral subject to a belligerent government 
would clearly be liable to capture save under 
very exceptional circumstances. Coal con- 
signed by the subject of a neutral to the sub- 
ject of a belligerent state might be liable to 
capture or might go free according to circum- 
stances. The presumption would be in favor 
of its exemption from capture and for capture 
it would be necessary to give reasonable proof 
that the coal was destined for military use 
( see Contraband ) . In general, trade by neu- 
tral subjects in goods not contraband of war 
is free even though the goods may be on ships 
of the enemy (see Free Ships Make Free 
Goods ) . As trade is usually free to the sub- 
jects of neutral states, the trade usually in 
the hands of subjects of belligerents is often 
transferred to neutrals on the outbreak of war 
or even in anticipation of war. Sometimes 
this advantage to the neutral is more than 
offset by the conditions under which the war 
is waged. Neutral trade may also be limited 
by the declaration of the belligerent that it will 
regard certain articles as contraband, or by 
the closing of certain ports by blockade. 

See Blockade; Continuous Voyages; Con- 
traband ; Free Ships Make Free Goods ; Pri- 
vate Property at Sea; Prize Law and 
Courts; Right of Search; Rule of 1756. 

Reference: L. A. Atherley- Jones, Commerce 
in War (1907) . George G. Wilson. 

NEUTRALITY, ARMED. See Armed Neu- 
trality. 

NEUTRALITY, PRINCIPLES OF. Slow 
Development. — The ancient idea was that all 
who were not friends were enemies. The idea 



520 



NEUTRALITY, PRINCIPLES OF 



that there could be a state which should not 
be of one or the other party to the war was 
of slow growth, and during the mediaeval peri- 
od the conception of a neutral state would be 
incompatible with the imperial ideas prevail- 
ing in regard to political relations. Even Gro- 
tius, in 1625, gave very little attention to the 
subject under the caption, "De his qui in hello 
medii sunt." He maintains that: 

It is the duty of those who stand apart from the 
war to do nothing which may strengthen the side 
whose cause is unjust, or which may hinder the 
movements of him who is carrying on a just war, 
and, in a doubtful case, to act alike to both sides, 
In permitting ti'ansit, in supplying provisions to 
the respective armies, and in not assisting parties 
besieged. 

In the treaties of the seventeenth century 
there were some attempts to establish neutral 
relations. In the eighteenth century the mul- 
tiplication of treaties by text writers led to a 
clearer conception of neutrality and Bynkers- 
hoek in 1757, used the word "non-hostis," non- 
enemy, to describe the idea saying, "I call 
those non-enemies who are of neither party 
in a war. If I am neutral, I cannot advan- 
tage one party lest I injure the other." This 
is a considerable advance over the seventeenth 
century idea. Even Henry Wheaton, in 1836, 
says, "There are two species of neutrality rec- 
ognized by international law. These are: (1) 
natural or perfect neutrality; and (2) imper- 
fect, qualified, or conventional neutrality." 
From the middle of the nineteenth century the 
idea of neutrality became more definite. Phil- 
limore says, "It is of the essence of his neu- 
tral character that he so retain this central 
position, as to incline to neither belligerent." 
The additional idea that neutrality must not 
only be observed but must also be enforced de- 
veloped gradually. The neutrality proclama- 
tion (see) issued by Washington in 1793, and 
followed by American legislation in 1794, and 
1818, and by the British act in 1819, gave 
definiteness to the actual obligations resting 
upon neutrals. Subsequent legislation of these 
and of other states has made the idea of neu- 
trality much more comprehensive than the 
early writers had thought possible. Acts 
which Grotius and Vattel would regard as 
proper on the part of belligerents towards neu- 
trals or vice versa are now forbidden under 
severe penalties. It is now considered that neu- 
trality is something more than impartiality 
and involves in practice not merely duties of 
abstention, but also duties of prevention, tol- 
eration and regulation. 

Effect of Existing Treaties. — The plea which 
was often made in earlier days that action 
favorable to a belligerent is taken by a neutral 
in consequence of a treaty obligation would not 
at present be considered valid. Troops, ships, 
supplies, or other aid were often furnished 
under treaty agreement and such action was 
regarded as consistent with neutrality. Swe- 
den, however, protested when Denmark, in 

521 



1788, furnished aid to Russia, even though this 
was in accord with a preexisting treaty. Den- 
mark replied that, so long as the troops and 
ships did not exceed the number stipulated in 
the treaty there could be no ground for pro- 
test. These troops were withdrawn, however, 
when other powers intervened to support the 
contention of Sweden. 

Prohibitions to Individuals. — The neutrality 
proclamation of the United States, of 1793, 
contained positive prohibitions. Washington 
said: 

I do hereby make known that whosoever of the 
citizens of the United States shall render himself 
liable to punishment or forfeiture under the law 
of nations by committing, aiding, or abetting hos- 
tilities against any of the said powers, or by carry- 
ing to any of them those articles which are'deemed 
contraband by the modern usage of nations, will 
not receive the protection of the United States 
against such punishment or forfeiture ; and fur- 
ther, that I have given instructions to those officers 
to whom it belongs, to cause prosecutions to be 
intituted against all persons who shall, within the 
cognizance of the courts of the United States, 
violate the law of nations with respect to the 
powers at war, or any of them. 

This assumption of certain positive obliga- 
tions upon the part of the neutral power as 
regards its citizens is an advanced position 
over that which had simply allowed the bellig- 
erent in the exercise of the right of war to 
capture neutral vessels and to condemn them if 
they had violated the laws of war, and to cause 
subjects of neutral states to suffer for acts 
which they had committed in violation of neu- 
trality if they were taken within the belliger- 
ents' jurisdiction. 

The duty to exercise a certain amount of 
prevention was assumed in addition to the rec- 
ognized obligation to abstain from interference. 
This duty of prevention became more defined 
during the nineteenth century. 

Unneutral Acts.— Certain acts by the belli- 
erent had long been tolerated by neutrals as 
visit and search of merchant vessels on the 
sea, but these rights, so-called, became more 
clearly defined during the nineteenth century. 

In general it came to be regarded as con- 
trary to neutrality to permit the enlistment 
of soldiers in neutral territory, the passage 
of troops through neutral territory, the loan 
or gift of supplies or money by a neutral state 
to a belligerent state, or the use of neutral 
territory as a base for fitting out warlike ex- 
peditions or as a military or naval base. 

It is not, however, obligatory upon a state 
to prevent trade between its subjects and bel- 
ligerents (see Neutral Trade). 

Test During the Civil War.— A test of the 
laws of neutrality came in consequence of the 
case of the Confederate vessel Alabama, fitted 
out in England in 1862. The Alabama and 
other Confederate vessels preyed upon the 
commerce of the United States. In deciding 
whether the United States had a claim for 
damages, Great Britain and the United States 
agreed upon the three rules of the Treaty of 
Washington by which a neutral government is 



NEUTRALITY PROCLAMATION OF 1793— NEVADA 



bound: (1) "to use due diligence to prevent 
the fitting out, arming or equipping within its 
jurisdiction of any vessel which it has reason- 
able ground to believe is intended to cruise or 
to carry on war against a power with which it 
is at peace" and likewise to prevent its de- 
parture from port; (2) not to allow the use 
of its ports or waters as a base; (3) "to ex- 
ercise due diligence in its own ports and wa- 
ters, and, as to all persons -within its juris- 
diction, to prevent any violation of the fore- 
going obligations and duties." The award in 
favor of the United States of fifteen and one 
half million dollars attracted great attention 
to the necessity of observation of neutrality 
though there was much difference of opinion as 
to the meaning of "due diligence" which was 
obligatory upon neutrals. The Hague Conven- 
tion of 1907 concerning the Rights and Duties 
of Neutral Powers in Naval War, Article 8, 



A neutral government is bound to employ the 
means at its disposal to prevent the fitting out or 
arming of any vessel within its jurisdiction which 
it has reason to believe is intended to cruise, or 
engage in hostile operations, against a Power with 
which that Government is at peace. 

Maritime Neutrality. — In days when warfare 
was largely an engagement of forces on 
land, the principles of neutrality so far as 
evolved were comparatively simple. The devel- 
opment of warfare on the sea has given rise 
to many new questions in regard to fitting out 
ships, furnishing supplies, permitting repairs, 
passage through and sojourn in neutral waters, 
etc. Other questions involve the use of tele- 
graph, wire and wireless. The use of the air- 
spaces for scouting by war balloons and other 
airships and the use of the air for other war 
purposes has still further extended the possi- 
bility of the application of the principles of 
neutrality. 

See Alabama, Controversy; Asylum, Dip- 
lomatic; Belligerency; Continuous Voy- 
ages; Contraband; "Free Ships Make Free 
Goods"; Good Offices; Impressment; Inter- 
vention; Maritime War; Neutral Trade; 
Neutrality Proclamation; Protection of 
Citizens Abroad. 

References: R. Kleen, Lois et usages de la 
Neutrality (1898-1900) ; W. E. Hall, Int. Law 
(1909), 71-77, 576 et seq.; L. Oppehheim,7wf. 
Laio (1912), II, 347 et seq.; M. Burrows, For- 
sign Policy of Great Britain ( 1895 ) , chs. ix- 
xi; C. B. Benton, English and French 'Neutral- 
ity ( 1864) ; H. Grotius, De Jurre Belle ac Pads 
(1625), 2, 15, ch. xvii; H. Wheaton, Elements 
of Int. Law (1836), § 413; J. D. Richardson, 
Messages and Papers (1896), I, 15; J. B. 
Moore, Int. Arbitration (1898), I, 499. 

George G. Wilson. 

NEUTRALITY PROCLAMATION OF 1793. 

When war broke out between France and Eng- 
land in 1793, the situation was as follows. The 
United States was a weak nation with no pres- 



tige, no known stability, no navy. Its foreign 
trade was relatively large and carried chiefly 
in its own ships. Hostility to England still 
existed. Gratitude to France went along with 
sympathy with the political faith preached by 
France. American aid might be valuable to 
France especially on the sea. The guaranty of 
French West Indian possessions, by the treaty 
of 1778, still held good if the war were de- 
fensive. On the other hand, war with England 
would inevitably wipe out this country's com- 
mercial marine and perhaps plunge it into ir- 
remediable evils. 

When, in April, 1793, Genet fitted out priva- 
teers and set up prize courts under French 
consuls, he presented a concrete case for de- 
cision — should the country side with the 
French or should it keep aloof from foreign 
rivalries? 

The Proclamation of Neutrality of April 22, 
1793, was the answer; it marked a turning 
point in Americas foreign policy, and was 
perhaps the most important act of Washing- 
ton's presidency. Though it did not contain 
the word "neutrality," it was a precedent of 
weight in the history of international law, in 
that it forbade "committing, aiding or abetting 
hostilities" against any of the powers at war 
under penalty, and warned of the risk of con- 
demnation if contraband goods were carried. 

See Great Britain, Diplomatic Relations 
with; Jay Treaty; Neutrality, Principles 
of. 

References: J. S. Bassett, Federalist System 
(1906), 86; J. B. McMaster, Hist, of People 
of U. 8. (1892), II; W. MacDonald, Select 
Documents of U. 8. Hist. (1911), 112; A. B. 
Hart, Foundations, Am. For. Pol. (1902), 24; 
J. Schouler, Hist, of the United States ( 1880 ) , 
262 et seq.; J. Winsor, Narr. and Crit. Hist. 
America (1688), VII, 464. 

T. C. Woolsey. 

NEUTRALIZATION OF CANALS. Proposi- 
tions for the neutralization of artificial water 
ways have frequently been made. The Suez 
Canal is neutralized by an international agree- 
ment. Canals of a peculiarly national char- 
acter such as the Kiel Canal and the Corinth 
Canal are considered as within national juris- 
diction. The Panama Canal which partakes 
both of a national and international character 
is by treaty agreement with Great Britain sub- 
ject to a qualified neutralization. 

See Canal Diplomacy; Panama Canal; 
Suez Canal; Waterways, Regulation of. 

G. G. W. 

NEVADA. The government of Nevada has 
always been complicated by the fact that it 
has only a very small population scattered over 
110,690 square miles; in 1880 Nevada had 
62,266 people, and in 1910, 81,875, the greater 
part being connected with mining and trans- 
portation industries. Acquired from Mexico 



522 



NEVADA 



by treaty in 1848, Nevada was first a county of 
California and then of the territory of Utah; 
it was admitted as a state in 1864 to meet an 
emergency in the political program of the Re- 
publican party. 



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Boundaries of the State of Nevada, Showing 
Territorial Changes 

The legislature consists of a senate of 20 
members, elected for four years, and an as- 
sembly of 49 members elected for two years; 
the membership of the senate must be not more 
than one-half, nor less than one-third that of 
the assembly. The legislature meets bienni- 
ally in sessions limited to fifty days; special 
sessions are limited to twenty days. The ref- 
erendum as applied to state laws, upon peti- 
tion of ten per cent of the voters, was made 
effective in 1904 {see Legislation, Direct; 
Referendum ) . 

The governor, lieutenant-governor, and six 
other executive and administrative officers are 
elected for four years, with the usual powers 
of such officers, save that the governor exer- 
cises the pardoning power only as a member of 
the board of pardons, and may adjourn the 
legislature in case of disagreement of the two 
houses over adjournment. The state has eleven 
boards of esc. officio members and eleven other 
boards with some appointive members. The 
regents of the state university are elected. 
The judiciary department of the state com- 
prises the supreme court consisting of three 
justices elected for six years; nine district 
courts, with ten judges elected by districts for 
four years; justices' courts in the townships 
and municipalities; and certain special munic- 
ipal courts. In jury trials in civil cases a 



verdict may be rendered by a three-fourths 
vote. 

County and township government must be 
uniform throughout the state. Each of the 
fifteen counties elects a board of county com- 
missioners who work in cooperation with the 
usual officers — excepting the county superin- 
tendent of schools — whose duties may, in par- 
ticular counties, be kept separate or combined 
as the legislature may prescribe. 

The franchise is enjoyed only by the male 
citizens, resident in the state six months, but 
an amendment to the constitution providing 
for female suffrage was started in 1911 on its 
four-years' course to adoption or rejection. 
The short period of ^residence required for ac- 
quiring citizenship in the state has made Ne- 
vada the resort of persons seeking divorce up- 
on any one of the six causes recognized by law, 
including desertion, habitual drunkenness, and 
cruelty. 

Nominations for all elective public offices 
except those in school districts, irrigation dis- 
tricts, and certain municipalities, including 
party candidates for Ihe office of United States 
senator, must be made by direct vote at pri- 
mary elections or by nominating petitions. 
Provisions are also made for pledges relative 
to their votes for United States Senator by 
persons nominated for state senator or assem- 
blymen (see Primary, Direct). 

The public school system, as organized under 
a new code in 1911, is under the state board 
of education of three ex officio members with 
general direction, the superintendent of pub- 
lic instruction, deputy superintendents (who 
take the place of county superintendents) ap- 
pointed for a term of four years, by the state 
board of education in each of five districts into 
which the state is divided, and the local 
boards. The revenues of the state school fund 
are derived chiefly from a federal land grant 
of 2,000,000 acres, certain fines, etc., and a 
state tax of ten cents on each $100 of valu- 
ation. The state university, normal school, 
school of mines, and agricultural college are 
combined in one institution located at Reno. 

The political complexion of the state has 
varied widely. It was Republican, as a rule, 
up to 1876, Democratic in 1880, Populist or 
Silver Party from 1885 to 1895, and usually 
Democratic since the election of 1896. Its dis- 
proportionately large representation in Con- 
gress for so small a population, together with 
the predominance of its great mining inter- 
ests, has caused Nevada sometimes to be called 
an American "pocket borough." 

See Constitutions, State, Characteristics 
of; State Governments. 

References: Statutes of Nevada, for 1911 
(Constitution, 487-524; School Law; Primary 
Law) ; C. H. Shinn, The Story of the Mine 
(1896) ;F. N. Thorpe, Federal and State Con- 
stitutions (1909), IV, 2391-2432. 

Kendric C. Babcock. 



523 



NEW AMSTEKDAM— NEW ENGLAND 



NEW AMSTERDAM. The name of the 
Dutch settlement on Manhattan Island which, 
in 1652, was incorporated as a city. A Dutch 
trading post was established on Manhattan 
Island in 1613 but the first real settlement 
was made in 1623 by the colonists sent out 
by the West India Company. In 1626, Peter 
Minuit, director of the Colonies in New Nether- 
lands, purchased Manhattan Island from the 
Indians for 60 guilders ($24) with a view 
to making it the principal settlement. The 
inhabitants were mainly employees of the West 
India Company and possessed no political 
rights. The charter of 1652 provided for a 
city government administered by a Schout ap- 
pointed by the company, two Burgomasters and 
five Schepens to be elected. At that time the 
city had about 800 inhabitants. Burgher 
right was established in 1657. Only burghers 
and employees of the company could hold of- 
fice or engage in commerce. The city was sur- 
rendered to an English fleet in 1664, its name 
was changed to New York and a new form of 
government established. In 1673 it was re- 
captured by the Dutch and the city govern- 
ment of New Amsterdam restored, but by the 
treaty of Westminster it was returned to the 
English in 1674. See New York City. Ref- 
erences: E. H. Roberts, New York (1887), I; 
J. Fiske, Dutch and Quaker Colonies (1899), 
Records of New Amsterdam' (1897). 

E. H. G. 

NEW BRUNSWICK. One of the three mari- 
time provinces of Canada (see). It has an 
area of 27,985 square miles and its population 
at the last official census (1911) was 351,889, 
an increase of about 20,000 over that of a 
decade preceding. 

New Brunswick, according to English claims, 
formed part of the French territory of Acadia 
which was ceded to the British Crown by the 
Treaty of Utrecht in 1713; but this claim was 
not admitted by the French Government and 
the title to the territory remained in dispute 
until it went definitely to England by the 
Treaty of Paris in 1763. After the Revolu- 
tionary War the province received a large in- 
flux of Loyalist settlers, and in 1784 it was 
separated from Nova Scotia, with which pro- 
vince it had been joined since 1763, and was 
given a representative system of its own. 

The struggle for responsible government in 
the Canadian provinces may be said to have 
commenced in New Brunswick, although it 
took longer to reach a satisfactory culmination 
there than in the others (see Responsible Gov- 
ernment in Canada). Even before the close 
of the nineteenth century the appointive 
and elective branches of provincial government 
had come into conflict over appropriations, and 
during the years 1796-1799, no revenue bills 
were passed by the assembly. The constitu- 
tional struggle continued in one form or other 
until 1854, when the complete responsibility 



of the executive to the legislature was finally 
established. Meanwhile the province came into 
prominence during the diplomatic negotiations 
which ended in the Asburton Treaty of 1842. 
By the terms of this treaty New Brunswick 
was awarded about five thousand square miles 
of the whole territory in dispute. 

New Brunswick was represented in the ne- 
gotiations which led to the confederation of 
the Canadian provinces in 1867, and was one 
of the four original members of the new union. 
It is represented in the Dominion Parliament 
by ten senators and thirteen members of the 
house of commons. As a rule one or more of 
the federal ministers are chosen from among 
the members of this delegation. The provincial 
government consists of a lieutenant-governor, 
appointed for a five-year term by the governor- 
general of the Dominion; an executive council 
or ministry chosen by the lieutenant-governor 
but responsible to the assembly; and a single 
elective assembly of forty-six members, chosen 
from the legislative districts. The province 
originally had a legislative council of eighteen 
appointive members, but this body was 
abolished some years ago. The provincial capi- 
tal, which is also the seat of the provincial 
university, is at Fredericton. See Canada; 
Canadian, Provinces. W. B. M. 

NEW ENGLAND. The name New England 
was first applied to the coast northeast of New 
York by John Smith in 1614, and was formally 
adopted in the grant to the Council for New 
England in 1620. The New England Confed- 
eration of 1643 (see) included only four of 
the six little colonies then existing. An effort 
was made to create a colony of New England 
by Andros in 1688; since that time, the name 
has had no political meaning, but is popularly 
applied to the states of Maine, New Hamp- 
shire, Vermont, Massachusetts, Rhode Island 
and Connecticut. In 1910, that region had a 
population of 6,554,681. 

Topography. — New England is everywhere 
hilly except in comparatively narrow river 
bottoms; and in the north, contains numerous 
ranges of low mountains. A considerable part 
of New England is rocky and sterile, and parts 
of the surface are covered with lakes and bogs. 
With the exception of small openings (com- 
monly called intervales) it was originally com- 
pletely wooded. With the exception of the 
Kennebec, Penobscot and Connecticut, all the 
rivers are short and are interrupted near their 
mouths by falls around which have grown up 
such manufacturing cities as Waterville, Low- 
ell, Holyoke and Lawrence. The coast, except 
for projecting spits of which Cape Cod is the 
most prominent, is rock-bound; and is pro- 
vided with many land-locked harbors. 

In addition to the sterile parts of the com- 
monwealth, there is abundance of fertile soil 
which has always availed to support a large 
agricultural population; many of the so-called 



524 



NEW ENGLAND 



abandoned farms are now worked profitably by 
foreigners. A great deal of tobacco is raised, 
also wheat, corn, oats and barley. Farming is 
diversified, and there is a large amount of 
dairying, though the raising of beef cattle for 
the market has almost gone by. 

Industries. — In the beginning New England 
was a lumbering, ship building, ship sailing 
and fishing region. The four pursuits fitted 
together, for the first class ship timber grown 
on or near tidewater gave a great advantage 
to ship building, in which the farmers joined 
as their winter work; and from the same 
families came the sailors and sea captains. 
From the foundation of Plymouth in 1620 the 
inshore and banks fisheries have been a source 
of employment and profit. New England was 
one of the liveliest shipping regions of the 
world until the decline of the clipper ship, 
beginning with the opening of the Suez Canal 
in 1869. It was not until 1893, however, that 
the last American wooden sailing ship was 
launched. 

In the embargo {see) days of 1808 some 
capital was turned to manufactures. The War 
of 1812 gave this tendency an additional ad- 
vance; and after the tariff of 1816 a consider- 
able part of the members of Congress from New 
England were for high tariffs on cotton and 
woolen goods. Textile manufacture has be- 
come the industry of the section, and has led 
to the growth of a distinctively manufacturing 
population. 

New England has an old fashioned but serv- 
iceable transportation system with many 
branch lines, so that it is easy to build up a 
manufacturing town wherever conditions of 
water power or fuel supplies by sea are favor- 
able. 

Population. — The New England population to 
about 1840 was still of the English stock, then 
came foreigners, one wave after another, till 
in Massachusetts in 1900, 62 per cent of the 
population was foreign born or had a foreign 
bom parentage; and in New England taken 
together the foreigners born were 2,984,159 or 
53 per cent of the whole. Only about half 
of the present population is of the old English 
stock, which, nevertheless, furnishes a large 
part of the leadership in the professions and 
in business enterprises. 

Characteristics. — The characteristic New 
England traits are held to be a strong sense 
of duty, great energy and persistence, and an 
interest in the intellectual and spiritual wel- 
fare of the community, along with an intense 
individuality and desire to do things in one's 
own way. The "missionary spirit" has always 
been intense. The energy of the people, and 
their devotion to their own section of the coun- 
try are evidenced by the steady growth in 
wealth and in population, in the face of the 
allurements of the middle and western states. 
Thus Massachusetts, in the last fifty years, 
has increased by 173 per cent as against a 



525 



growth in the whole country of 192 per cent. 
The wealth of the community has increased 
even faster and Brookline, a rich suburb of 
Boston, Providence and Hartford are reputed 
to have the highest average of property per 
capita to be found in the whole country. 

Interest in the things of the mind is shown 
by the New England schools and colleges. Mas- 
sachusetts was the first community in the new 
world to recognize the need of the education 
of every child. The Boston Latin School, es- 
sentially a high school, was founded in 1635, 
Harvard College in 1636. The first distinct 
theological school, the Harvard Divinity 
School, appeared in New England in 1781. 
That section divides with Pennsylvania the 
honor of establishing the first medical school. 
The first law school in the country was found- 
ed at Litchfield, Conn., in 1784. New England, 
with an area of only 66,424 square miles — less, 
altogether than the state of Missouri^-con- 
tains 31 efficient colleges and technical schools 
which are attended by large numbers of youth 
from outside the limits of New England, and 
are to a considerable degree national institu- 
tions. 

The moral interest of New England was 
shown first of all by the theocratic system 
of Massachusetts; then by the continuance of 
state-supported churches in Massachusetts till 
1833; then by the variety of sects and denom- 
inations which have found a footing in New 
England. The Congregational church stands 
next to the Roman Catholic among religious 
denominations, and New England is also the 
stronghold of Unitarianism. There was al- 
ways a mystical strain in the New England 
character to which is due the foundation by 
New Englanders of several large churches 
such as the Mormon church and the Christian 
Science denomination. 

Government. — In government New England 
has furnished to the rest of the country the 
example of its town meeting {see) system, 
which, though advocated by Jefferson, has never 
been completely adopted anywhere, else except 
to a limited degree in Michigan, and is now 
being steadily eliminated by the growth of 
cities. The town system has given a distinct 
character to the local government of New Eng- 
land which has been a school of practical poli- 
tics. The New England state governments 
have, on the average, not been very different 
from those of the younger states. Rhode Is- 
land has been as much a pocket borough as 
Nevada. Farmers in New Hampshire have 
been no freer from money influences than the 
foreign voter in the cities. Still, the New Eng- 
land states have led the rest of the country in 
legislation for social betterment. The first 
prohibition law was passed in Maine in 1846, 
and was made effective in 1851 {see Dow, 
Neal). 

Among the first insane hospitals are those 
of New England states. Massachusetts has 



NEW ENGLAND, BRITISH PROVINCE— NEW FRANCE 



gone farther than any other state, except, per- 
haps, Wisconsin, in laws for the protection of 
workingmen. It was one of the earliest states 
to limit the hours of labor and has set up 
a variety of commissions for public services. 
Massachusetts was also one of the earliest 
states to control caucuses and political con- 
ventions by law. 

New England has always had a large influ- 
ence in the Federal Government, partly be- 
cause it has taken more pains than some other 
sections to keep able men in office. Among its 
representatives and senators have been Blaine, 
Fry, Eugene Hale and Reed from Maine; John 
P. Hale and Daniel Webster from New Hamp- 
shire; Justin S. Morrill and George F. Ed- 
munds from Vermont; Dawes, Crane, Hoar, 
Lodge, Edward Everett and Charles Sumner 
from Massachusetts; Aldrich from Rhode Is- 
land and Piatt from Connecticut. 

See Middle States; Physics and Politics; 
Physiography of North America; Section- 
alism in American Government. 

References: N. S. Shaler, The United States 
(1894), I, ch. ii; J. G. Palfrey, Hist, of New 
England (1858-1890), I, 1-14; Justin Winsor, 
Narrative and Critical Hist, of Am. (1889), 
III, chs. vii-ix, V, ch. ii; list of sectional 
and state histories in Channing, Hart and Tur- 
ner, Guide to Am. Hist. (1912), § 37, biblio- 
graphy in ibid, § 146. 

Albert Btjshnell Hart. 

NEW ENGLAND, BRITISH PROVINCE. 

As early as 1674-1675 the English Government 
formulated a plan for the establishment of a 
governor -general at the head of a royal prov- 
ince comprising all of the colonies in America 
to the north of the Delaware. In 1684 the 
charter of Massachusetts Bay was pronounced 
null; and, following the accession of James II 
in February, 1685, Joseph Dudley was com- 
missioned provisionally as "president" of New 
England, with jurisdiction over Massachusetts 
Bay, New Hampshire, Maine, and the mainland 
of Rhode Island west of Narragansett Bay. 
June 3, 1686, the project of consolidation was 
advanced another step by the commissioning 
of Sir Edmund Andros as "governor-in-chief of 
the territory and dominion of New England." 
The authority of Andros was great and extend- 
ed from the outset over Massachusetts, Ply- 
mouth, New Hampshire, and Maine; and, al- 
though they contrived to retain their charters, 
Rhode Island and Connecticut were brought 
under at least nominal control. April 17, 1788, 
New York and New Jersey, by royal order, 
were added. Upon the collapse of the Andros 
regime in April, 1689, consequent upon arrival 
of the news of the landing of William of 
Orange on the coast of England, the various 
colonies resumed provisionally their earlier 
governmental arrangements. See Massa- 
chusetts. Reference: C. McL. Andrews, Co- 
lonial Self-Government (1904). F. A. 0- 



NEW ENGLAND CONFEDERATION. See 
Colonial Unions Before 1775. 

NEW ENGLAND COUNCIL. The failure in 
1608 of the Popham establishment on the Ken- 
nebec disinclined the Plymouth Company to 
further colonial enterprise. In March, 1619, 
Sir Ferdinando Gorges, the most energetic 
member of the corporation, led in a petition 
for a charter which should secure to the as- 
sociates an effective monopoly of fishing priv- 
ileges in northern waters. The Virginia Com- 
pany protested, but November 3-13, 1620, the 
new charter passed the seals, and in June, 1621, 
Parliament ordered the instrument's delivery. 
The territory assigned to the forty patentees, 
henceforth to be known as New England, com- 
prised all North America between the parallels 
40° and 48°; and with it was conceded the fish- 
ing monopoly which Gorges had sought. The 
reorganized corporation was known as the 
Council for New England, and the powers of 
government conferred upon it were virtually 
identical with those conferred upon the London 
Company in its charters of 1609 and 1612. 
Ambitious plans were drawn up for the settle- 
ment of the New England coast, but the efforts 
of the Council met with meagre success. In 
1635 the associates voluntarily surrendered 
their patent to the king. See Massachusetts. 
Reference: W. MacDonald, Select Charters 
(1899), 23-32. F. A. O. 

NEW FRANCE. New France included the 
various territories claimed by the King of 
France in North America during the seven- 
teenth and eighteenth centuries. Sometimes 
the term was used to comprise Canada, Acadia, 
and Louisiana; but more often it had refer- 
ence only to the first of these, that is to say, 
the French settlements on the St. Lawrence 
and the Great Lakes. Taking it in this latter 
sense, the history of New France begins with 
the founding of Quebec by Champlain in 1608 
although the voyages of Cartier and Roberval, 
more than a half-century previous, had given 
to the French a claim upon the St. Lawrence 
valley. The colony made little headway until 
1627, when it was handed over to the care 
of a commercial organization, the Company of 
New France, more commonly called the Com- 
pany of One Hundred Associates. This com- 
pany, which was a protege of Cardinal Riche- 
lieu, received not only the St. Lawrence valley, 
but all the other American territories claimed 
by France as a huge fief on nominal terms. 
But the company soon encountered troubles 
and in 1663, after its colonial commerce be- 
came unprofitable, it surrendered its terri- 
tories to the Crown. New France thereupon 
became a royal province and continued to be 
administered as such until its conquest by 
England in 1759-60. The colony grew slowly 
but at the close of the French regime its pop- 
ulation amounted to about 50,000. 



526 



NEW HAMPSHIRE 



The government of New France consisted of 
a governor-general appointed by the French 
Crown during pleasure, an intendant similarly 
appointed, and a sovereign (superior) council. 
This council, made up of the governor-general 
the intendant, bishop, and certain appointive 
members, was the chief legislative, administra- 
tive, and judicial authority of the colony. 
Certain special fields of jurisdiction were re- 
served to the governor-general, as, for example, 
the conduct of military operations. A few 
special powers pertained to the intendant, as, 
for example, the control of the workings of 
the land tenure system. 

For administrative purposes New France was 
divided into three districts, those of Quebec, 
Three Rivers, and Montreal. Each district was 
in charge of a governor, who represented the 
authority of the governor-general, and a sub- 
delegate who represented the intendant. Each 



district, moreover, had its local courts, from 
the decisions of which appeals might be car- 
ried to the sovereign (superior) council, and 
was divided into parishes which were, in the 
main ecclesiastical units but also served in an 
elementary way as areas of local government. 
The civil officer of the parish was a captain 
of the militia (capitaine de la milice) , appoint- 
ed by the governor-general. This official acted 
as the local representative of the higher civil 
authorities. 

See Canada. 

References: F. X. Garneau, Histoire du Can- 
ada (1882-1883); Francis Parkman, Complete 
~\Yorks (in various editions), especially The 
Old Regime in Canada; J. Doutre and E. La- 
reau, Histoire du Droit Civil Canadien (1872) ; 
R. S. Weir, The Administration of the Old 
Regime in Canada (1897). 

William Bennett Muneo. 



NEW HAMPSHIRE 



Boundaries and Settlement. — New Hamp- 
shire was so named in the Plymouth Company 
charter granting John Mason land between the 
Merrimac and Piscataqua ( 1629 ) . The south- 
eastern boundary and the western boundary 
were settled by royal authority, 1740, 1745; 
the northern boundary, 1842; and the southern 
boundary, 1901. Three groups of colonial set- 
tlements were made. (1) Along the Atlantic 
coast settlements were made between 1623 and 
1638 resulting in the four coast towns : Dover 
and Portsmouth by settlers from England; 
Exeter by Puritan exiles from Massachusetts 
Bay; Hampton by settlers under Massachu- 
setts authority. In 1641-3 the people in these 
towns passed by agreement under the Massa- 
chusetts jurisdiction, retaining their franchise 
"even though they bee not at present church 
members." They remained under Massachu- 
setts government until New Hampshire be- 
came a royal province, 1679-80, and were re- 
united with Massachusetts, 1690-92. As New 
Hampshire had the same governor as Massachu- 
setts, 1699-1741, the two colonies had either 
the same legislative or executive authority, 
1641-1741, save for fourteen years. (2) The 
Merrimac valley was settled by Scotch-Irish 
(Londonderry, 1719) and Massachusetts col- 
onists. (3) After the capture of Quebec the 
Connecticut valley was rapidly settled, largely 
from Connecticut. Nearly twice as many 
towns were chartered, 1760-1774, as in the 
previous 138 years. 

History Since 1776.— January 5, 1776, a pro- 
vincial congress established a "form of gov- 
ernment" containing 900 words, the earliest 
state constitution adopted. All money bills 
had to "originate in the House of Representa- 
tives" of the "Congress"; neither branch was 
to adjourn for more than two days "without 



the consent of the other"; the "President" of 
the council was regularly elected chairman of 
the committee of safety and was the actual ex- 
ecutive. 

Most of the provisions of the permanent con- 
stitution of 1783 were taken nearly verbatim 
from the Massachusetts constitution of 1780; 
but there is some recurrence to state constitu- 
tions antedating Massachusetts. The four ar- 
ticles regarding military power follow seriatim 
the Maryland articles. The article on liberty 
of the press felicitously combines Massachu- 
setts and South Carolina clauses. The opening 
clause 'All men are born equally free and in- 
dependent" follows Vermont and Pennsylvania. 
The statement of liberty of worship follows 
Pennsylvania. The principles later embodied 
in the first eight amendments to the national 
Constitution are included. The omission of 
any executive veto follows the example of the 
earlier state constitutions. The New Hamp- 
shire bill of rights was somewhat more toler- 
ant, democratic, and revolutionary than that 
of Massachusetts. It added "no person of any 
one particular religious sect or denomination 
shall ever be compelled to pay towards the 
support of the teacher * * * * of an- 
other sect;" rejected the Massachusetts article 
requiring attendance upon and support of pub- 
lic worship; and in the oath of officers omitted 
any declaration of belief. From 1791, persons 
not supporting some other denomination were 
taxed "for support of the ministry and meeting 
houses" until 1819, when any person, "declar- 
ing he is not of the religious persuasion of 
the ministry settled in such town," was ex- 
empt. The right of revolution is emphasized 
by adding the Maryland condemnation of "the 
doctrine of non-resistance against arbitrary 
power." Part II required that the "President 



527 



NEW HAMPSHIRE 



of the State/' senators, councilors, and repre- 
sentatives should possess freeholds and be "of 
the Protestant religion"; enfranchised adult 
male taxpayers, omitting the Massachusetts 
property qualification; provided for twelve sen- 
ators, one representative for each town or 
group of towns with 150 polls, and one repre- 
sentative for each additional 300 polls, and a 
council of five chosen by joint ballot from two 
houses. 



College of Agriculture and the Mechanic Arts, 
normal and industrial schools, school for feeble- 
minded children, and members of thirty-five 
other boards. The secretary of state and treas- 
urer are elected by the Legislature. The sen- 
ate has had twenty-four members since 1878. 
The House in 1911 had 393 representatives in 
a population of 430,572. Property qualifica- 
tions for state offices were abolished, 1852, and 
religious qualifications, 1878. Adult male in- 




BOUNDARIES OF THE STATE OF NEW HAMPSHIRE 



Since 1793 the executive has been styled gov- 
ernor and possessed veto power, through an 
amendment taken verbatim from the Federal 
Constitution. Five councilors have been cho- 
sen, 1793-1829, by counties, by districts since 
1829; their number has never changed, though 
the counties have increased from five to ten. 
There has never been a lieutenant governor. 
Since 1889 the president of the senate and 
speaker of the house have been authorized to 
replace the governor. The term of governor 
and "General Court" has been two years since 
1878. The governor (salary $3000) and coun- 
cil appoint the attorney general, judges, super- 
intendent of public instruction, trustees of the 



habitants paying taxes possessed the franchise, 
1793-1903, when an educational qualification 
was added, and female suffrage rejected. In 
1903 the legislature was empowered to tax 
franchises and inheritances, and legislate 
against "persons and associations" endeavoring 
to raise prices or "destroy free and fair com- 
petition." 

Conservatism. — A striking conservatism has 
been shown in the unwillingness to modify the 
democratic constitution of 1783. The people 
have rejected 16 out of 23 proposals for consti- 
tutional conventions, and held only five since 
1783 up to 1912, when in the sixth constitu- 
tional convention 12 amendments to the consti- 



528 



NEW HAMPSHIRE GRANTS 



tution were proposed, and submitted to the 
people Nov. 5. Only four of them were adopt- 
ed. Of all amendments proposed, about half 
have been accpted, a large proportion of these 
being verbal. The constitution remained "un- 
paralleled among other states except Rhode 
Island and New Jersey, and has been in force 
129 years, a longer time than the organic law 
of any other American commonwealth except 
Massachusetts." The strong self-governing 
spirit of a frontier colony is illustrated by the 
practically independent government of the four 
coast towns until 1641-3, and from 1689-90; 
by the resistance to the claims of Mason and 
the misgovernment of Cranfield; by the at- 
tempt of the Connecticut valley towns to form 
an "independent state" of "New Connecticut," 
1777-1782; by the quick response of New 
Hampshire on the receipt of the news of Lex- 
ington, when 1200 men at once marched to 
Boston; and by the independent command 
granted John Stark enabling him to retain a 
force at Bennington against Schuyler's 
earlier orders. The insistance upon full 
local representation is illustrated by the 
special privileges of electing their own 
representatives granted to small towns that 
could not conveniently unite with others, 
1783-1889; in 1851 and 1903 by the 
rejection of amendments decreasing the number 
of representatives. Since 1878 a town elects 
one representative if it has 600 inhabitants, 
and one for each additional 1200. A town of 
less than 600 sends one representative a pro- 
portionate part of the time. Local government 
has always been carried on through the town 
meeting. 

Parties. — New Hampshire was the ninth and 
decisive state to adopt the Federal Constitu- 
tion. At first Federalist (see), the state elect- 
ed Gilman governor, 1794-1805, when he was 
succeeded for four years by Langdon, Republi- 
can; but Gilman was reelected, 1813-1815, and 
Webster was chosen to Congress, 1813-1817. 
During the period of Republican (Democratic) 
control (see Democratic-Republican Party) 
the legislature so modified the charter of Dart- 
mouth College as to replace it by a university 
under overseers appointed by governor and 
council (1816). The act was pronounced un- 
constitutional (see Dartmouth College 
Case). Until 1850, the state was, as a rule, 
Democratic under the leadership of Isaac Hill, 
Levi Woodbury and Franklin Pierce. Stephen 
S. Foster vainly preached abolition doctrines 
through harangues and pamphlets; Noyes 
Academy, established in Canaan for "all pu- 
pils without distinction of color," had its spon- 
sors boycotted and its buildings removed by 
vote of town meeting, and its school broken 
up in 1835. In 1845, John P. Hale and Amos 
Tuck started a successful revolt against pro- 
slavery and Democratic control. An anti-sla- 
very governor was elected, Tuck and Hale were 
sent to Congress, and Hale was twice reelect- 



529 



ed Senator. Since 1856 New Hampshire has 
had a Republican governor (except 1871, 1874), 
and Republican congressmen with rare excep- 
tions. In 1912, however, the electoral vote 
was for the Democratic presidential candidate 
while the legislature elected a Democratic 
governor. 

Important Legislation. — The prohibitory law 
of 1855 was replaced (1903) by a local-option 
license law providing for a state board of li- 
cense commissioners who may "in their discre- 
tion," even in places voting no license, issue 
licenses to innholders (for liquors to be drunk 
by non-resident guests), druggists, and rail- 
road restaurant keepers (see Liquor Legisla- 
tion). A direct primary law (1909) provides 
that, save in local elections, "all candidates 
for elective offices shall be nominated by 
a primary or nomination papers," delegates 
to state conventions shall be elected at 
primaries; a voter shall vote on the ballot of 
the party for which he registered and if chal- 
lenged shall "make oath that he affiliates with 
and generally supports the candidates of the 
party with which he offers to vote"; delegates 
and nominees of each party shall meet in con- 
vention to adopt platform and elect county 
committees. The progressive wing of the Re- 
publican party, supporting the primary and 
anti-pass laws, elected Robert P. Bass govern- 
or, 1910. Poulation in 1910 was 430,572. 

See Constitutions, State; State Govern- 
ments. 

References: Provincial and State Papers, 
Eds., Nathaniel Bouton, I-X, I. W. Hammond, 
XI-XVIIII, A. S. Batchellor, XXX, (1867- 
1910) ; A. S. Batchellor, Laws of N. H. Prov- 
ince Period, I (1904) ; J. F. Colby, Manual of 
the Constitution (1912); J. Belknap, Hist, of 
New Hampshire (1784-1792); F..B. Sanborn, 
New Hampshire (1904) ; C. Deane, in Mass. 
Hist. Soc, Proceedings (1876), 358-385; Bu- 
reau of Labor, New Hempshire as a Summer 
Resort (1905), 7th Report (1907) ; W. M. and 
A. H. Chase, Public Statutes of New Hampshire 
and Laws in Force (1901) 

Herbert D. Foster. 

NEW HAMPSHIRE GRANTS. New Hamp- 
shire's western boundary was declared by the 
King to be where "it meets our other govern- 
ments" (1739, 1741). Governor Benning Went- 
worth granted 129 township charters west of 
the Connecticut, 1749-1764, when the King 
declared "the western banks of Connecticut 
River . . . the boundary line." Against 
New York's claim, the inhabitants of these 
grants secured a royal prohibition of disturb- 
ance of their titles (1767) and offered armed 
resistance. A convention of the grants de- 
clared "the inhabitants ... in a state of 
nature ... a free and independent state," 
called New Connecticut, later Vermont (1777). 
Sixteen towns east of the Connecticut river, 
feeling inadequately represented in New Hamp- 



NEW HAVEN— NEW JEKSEY 



shire, joined Vermont. Nineteen towns on both 
sides the river, considering themselves denied 
equal rights, seceded from Vermont, and "unit- 
ed together," claiming "right to form an in- 
dependent state" (1778). These four juris- 
dictions produced conflicting courts, sheriffs, 
and arrests, and threats of armed force. Under 
Washington's influence, Congress' compromise 
was accepted (1782). The eastern towns 
rejoined New Hampshire; Vermont's claim to 
the western towns was eventually recognized 
by New Hampshire and New York. Refer- 
ences: J. Belknap, New Hampshire (1791), II, 
chs. xxii, xxvi, Records of Governor and Coun- 
cil Vermont (1873-4), I, II; J. L. Rice, 
"Dartmouth College and the State of New 
Conn." in Connecticut Valley Hist. $oc, 1816— 
1881 (1881), 153-206; New Hampshire State 
Papers, X ( 1877 ) , XXVI ( 1895 ) . H. D. F. 

NEW HAVEN. The Colony.— New Haven 
is the largest city in Connecticut. The first 
settlers came mainly from London in 1638. 
In 1639 they agreed on certain fundamental 
points of civil government; one, that the rules 
of Scripture were to be applied as the supreme 
authority; another, that church members only 
could be electors or officers. Other plantations 
were soon afterwards made along Long Island 
Sound which entered into a "combination" with 
New Haven under the name of the "Jurisdic- 
tion of New Haven." A series of "Fundamen- 
tal Orders" were at the same time agreed on 
by the general court, stating a system of gov- 
ernment. This much resembled that of Con- 
necticut (see) except in confining suffrage and 
eligibility to office to church members. The 
charter obtained by Connecticut, however, in 
1662 ignored the existence of New Haven, and 
its plantations became towns of Connecticut, 
except Southold which passed to New York. 



The general assembly of Connecticut sat 
twice a year until 1818. From 1701 to 1818, 
one of these sessions was held at New Haven 
and one at Hartford. The constitution of 1818 
made the sessions annual, and provided that 
they should alternate between the two cities. 
In 1875 Hartford was made the sole capital. 

The City.— In 1784 the central portion of 
New Haven was incorporated as a city and 
made a free port for seven years. Originally 
the mayor was elected to hold office during 
the pleasure of the general assembly, and the 
general power of management was in a court 
of common council consisting of two branches, 
the aldermen and the common council. To- 
wards the close of the nineteenth century this 
body was reduced to a single board of aldermen. 
Its executive functions had previously been 
largely reduced by the creation of various 
boards of police commissioners, public works, 
etc. The mayor has extensive powers of ap- 
pointment and removal. Up to 1857 any by- 
law passed by the court of common council 
might be sent on a referendum to a city meet- 
ing, for approval or rejection. 

The city limits were extended so as to cover 
the whole town in 1895 but, as the constitu- 
tion puts the admission of electors under the 
direction of the selectmen and town clerk in 
each town, it has been necessary to provide 
for the continuance of those offices and conse- 
quently of the corporate existence of the town. 
The population of the city when incorporated 
was a little over 3,000 and there were about 
half as many in the rest of the town. The 
town numbered about 7,000 in 1810; 133,605 
in 1910. References: E. E. Atwater, Hist, of 
the Colony of New Haven (1881), Hist, of 
the City of New Haven ( 1887 ) ; C. H. Lev- 
ermore, The Republic of New Haven (1886). 
Simeon E. Baldwin. 



NEW JERSEY 



Early History. — The earliest European set- 
tlements in New' Jersey were made by the 
Swedes and the Dutch in the northeastern part, 
and by the Swedes along the Delaware. In 
1655 Peter Stuyvesant, director general of 
New Netherland, set up the Dutch authority 
over the Jersey region, and for nine years it 
was entirely controlled by the Dutch. In 1664, 
however, Charles II of England, disregarding 
the Dutch claim, gave the whole of New Neth- 
erland and the Jersey district to his brother, 
James, Duke of York, who later became James 
II. James immediately gave the district ly- 
ing between the harbor of New York and the 
Delaware Bay to his friends, Lord Berkeley 
and Sir George Carteret and in honor of Car- 
teret's recent gallant defense of the Island of 
Jersey in the English Channel the name New 
Jersey was given to the new province. In 



order to attract settlers, the new proprietors 
of New Jersey drew up and circulated a docu- 
ment known as the "Concessions," in which 
they promised religious liberty and a liberal 
government to all who would settle in their 
province. In the "Concessions" they promised 
that the colonists should be ruled by a govern- 
or to be commissioned by the proprietors, a 
council to be chosen by the governor, and an 
assembly to be chosen annually by the "free- 
men." Rebellions and discontent marked the 
history of New Jersey from the very first, and 
Lord Berkeley was soon glad to sell his share 
of the rebellious colony to two Quakers, John 
Fenwick and Edward Byllynge (1673-4). Very 
soon these two idealists were deep in disputes 
over the land titles of New Jersey, and the 
great Quaker, William Penn, was called to 
arbitrate the matter, Penn awarded nine- 



530 



NEW JERSEY 



tenths of the district concerned to Byllynge, 
and one-tenth to Fenwick. But the Byllynge 
nine-tenths was soon so deeply involved that 
(Feb. 10, 1674-75) it was handed over in trust 
to William Penn and two associates, to be dis- 
posed of for the benefit of Byllynge's creditors. 
Soon the one-tenth which Penn had assigned to 
Fenwick also came under the control of Penn 
and his two Quaker associates, and they then 
opened negotiations with Carteret which ended 
(July 1, 1676) in the conclusion of a deed 
defining the interests of Sir George Carteret, 
William Penn and his two associates, and Ed- 
ward Byllynge. A line was established, ex- 




BOUNDAIUES OF THE STATE OF NEW JERSEY 

tending from Little Egg Harbor to 41° 40' 
north latitude and to the Delaware River. The 
land southwest of this line was confirmed to 
Penn and his associates, becoming known as 
West Jersey. The rest, under the name East 
Jersey, was awarded to Carteret; 'but in 1682 
this also passed into the control of Penn and 
eleven associates. The twelve proprietors, now 
possessing the entire regions of East and West 
Jersey, at once associated with themselves 
twelve new proprietors, and on November 23, 
1683, King Charles II. recognized them as the 
lawful proprietors of New Jersey. 

In 1702 the proprietors surrendered the prov- 
ince into the hands of Queen Anne under whose 
direction the inhabitants of the Jerseys were 
subjected to the despotic rule of Sir Edward 
Hyde (Lord Cornbury), then governor of the 
province of New York. Until 1738 the Jerseys 
remained in a condition of semi-dependence on 
New York, retaining their separate legislature, 
but having the same governor as New York. 
In 1738, however, New Jersey was made a 
separate colony. 



When the Revolution began, the provincial 
congress of New Jersey, acting upon the recom- 
mendation of Congress, on July 2, 1776, passed 
"a set of charter rights and the form of a 
constitution," now known as the constitution 
of 1776; and, December 18, 1787, the state 
unanimously adopted the Federal Constitution. 

The First Constitution.— The constitution of 
1776 vested the government of the state in a 
governor, annually chosen by joint ballot of 
tne council and the assembly, with power to 
act as president of the council and having a 
casting A T ote; a legislative council, composed 
of one member from each county, annually 
chosen by the qualified voters of the county; 
and a General Assembly, composed of three 
members from each county, annually chosen 
by the qualified voters of the county. 

The clause of the constitution regulating 
the suffrage is interesting, as it gave to the 
women of New Jersey the right to vote, a priv- 
ilege which they actually exercised under this 
constitution. The clause making this possible 
reads as follows: 

IV. That all inhabitants of this Colony, of full 
age, who are worth fifty pounds proclamation 
money, clear estate in the same, and have resided 
within the County in which they claim a vote for 
twelve months immediately preceding the election, 
shall be entitled to vote for Representatives in 
Council and Assembly ; and also for all other pub- 
lic officers, that shall be elected by the people 
of the County at large. 

The constitution of 1776 remained operative 
until 1844 when the present constitution was 
adopted. 

Present Constitution. — The present constitu- 
tion of the state was ratified by a vote of the 
people on August 13, 1844, and its suffrage 
clause (Article II) was so worded as to put 
an end to woman's suffrage which had been 
permitted under the constitution of 1776. The 
suffrage clause of the constitution of 1844 orig- 
inally established manhood suffrage for white 
males. It, however, added a proviso definitely 
excluding from the suffrage certain classes, 
such as soldiers and sailors garrisoned within 
the state, paupers, idiots, insane, convicted 
criminals, etc., and securing the suffrage to 
New Jersey citizens absent on military service 
for the state or the nation. The suffrage clause 
stood thus until September 7, 1875, when, re- 
luctant assent having been given to the Fif- 
teenth Amendment, it became necessary to omit 
the word white. 

The anti-race-track conflict of 1891-1897 
caused the people to make a second amendment 
to the state constitution (1897) forbidding 
the legalizing of lotteries or other forms of 
gambling. This amendment was ratified on 
September 28, 1897. 

Legislature. — The constitution of 1844 pro- 
vided for the division of the powers of govern- 
ment into three distinct departments — the leg- 
islative, executive, and judicial. The legisla- 
tive branch of the government is composed of 
a senate and a general assembly. The senate 



531 



NEW JERSEY 



consists of one senator from each of the twen- 
ty-one counties in the state. Senators serve 
for three years, and thus about one-third of 
the second chamber is renewed each year. The 
general assembly is composed of representa- 
tives apportioned among the counties in pro- 
portion to population. Each county, however, 
whatever its population, is entitled to at least 
one representative and the total number of 
representatives is limited to sixty. Twenty- 
one years is the minimum age of an assembly- 
man, and he must have been, a citizen and 
resident of the state two years, and of the 
county one year immediately preceding his 
election; the term of office is limited to one 
year. 

Executive. — The chief executive, called the 
governor, is elected for a single term of three 
years, and the constitution expressly declares 
that in case he "shall accept any office under 
the United States or this State, his office of 
governor shall thereupon be vacant." He may 
not succeed himself as governor but may be 
reelected after a full term has intervened. No 
one may serve as governor who has not at- 
tained the age of thirty years, been a citizen 
of the United States for at least twenty years, 
and of the state for at least seven years im- 
mediately preceding his election. The power 
of appointment of the New Jersey governor 
is great. Secretary of state; attorney -general ; 
superintendent of public instruction; chancel- 
lor; chief justice; supreme court, circuit, infe- 
rior and district court judges; and judges of 
the court of errors and appeals are all subject 
to his appointment, by and with the advice and 
consent of the senate. These, with the minor 
officials who are generally appointees of the 
governors in our states, give the governor a 
vast amount of patronage and add greatly to 
his power. 

Judiciary. — The courts have retained, per- 
haps more than those of any other state, the 
scheme of the English courts, from which our 
system was derived. Even the division into 
courts of law and courts of equity has been 
maintained. The court of chancery still stands 
as of equal dignity with the supreme court. 
At the pinnacle of the system stands the court 
of errors and appeals, consisting of the chancel- 
lor, the justices of the supreme court, and six 
judges, or a major part of them, which judges 
are appointed for six years. It enjoys appel- 
late jurisdiction in all cases. 

The other courts may be conveniently classi- 
fied as follows: 

I. Courts of Law. 

(1) Supreme Court (civil jurisdiction). 

(2) Circuit Court (civil jurisdiction). 

(3) Common Pleas (civil jurisdiction). 

(4) Quarter Sessions and Oyer and Terminer 
(criminal jurisdiction). 

(5) District Courts (civil jurisdiction). 

(6) Justice of Peace (with a very limited 
criminal jurisdiction). 



II. Court of Equity. 

(1) Chancery (equity jurisdiction). 

III. Courts developed from the old ecclesi- 
astical courts. 

(1) Prerogative Court (appellate and orig- 
inal jurisdiction) . 

(2) Orphan's Court (probate jurisdiction). 

(3) Surrogate (probate jurisdiction). 

The judges of these various courts are ap- 
pointed by the governor, with consent of the 
senate, for a term of five to seven years. The 
justices of the peace, however, are elected by 
the voters of the district. The governor, the 
chancellor, and six "lay" judges of the court 
of errors and appeals constitute the court of 
pardons. A majority (provided it contains the 
governor) may grant pardons, commute sen- 
tences, remit fines, allow convicts to remain 
at large, etc. The laws of New Jersey have 
never been reduced to a code. 

Local Government. — The local subdivisions of 
the state are counties, cities, townships, towns, 
and boroughs. Towns are administered 
through a council, clerk, collector, assessor, 
treasurer, etc., chosen by popular vote. The 
township is managed by an annual town meet- 
ing which elects administrative officers. But 
any township with over 5,000 inhabitants may 
be incorporated as a town with a mayor and 
council. 

Party Affiliations.— In national political affil- 
iations New Jersey has had a varied history. 
From 1789 to 1800 inclusive the Federalists 
were in control, and from 1804 to 1808 inclu- 
sive the Jeffersonian Republicans were in 
control! In 1812 the Federalists by a shrewd 
political trick succeeded in choosing the presi- 
dential electors. From 1816 to 1824 New Jer- 
sey, like nearly all of the other states, was 
Republican and in 1828 cast her electoral vote 
for John Quincy Adams. From that time to 
1852 the state was Whig in national elections 
except in 1832. In 1852 and 1856 it was again 
Democratic and in 1860 divided its votes be- 
tween Lincoln and Douglas, giving the former 
four and the latter three votes. Beginning 
with 1864 the state was Democratic until 1896 
with the exception of 1872 when it was Repub- 
lican. From 1896 up to 1912 the state had 
been Republican; but in 1912 gave its fourteen 
votes to the Democratic candidate. In the 
elections to state offices the Republicans were 
on the whole successful from 1895 until the 
election of 1910 when Woodrow Wilson was 
given a Democratic plurality of 49,000. 

Recent Important Legislation. — During Gov- 
ernor Wilson's administration a number of 
very important bills were passed. Of these the 
most important are : ( 1 ) the Geran Bill for 
regulating elections; (2) the Employers' Lia- 
bility Act or Workman's Compensation Law; 
(3) the Corrupt Practices Act (4) the Public 
Utilities Bill which gave to the commissioners 
of public utilities rate-making power and made 
the directors of corporations liable to impris- 



532 



NEW MEXICO 



eminent in cases of violation of regulations. 
The law expressly provided that no increase of 
rates shall take effect until the Public Utilities 
Commission has determined that they are rea- 
sonable and just; (5) The Walsh Commission 
Act which provides that any city or town in 
the state may adopt the commission form of 
government on a vote of thirty per cent of 
those who vote at the last previous election. 
The bill also provides for the institution of 
the initiative, referendum and recall. 



J. W. Barker and II. Howe, Historical Collec- 
tions of the State of New Jersey (1847). 

Kobebt McXtjtt McElroy. 

NEW MEXICO. The present state of New 
Mexico is a part of that vast territory to which 
that name was given by Spain in 1551, and 
which continued under Spanish or Mexican 
rule until ceded to the United States by the 
treaties of 1848 and 1853 with Mexico (see 
Annexations to United States). The Span- 




BOUNDARIES OF THE TEEEITOEY AND STATE OF NEW MEXICO, SHOWING TEREITORIAL CHANGES 



Population. — In 1790 the population of New 
Jersey was 184,139; in 1850, 489,555; in 1900, 
1,833,699; in 1910, 2,537,167. 

See Constitutions, State, Characteris- 
tics of; State Executive; State Govern- 
ments, Characteristics of; State Govern- 
ments during the Revolution; State Ju- 
diciary; State Legislature. 

References: F. B. Lee, New Jersey as a Col- 
ony and as a State (1902) ; T. F. Fitzgerald, 
Legislative Manual of New Jersey (published 
annually by authority of the Legislature) ; 
W. M. Clevenger, and E. Q. Keasbey, The 
Courts of New Jersey: their Origin, Composi- 
tion, and Jurisdiction (1903) ; F. N. Thorpe, 
Federal and State Constitutions ( 1909 ) , V, 
2533-2614; J. O. Raum, The Hist, of New Jer- 
sey (1877); E. B. O'Callaghan, Hist, of New 
Netherlands (1846), of great value for the 
period of Dutch control; E. P. Tanner, The 
Province of New Jersey (1908), covers the 
period from 1664 to 1738; W. Nelson, The 
New Jersey Coast in Three Centuries (1902) ; 



ish influence upon its government has, however, 
been slight in the American period. It was 
given territorial organization in 1851 and ad- 
mitted as a state in 1912 under the Enabling 
Act of 1910. The population increased from 
195,310 in 1900 to 327,301 in 1910. The area 
is 172,580 square miles. 

The constitution of New Mexico, framed in 
1911, and approved by popular vote, creates 
a government with legislation, executive, and 
judicial departments, and provides for a state 
referendum [see) but not for the initiative 
(see). Petitions for a referendum must be 
signed by not less than 10 per cent of the elec- 
tors in each of three-fourths of the counties, 
and in the aggregate at least 10 per cent of the 
total of electors in the state. The senate con- 
sists of 24 members elected for four years; the 
house of representatives, of 49 members elected 
for two years. Senators and representatives 
are paid five dollars a day with mileage. 

The executive department consists of the 
governor, lieutenant-governor, and six adminis- 



533 



NEW NATIONALISM— NEW NETHERLAND 



trative officers, elected for four years, exercis- 
ing the usual powers, and ineligible, except 
the superintendent of public instruction and 
the commissioner of public lands, to succeed 
themselves. 

The judicial power is vested in a supreme 
court of three justices, elected for eight years, 
receiving $6,000 salary; eight district courts, 
each with one judge elected for six years; a 
probate court in each county; and justices of 
the peace, police magistrates, and constables 
for the localities. 

The franchise is confined to males citizens 
resident in the state one year, except that 
women may vote in school elections unless such 
privilege is suspended in any district by peti- 
tion of a majority of the qualified electors. 
In certain county and municipal elections to 
decide questions relating to the creation of a 
debt, only electors who have paid a property 
tax within the preceding year may vote. Strict 
provisions are made against interference with 
the franchise or political rights of citizens "on 
account of religion ... or inability to 
speak, read, or write the English or Spanish 
languages." 

The taxing power of the state extends to 
practically every form of taxation, but the rate 
on all subjects of taxation must be uniform. 
A state board of equalization determines the 
valuation of the properties of transportation 
and transmission companies. A state corpora- 
tion commission of three members has compre- 
hensive powers over granting charters of in- 
corporation, and over the regulation, rates, and 
services of transportation and transmission 
companies operating within the state. 

The usual county officers are provided in the 
counties, with terms of four years and ineligi- 
bility, except for the probate judge and the 
county clerk, to succeed themselves. All receive 
salaries and no fees. 

A free public school system is provided for 
and placed under the direction of the state 
board of education consisting of the governor, 
superintendent, and five appointed members. 
Sections 2, 16, 32, and 36 are set aside to 
provide a public school fund. A minimum 
school term of five months, and compulsory at- 
tendance are prescribed. Discrimination 
against children of Spanish descent and their 
classification in separate schools are expressly 
forbidden. The state maintains seven higher 
educational institutions, and six other public 
institutions, each with its separate board of 
regents of five members, appointed for four 
years. 

For the first twenty years of the new state, 
all laws passed shall be printed in both Eng- 
lish and Spanish, and thereafter as the legis- 
lature shall direct. 

As a territory, New Mexico was more or less 
exploited both politically and economically by 
men trained in the Pennsylvania system, and 
the Republicans usually elected territorial of 



ficers including the delegate in Congress. The 
first governor elected under the constitution 
was a Democrat who won by a plurality of 
2,819, along with a majority of the Democratic 
state ticket and one of the two representatives 
in Congress, thus giving New Mexico its first 
Democratic representative at Washington 
since 1904. In 1912 the Democrats carried the 
state in both the presidential and gubernatorial 
elections. 

See Constitutions, State, Characteristics 
of; Constitutions, State, Limitations in; 
State Governments, Characteristics of. 

References: F. N. Thorpe, Federal and State 
Constitutions (1909), V, 2615-2622; H. H. 
Bancroft, Hist, of Arizona and New Mexico," 
being Vol. XVII of his Works (1889); Con- 
stitution of New Mexico, 1911. 

Kendric C. Babcock. 

NEW NATIONALISM. A platform of po- 
litical principles expounded by Theodore Roose- 
velt (see) first in a speech at Ossawatomie, 
Kansas, August 31, 1910, and later, 1911, ex- 
plained at length in a series of articles in the 
Outlook. A doctrine of extreme nationalistic 
interpretation of the Constitution was expound- 
ed which would limit state legislation strictly 
to local issues; remove "the impotence which 
springs from the over division of government 
powers"; eliminate the "twilight zone," i. c, 
the field in which jurisdiction is denied both 
state and national government and "which 
serves as a refuge for lawbreakers"; permit the 
general government to act in all cases where 
the general good demands it, especially in the 
interest of human rights in contradistinction 
to property rights; and regard the "executive 
power as the steward of the public welfare." 
The platform consisted of seventeen planks. 
Seven referred to corporations. Effective pub- 
licity of corporate affairs, government supervi- 
sion of the capitalization of all corporations 
doing an interstate business, federal supervi- 
sion of trusts controlling necessities of life, 
were among the demands. An expert tariff 
commission, graduated income and inheritance 
taxes, and a scientific revision of the currency 
system, were the financial measures advocated. 
A sufficient army and navy should be main- 
tained to demand international respect. Na- 
tional resources should be conserved and the 
interests of agricultural life should be ad- 
vanced. The terms and conditions of labor 
should be regulated in the interest of the pub- 
lic, mob violence should be suppressed, and all 
neutral grounds between the jurisdiction of 
the state and the nation should be eliminated. 
And finally the direct primary should be gen- 
erally established with a corrupt practices act 
and the recall for elective officers. See Pro- 
gressive Party. O. C. H. 



NEW NETHERLAND. The Dutch colony of 
New Netherland was a proprietary possession 



534 



NEW -ROOF— XEW YORK 



of the Dutch West India Company to which by 
a charter, granted in 1621 by the states gen- 
eral of the Netherlands, control and govern- 
ment of the colony were given, subject to a 
limited oversight by the states general. The 
company consisted of five chambers of which 
the Amsterdam chamber, the most important, 
assumed the immediate management of the 
colony. The general control of the company 
was vested in the council of nineteen, eighteen 
of whom were elected by the five chambers and 
one by the states general. Ultimate control, 
especially in political affairs, was vested in the 
states general by which the director of the 
colony, appointed by the company, was commis- 
sioned and to which all officers took an oath of 
allegiance. The director, assisted by a small 
council which he controlled, virtually exercised 
absolute authority in the colony. He was 
generally supported by the company in his 
denial to the people of any real share in the 
government. Subordinate to the director were 
the other officers of the colony. The law in 
force in the colony was first, the resolutions 
of the West India Company, failing these, 
Roman law, the imperial statutes of Charles 
V, and the laws and customs of the Nether- 
lands. The company in 1629, by a "charter of 
Freedoms and Exemptions" established a sys- 
tem of large feudal jurisdictions, called pa- 
troonships. The Dutch Reformed Church was 
the established church but freedom of con- 
science was allowed and religious persecution 
was almost unknown. In 1753 the City of New 
Amsterdam was chartered (see New York 
City). Limited rights of self-government 
were allowed to the towns. The colony was 
captured by the English in 1664. See New 
Yoek. References: H. L. Osgood, The Am. 
Colonies in the 11th Century U904), II, 95- 
118; C. Z. Lincoln, Constitutional Hist, of 
Xew York; (1906), J. R. Broadhead, Hist, of 
State of Xew York (1855-1871). M. S. B. 

NEW ROOF. A nickname of the Constitu- 
tion of the United States applied to it about 
the time of its adoption. 0. C. Ff. 

NEW SWEDEN. New Sweden was the name 
given to the territory on the Delaware settled 



by the Swedes in 1638. The projector of this 
movement was William Usselinx who laid a 
plan before Gustavus Adolphus for a commer- 
cial company, similar to the Dutch West India 
Company. He urged the advantages of trade 
and commerce and the enlargement of the em- 
pire. A charter of privileges was signed by the 
King, June 6, 1626, establishing a trading com- 
pany with power to make settlements. The 
project advanced slowly however, and it was 
not until 1638 that an expedition of about fifty 
colonists finally set out under Peter Minuit. 
They settled on the Delaware, purchased of the 
Indians lands claimed by the Dutch, built a 
fort near the present site of Wilmington and 
called it Christina. Between 1638 and 1656, 
twelve expeditions were dispatched to New Swe- 
den, but the colony remained a feeble one. The 
governors were given extensive powers in jusr 
tice and government, but there was really lit- 
tle need of laws and taxation for these few 
people living a simple frontier life. The 
Swedes were at a great disadvantage by being 
thrown into contact with the more populous 
Dutch and English colonies, who claimed their 
land and interfered with their development. In 
1655, the Dutch seized their settlements, and 
forts with little or no opposition. Though the 
hopes of Sweden were not realized in the de- 
velopment of her empire or in the enlargement 
of her trade and commerce, yet these industri- 
ous, religious, and honest people played their 
part well in establishing the beginnings of the 
civilization later carried out by Penn and his 
followers in Pennsylvania, Delaware, and New 
Jersey. See Delaware: Pennsylvania.. Ref- 
erences: A. Johnson, Swedish Settlements on 
the Delaware, 1638-1664 (1911); J. Winsor, 
(1884), IV, 443-502; E. Channing, Hist, of 
the U. S., II (1908). M. W. J. 

NEW TENOR BILLS. This term was ap- 
plied to certain emissions of paper money, 
in Massachusetts during the colonial period, 
issued to take up older emissions which had 
greatly depreciated in value. The older issues 
which circulated for a time along with the new 
issues were known as "old tenor" and "middle 
tenor" bills. See Paper Money in the United 
States. D. R. D. 



NEW YORK 



New Netherland. — The settlement of New 
Netherland {see) followed the discovery of the 
Hudson river by Henry Hudson in 1609 and 
the immediately subsequent voyages of Dutch 
traders. A charter was given to the United 
New Netherland Company in 1614, granting 
exclusive trade rights in the newly discovered 
regions. This charter expired in 1618 and 
the control and government of the entire region 



was vested in a new corporation chartered in 
1621, the Dutch West India Company, which 
governed New Netherland until its capture by 
the English in 1664, Little Dutch influence 
can be traced in the development of the provin- 
cial institutions of the English colony of New 
York. Local institutions and still mors social 
customs retained a larger admixture of Dutev. 
elements. 



535 



NEW YORK 



The Province of New York. — Charles II gave 
the colony to his brother James, Duke of York, 
as a proprietary province by the patent of 
March 12, 1664. The Duke of York as pro- 
prietor was granted free powers of government 
provided, "that the laws and government be 
not contrary to but as nearly as possible in 
accordance with those of England." The right 
of appeal to the Crown was reserved. The ac- 
cession of James to the throne of England in 
1 685 transformed the colony of New York from 
a proprietary (see Proprietary Colony) into 
a royal province. In 1683, Governor Dongan 
called the first legislative assembly of New 



ary government was taken over by provincial 
congresses, the first of which was called by a 
committee of citizens and each succeeding con- 
gress by the one preceding. The fourth provin- 
cial congress was elected for the express pur- 
pose of deciding what action New York would 
take in answer to the resolution of the conti- 
nental congress (see) of May 10, 1776, ad- 
vising the colonies to frame suitable govern- 
ments for themselves. This congress met at 
White Plains, July 8, 1776, and on the 9th, 
ratified the Declaration of Independence (see). 
The next day a resolution was adopted chan- 
ging the name of the body from "Provincial 




Boundaries of the State op New York, Showing Territorial Changes 



York. Its acts were subject to the governor's 
veto and to the proprietor's disallowance. This 
assembly, after meeting for two sessions was 
dissolved in 1685. A second assembly, elected 
in the same year, had a brief existence, being 
dissolved in 1687. After the Revolution of 
1688 William III restored the general assem- 
bly, and thereafter the government of the prov- 
ince was vested, under the Crown, in governor, 
council and assembly. Royal commissions and 
instructions constituted the fundamental law. 
English common law was adopted as the com- 
mon law of New York and the church of Eng- 
land was the established church. 

New York in the Revolution.— The last pro- 
vincial assembly expired by time limitation 
on April 17, 1776, and the work of revolution- 



Congress" to "Convention of the Representa- 
tives of the State of New York." This body 
assumed the work of governing the portions of 
the state not under British control and, in 
addition, the functions of a constitutional con- 
vention (see), adopting on the 20th of April, 
1777, the first constitution of the state of New 
York. This constitution remained the funda- 
mental law of the state, with the addition of 
five amendments in 1801, until 1821. Its note- 
worthy features were: a council of revision, 
consisting of governor, chancellor, and judges 
of the supreme court, which possessed the veto 
power; a council of appointment, consisting of 
four senators elected by the assembly, with the 
governor as president, by which nearly all 
state officers and judges were appointed; and a 



536 



NEW YORK 



court of impeachment and errors, composed of 
the entire senate with the chancellor and su- 
preme court judges present as advisory but 
not as voting members. New York adopted 
the Articles of Confederation (see) February 
6, 1778, and was the eleventh state to ratify 
the Federal Constitution, July 26, 1788. 

Constitutions of 1821 and 1846.— The Consti- 
tution of 1821 was framed by a constitutional 
convention and, the first constitution of New 
York to require popular ratification, was adopt- 
ed by the electors. The franchise was broad- 
ened, the council of revision was abolished and 
the veto power was vested in the governor. 
The council of appointment disappeared and 
its powers were given to the governor, senate 
and legislature. The constitution of 1777 con- 
tained no provision for its own amendment. 
That of 1821 gave to the legislature by action 
in two successive legislatures the right to ini- 
tiate amendments and required ratification by 
popular vote. The most important amend- 
ments adopted between 1821 and 1846 were 
that of 1826 establishing white manhood suf- 
frage and that of 1845 abrogating all property 
qualifications for office-holding. This demo- 
cratization of the state government was car- 
ried still farther in the constitution of 1846. 
All important offices, including the judicial, 
were made elective; the tenure of office of the 
highest judges was reduced to eight years; the 
ancient court of chancery was abolished; and 
a court of appeals was created. Largely as a 
result of the famous rent war all feudal ten- 
ures were abolished and allodial tenure of all 
land was decreed. Constitutional limitations 
were imposed upon the powers of the legisla- 
ture in financial matters, in special legislation 
and in chartering corporations. The people 
once every twenty years, were allowed to de- 
cide whether a convention to revise the con- 
stitution should be elected. From 1846 to 
1894 there was no general revision of the con- 
stitution, although one was rejected in 1867 
and many amendments were adopted. 
. Constitution of 1894. Legislature. — The 
present constitution of New York was framed 
in 1894 and ratified by popular vote. The 
legislature possesses all the legislative and cor- 
porate powers of the state which have not been 
withdrawn by positive provisions of the state 
constitution. It consists of a senate of fifty- 
one members, elected for two years and an as- 
sembly of one hundred and fifty, elected for 
one year by the voters in single districts, ap- 
portioned each decennial approximately in pro- 
portion to population. A senate district may 
include more than one county or may be a 
part of one county but cannot include parts of 
two or more counties. Up-state fear of the 
domination by New York City is evidenced by 
the provision that no one county shall have 
more than one-third nor any two adjoining 
counties more than one-half of the entire num- 
ber of senators, however large their population. 



New York and Kings counties which are en- 
tirely included within the city of New York 
have about one-half of the entire population of 
the state but return, under the present ap- 
portionment, only about two-fifths of the 
members of the senate. Certain officers are in- 
eligible for election to the legislature and mem- 
bers cannot be chosen to any office by the 
governor, governor and senate, legislature, or 
any city government during the period for 
which they have been elected. Each member 
receives a salary of $1500 and is allowed mile- 
age. Each house organizes itself and judges 
of the qualifications and election of its own 
members and adopts with certain constitutional 
exceptions its own rules of procedure. The 
lieutenant-governor is the regular presiding 
officer of the senate, with a casting vote only. 
A president pro tempore is elected by the sen- 
ate. The speaker of the assembly is the recog- 
nized leader of the majority party of that 
house. The standing committee system (see) 
is in full vogue in both houses, members being 
appointed by the president pro tempore in the 
senate and by the speaker in the assembly. 
The legislature meets regularly on the first 
Wednesday of January. Special sessions may 
be called by the governor at which only the 
business recommended by him can be transact- 
ed. A majority constitutes a quorum in each 
house for ordinary legislation. 

The passage of financial measures requires 
the presence of three-fifths of all the members 
elected to each house. Bills may originate in 
either house and no bill can become a law 
without the assent of a majority of the mem- 
bers elected to each house. The assent of two- 
thirds of all the members of each house is 
required to pass bills voting money or prop- 
erty for private or local uses. To insure the 
publicity of proposed legislation and to prevent 
"railroading," each bill must have been printed 
and distributed to members at least three legis- 
lative days before its final passage and no 
amendment is allowed on the last reading. 
The governor can dispense with the three days 
rule by certifying to the necessity for immedi- 
ate passage of the measure. All bills are sub- 
ject to the governor's veto which can be over- 
ridden by a two-thirds vote of both branches 
of the legislature. 

Two valuable practical reforms of recent 
years tend to prevent bad even if they do not 
assure wise legislation, viz.: the governor's 
power to veto items of appropriation bills and 
the constitutional enactment allowing him 
thirty days after the final adjournment of the 
legislature for the consideration of bills await- 
ing his action. Full responsibility for bad 
legislation is thus placed squarely upon the 
governor. Moreover the probability that he will 
veto bad measures and unnecessary or vicious 
items of appropriation bills deters the legisla- 
ture from passing many bills which could not 
endure the light of publicity and investigation. 



537 



NEW YORK 



Numerous restrictions are placed upon the 
power of the legislature to pass local or pri- 
vate bills, a class of measures whose considera- 
tion and passage engross the time of members 
and furnish the most prolific source of log- 
rolling (see) and the most frequent opportuni- 
ties for dishonest gains. A high degree of 
legislative centralization characterizes the gov- 
ernment of New York, for so slight are the 
legislative pow T ers allowed to local councils or 
boards that the state legislature is practically 
also the local legislative body for each county, 
city, town and village. 

Executive. — In striking contrast to this leg- 
islative centralization stands a double execu- 
tive decentralization. The governor is only one, 
although the most important of a number of 
principal state officers, each of whom is elected 
by the people and conducts his department at 
his own discretion, subject only . to *€?moval 
for misconduct or malversation in office. More- 
over nearly all local executive or administra- 
tive officers are elected or locally appointed, 
and while agents of the state for the local ad- 
ministration of state law, are not responsible 
to Albany, save that certain officers are re- 
movable by the governor for cause shown. The 
governor, who must be thirty years of age, a 
citizen and a resident of the state for the pre- 
ceding five years, is elected biennially and 
receives a salary of $10,000 and an official resi- 
dence. In case of vacancy in the office of gov- 
ernor, the lieutenant-governor, president of the 
senate and speaker of the assembly succeed 
to the office in the order named. The custom- 
ary powers of a state executive are vested in 
the governor. His power of appointment, usu- 
ally with the advice and consent of the senate, 
is larger than that of many American govern- 
ors, while his power of removal is very small 
save for misconduct in office. Governors have 
strongly urged the adoption of a constitutional 
amendment vesting in the governor the power 
of appointing the principal officers of state, 
claiming that greater administrative efficiency 
would result and that not otherwise can the 
executive fulfil the constitutional requirement 
that he "shall take care that the laws are 
faithfully executed." Growing popular confi- 
dence in the executive at the expense of the 
legislature, a marked contemporary tendency 
throughout the United States, is particularly 
manifest in New York (see Centralization, 
Geowth of, in United States ) . The gov- 
ernor is regarded as representative of the 
whole state and a better exponent and pro- 
tector of its interests than the legislature. 
Through messages and public speeches he is 
able to instruct and formulate public opinion 
upon pending legislation and thus exert in- 
fluence upon the legislature (see Governor). 

Judiciary. — The highest court of the state is 
the court of appeals, consisting of a chief jus- 
tice and six associate justices, elected on a 
general ticket, for terms of fourteen years. 



The governor, upon the request of the court, 
may designate no more than four supreme 
court justices as additional members. Five 
justices constitute a quorum, the concurrence 
of four is necessary for a decision and not more 
than seven may sit .in any case. The court 
has appellate jurisdiction only, and is limited 
to questions of law save in capital cases. The 
chief justice receives a salary of $14,200, and 
the associates $13,700. There is an appellate 
division of the supreme court in each of the 
four judicial departments of the state, consist- 
ing of five or seven justices of the supreme 
court designated for such service for terms of 
five years by the governor. The supreme court 
has highest original jurisdiction in law and 
equity in both civil and criminal cases. Nine- 
ty-seven judges are elected in the nine judicial 
districts of the state for terms of fourteen 
years. Unforeseen vacancies are filled until 
the next general election by the governor with 
the advice and consent of the senate. Salaries 
vary in the different districts, ranging from 
$7,200 to $17,500. County judges, normally 
one for each county, are elected for terms of six 
years. In counties of less than 40,000 inhabi- 
tants, the county judge is also surrogate. Lar- 
ger counties have a surrogate elected for six 
years, while New York county has two with 
fourteen year terms. The age limit for all 
judges is seventy years. Justices of the peace 
elected by town meetings for four years ex- 
ercise petty civil and criminal jurisdiction, 
assisted in certain cases by a justice's jury of 
six men. Cities have a special organization 
of local courts differing according to popula- 
tion and local conditions. 

Removal from Office. — Judges or other state 
officers may be impeached by the assembly and 
tried by the senate and judges of the court 
of appeals sitting together as a court. Judicial 
officers, according to their rank, may also be 
removed by a two-thirds vote of both houses 
of the legislature, by a two-thirds vote of the 
senate upon recommendation by the governor 
and by a suit at law in the proper court. 

Elections. — Every male citizen, twenty-one 
years of age, who has been a citizen for ninety 
days, an inhabitant of the state for one year, 
a resident of the county for four months and 
of the election district for thirty days is en- 
titled to vote for all officers. Registration of 
voters prior to election is required and elec- 
tion returns are canvassed by bipartisan elec- 
tion boards. A long and vigorous campaign 
for direct primary elections has resulted in 
the enactment (1911) of a direct-nomination 
law, which, although containing some features 
favorable to party bosses, adopts the principle 
of the direct primary (see Primary, Direct) 
and applies it to the nomination of candidates 
for local public office and to the election of 
officers of party organizations. 

Education. — The educational activities of the 
state are controlled by the University of the 



538 



NEW YORK CITY 



State of New Ycrk, an administrative and 
examining! body, whose governing council is a 
board of regents, elected by the legislature, 
and whose executive officer is a commissioner 
of education, chosen by the regents. The 
regents can grant and revoke charters of edu- 
cational institutions, establish standards for 
professional education, supervise the educa- 
tional work in normal, secondary and primary 
schools and conduct examinations. Urban dis- 
tricts have a large degree of autonomy in 
school administration. County communities 
are grouped into rural districts under a dis- 
trict superintendent of schools, locally appoint- 
ed, but subject to supervision and removal by 
the state commissioner (see Education; Uni- 
versities ) . 

Increased State Activity. — A remarkable gov- 
ernmental development of recent years has 
been the increase of state functions, partly 
at the expense of local control. State 
highway construction on an extensive scale 
has been undertaken; administrative super- 
vision of banks, trust companies and in- 
surance companies has been made more 
effective; canal reconstruction, at a cost 
of over $100,000,000, is under way; and most 
significant of all, two public service commis- 
sions were created in 1907, one for New York 
City and one for the remainder of the state, 
with extraordinary regulative, administrative 
and quasi-judicial power over common carriers, 
gas and electric corporations, and, in the 
second district (1910), over telegraph and tele- 
phone companies as well. 

Revenue. — The state derives its revenue 
largely from indirect taxation. Its principal 
sources of income are liquor license, corpora- 
tion franchise, inheritance, stock transfer, 
mortgage recording and secured debt record- 
ing taxes and a small direct tax. With the 
exception of this last tax the general property 
tax is reserved to the counties and local gov- 
ernments. 

Local Government. — Counties in New York 
are governed by boards of supervisors (see) 
elected in towns (see) and city wards and 
by county officers elected on a general ticket. 



The board of supervisors has a large degree of 
control of town as well as of county affairs and 
the supervisor is also the chief officer of the 
town government. The town is distinctly sub- 
ordinate to the county and is governed by a 
town meeting and by town officers, elected for 
two years. A village (see) is an incorporated 
urban community, too small for regular city 
organization, which remains a part of the town 
but has an autonomous government in local 
affairs under a village president and trustees. 

Parties. — New York is usually a doubtful 
and often, with its forty-five electoral votes, 
a pivotal, state in national politics. Large 
Democratic majorities in New York City un- 
der the leadership of Tammany Hall (see) 
are offset by corresponding up-state Republi- 
can majorities. Fear of Tammany domination 
in state affairs does much to keep the rural 
voter in the Republican ranks while violation 
of the principle of home rule respecting New 
York City, by the up-state Republican legisla- 
tor, is a valuable asset of the Democratic party 
in New York City. The Republican party 
controlled the state from 1895 to 1910, in- 
clusive; but in 1910 the Democratic party, 
obtained power both in the executive and legis- 
lative departments, which was further estab- 
lished in the election of 1912, but in 1913 a 
Republican assembly was elected. Third par- 
ties have occasionally played an influential 
part in state elections but none has retained 
an important position long. 

Area and Population. — New York has an 
area of 49,170 square miles. Its population, 
in 1790, was 340,120, in 1850, 3,097,394, and in 
1910, 9,113,279. 

See Constitutions, State, Characteris- 
tics of; State Executive; State Govern- 
ments, Characteristics of; State Judicia- 
ry; State Legislature. 

References: C. Z. Lincoln, Constitutional 
Hist, of New York ( 1906 ) ; De A. S. Alexan- 
der, A Political Hist, of the State of New 
York (1909); E. H. Roberts, New York 
(1887) ; T. Roosevelt, New York (1891) ; F. N. 
Thorpe, Federal and State Constitutions 
,( 1909 ) , V, 2623-2739. Marshall S. Brown. 



NEW YORK CITY 



Location, Area and Growth. — New York is 
by far the largest city of the American con- 
tinent and the second largest city of the world. 
Because of its location and area and the num- 
ber, character and distribution of its popula- 
tion, the city presents a unique and stupendous 
problem in American municipal government. 

New York is situated at the mouth of the 
Hudson River, upon a harbor offering facilities 
for shipping which are unrivalled upon the 
eastern coast. The connection of this harbor 
with Long Island Sound by the East River and 



83 



539 



with the Great Lakes by the Hudson River and 
Erie Canal, which was opened in 1825, as well 
as the opportunities which its shores offer for 
railroad terminals, has contributed largely to 
the growth of the city's commerce and industry. 
It covers an area of 287 square miles, includ- 
ing Manhattan Island and the small is- 
lands off its shore, 40 square miles of the 
mainland adjoining to the north, the entire 
western end of Long Island, including 175 
square miles, and Staten Island on the west 
side of the harbor, 48 square miles. 



NEW YORK CITY 




Boundaries of the City op New York, Showing Territorial Changes 



Until 1873 the city of New York was confined 
to Manhattan Island and the adjacent islands 
in the East River and New York Harbor. Ad- 
ditions northward in that year and in 1895 
brought in the territory which makes up the 
present Borough of the Bronx. In 1896 the 
act was passed which created the Greater City 
of New York, comprising the whole of the 
old city and county of New York, the whole of 
Brooklyn or Kings county, Staten Island or 
Richmond county, and Long Island City, the 
towns of Newtown and Flushing and part of 
the town of Hempstead, which became the new 
Queens county. The charter of the greater city 
took effect on January 1, 1898, and no exten- 
sions have been made since that date (1913). 
The city, therefore, comprises the whole of four 
counties, New York, Kings, Queens and Rich- 
mond and is divided for purposes of local gov- 
ernment into five boroughs, Manhattan, Bronx, 
Brooklyn, Queens and Richmond. 



Population. — The total population of New 
York City by the federal census of 1910 was 
4,766,883. Although one of the most striking 
features of the city is the extreme congestion 
of its population, the additions made to its 
territory when the greater city was formed 
brought in a large area of which the population 
remains today rural in character. Staten 
Island, with its 48 square miles of territory, 
contains a population of 85,969, or 1,791 to 
the square mile, while Manhattan, with only 
22 square miles of territory, has a population 
of 2,331,542, or 105,979 to the square mile. 
About three-fourths of the entire population of 
the city live in tenements. 

New York City contains more than half the 
inhabitants of the state. The population of 
the area now included within the city is more 
than 96 times its population in 1790, while 
that of the state is but 26 times and that of 
the United States only 23 times their popula- 



540 



NEW YORK CITY 



tion in 1790. The increase in population of 
the city during the decade 1900-1910 was 38.7 
per cent, compared with an increase of 25.4 in 
the state and 21 per cent in the United States. 

The increase in population of the area cov- 
ered by Greater New York is as follows: 1790, 
49,401; 1820, 152,056; 1850, 696,115; 188,0, 
1,911,698; 1910, 4,766,883. 

New York is distinctly a city with a white 
population and is comparatively free from the 
negro problem. But two per cent of its popu- 
lation are negroes or Asiatics. On the other 
hand, over 40 per cent of its inhabitants are 
foreign born and 78.6 per cent are either for- 
eign born or of foreign-born parentage. 

Of the 1,927,720 foreign born white inhabit- 
ants of New York, the countries that furnished 
over 100,000 were: Russia, 485,659; Italy, 
340,406; Germany, 279,233; Austria-Hungary, 
265,608; Ireland, 252,519; England, Scotland 
and Wales, 105,983. 

Banking, Commerce and Industry. — New York 
City is the clearing house of the United States, 
the center of * the banking interests and the 
money power. Commercially, it ranks far 
ahead of any other city of the country and it 
is by far the largest port of entry and of 
export trade. The imports for the year ended 
December 31, 1912, amounted to over $1,068,- 
162,387, and the exports both foreign and do- 
mestic to over $866,346,175. All of the largest 
railroad systems from the west have terminals 
in New York and most of the great trans- 
Atlantic lines converge there. The number of 
industrial establishments conducted under the 
factory system was, in 1909, 25,983, represent- 
ing a capitalization of $1,364,353,000 and em- 
ploying 97,453 salaried officers and clerks and 
554,002 wage-earners. 

Social Conditions. — Every condition of life, 
from the extravagance and luxury of great 
wealth to the extremes of poverty and in- 
dustrial dependence, is represented in the city. 
In physical well-being and morality, however, 
its inhabitants rank well with those of the 
other great cities of the world. Its schools, 
colleges, evening lectures, free libraries, muse- 
ums and public concerts offer good opportun- 
ities, well distributed, to all classes for 
intellectual development and both the city gov- 
ernment and its private citizens are generous 
of their wealth in providing for the physical 
and social welfare of the inhabitants. The cost 
of living is high for all classes and great temp- 
tations are offered for the extravagant use of 
leisure. 

Cost of Government. — The government of the 
city has been characterized in the past by ex- 
travagance, waste and corruption, largely as a 
result of which New York was saddled with 
a net funded debt, at the end of 1912, of 
$827,910,800. Its total assessed valuation of 
real property amounted at the same date, to 
$7,861,898,890, and the city is hard put to it 
within the constitutional debt limit of 10 per 



cent of the assessed valuation of the taxable 
real estate, to meet the needs for improvement, 
particularly the crying necessity for more sub- 
ways. To secure a larger borrowing capacity 
the assessment of real estate was raised in 
1903 to full valuation and by amendment to 
the constitution, ratified in 1809, certain debts 
for public improvements which yield current 
net revenue exceeding the interest and amorti- 
zation requirements, were withdrawn from the 
debt limit. To meet the interest on the debt 
and the current expenses for the support of 
the government the budget for 1913 called for 
the expenditure of $192,711,444. The tax rate 
is fixed at an amount varying from $1.83 in 
Manhattan and the Bronx to $1.92 in Rich- 
mond. 

History. — A trading post was established by 
by the Dutch on Manhattan Island in 1613, 
but the first real colonization took place in 
1623. The colony on Manhattan Island was 
known as New Amsterdam and its first mu- 
nicipal government was established April 14, 
1652, with a schout (bailiff), appointed by the 
West India Company, and two burgomasters 
and five schepens (justices), elected by the peo- 
ple. When taken by the English in 1664 its 
name was changed to New York and in the 
following year it received a charter from Gov- 
ernor Nicolls, which incorporated the inhabit- 
ants of Manhattan Island into a body politic 
under the government of a mayor, aldermen 
and sheriff. In 1673 the Dutch regained pos- 
session, but one year later it was again trans- 
ferred to the English. In 1686 Governor 
Dongan granted the city a new charter with in- 
creased powers. Further privileges were se- 
cured under the Cornbury charter of 1708 and 
the Montgomerie charter of 1730. These char- 
ters and the various acts of the colonial as- 
sembly were expressly confirmed by the first 
constitution of New York State and the or- 
ganization and powers of the city remained 
substantially unchanged until 1830. 

The early charters of New York City present 
no striking points of difference from those in 
force in other colonies. The second constitu- 
tion of the state, adopted in 1821, provided 
that the mayor should be appointed by the 
common council. The charter of 1830 was 
framed by a convention composed of five dele- 
gates elected from each ward and after rati- 
fication by the people was enacted into law 
by the legislature. It divided the common 
council into two houses, composed of aldermen 
and assistant aldermen. The mayor lost his 
seat in the council and by an amendment to 
the constitution in 1833 became elective. The 
franchise, originally confined to freeholders, 
was extended in 1804 to taxpayers who were 
rent-payers to the value of $25 or more annual- 
ly and in 1826 manhood suffrage was estab- 
lished. 

In 1846 another charter convention was held, 
but its recommendations were not approved by 



541 



NEW YORK CITY 



the people. In 1849, however, a new charter 
was passed by the legislature and ratified by 
the people of the city, which embodied many 
of the recommendations of the previous con- 
vention. The elective principle was extended 
to heads of departments. Still further amend- 
ments were provided for in the charter of 
1853 which was passed by the legislature and 
ratified by the people. This marks the end, 
however, of the control of the city over its 
charter and the beginning of the period of 
wide-spread legislative interference in the local 
government. 

Some reason for this is to be found in the 
deplorable state into which the government 
had fallen. By the middle of the century the 
population had grown to over half a million, 
the debt to over fifteen millions and the annual 
tax levy to over three millions. Public works, 
involving large expenditures had been under- 
taken. The Croton aqueduct had been begun 
in 1835. Street railways were introduced in 
1851 and 1852. The common council had de- 
generated into a corrupt and partisan body, 
the council of 1852 earning for itself the un- 
enviable title of the "Forty Thieves Council." 
It was but natural that under such circum- 
stances the better citizens should turn to the 
state for relief and protection. In 1857 a 
revision of the charter was adopted by the 
legislature without submission to the people. 
By another act of the same year the control 
of the police was taken from the city and 
vested in a board for the metropolitan district, 
first appointed by the governor and later elect- 
ed by the legislature. Subsequently, a metro- 
politan fire district and a metropolitan sani- 
tary district were created. 

Throughout the greater part of its history 
the political organization known as Tammany 
Hall (see) has controlled the government of 
the city. Originally formed as a patriotic so- 
ciety in 1789, it almost immediately became a 
political association and was from the begin- 
ning allied with the Anti-Federalists and later 
the Democratic party. Adopting popular is- 
sues, such as universal manhood suffrage and 
the abolition of imprisonment for debt, cater- 
ing to the fast increasing foreign element and 
adept in the use of the questionable political 
methods so prevalent at that period, it suc- 
ceeded in maintaining its hold in spite of fre- 
quent scandal and not infrequent reverses. 
State interference proved no remedy for mis- 
government, which went from bad to worse, 
public attention during the Civil War being 
diverted from municipal affairs. By 1868 the 
city debt had grown to $52,000,000. This was 
at the beginning of the operations of the notori- 
ous Tweed Ring (see), which remained in com- 
plete control of the city government until the 
fall of 1871. This period marks the lowest 
depth of degradation to which the government 
of the city of New York ever sank. Over 
$60,000,000 was added to the permanent debt 



during this brief reign of corruption. The 
stealings of William M. Tweed, the first real 
boss of Tammany Hall, and his associates in 
the Ring, have been variously estimated at 
from $145,000,000 to $200,000,000, of which 
only $876,000 were recovered. 

The exposures of the Tweed Ring and the 
dispersion of its members (Tweed himself died 
in jail in 1878) dealt a blow to Tammany Hall 
from which many thought it could never re- 
cover. In 1874, however, it succeeded in elect- 
ing its candidate for mayor and since that date 
has controlled the city government a major 
part of the time. John Kelly was its next 
leader or boss and he was succeeded by Richard 
Croker, who abdicated his leadership in 1902. 
After a brief interregnum Charles F. Murphy, 
the present boss (1914), came into control. 

Tweed succeeded in securing a new charter, 
which goes by his name, from the legislature 
in 1871. After his overthrow another charter 
was enacted in 1873, which provided for a 
city council of but one chamber and for a 
board of estimate and apportionment. In 1882 
the Consolidation Act was passed, uniting in 
one document all laws relating to the city and 
under this act the city was governed until the 
Greater New York charter went into effect on 
January 1, 1898. 

This charter, framed by a commission ap- 
pointed by the governor, with the addition of 
the mayors of New York, Brooklyn and Long 
Island City, and enacted by the legislature in 
1897, remains today the charter of the city 
of New York, although radically amended in 
1901 upon the recommendations of another 
charter commission. Subsequent attempts to 
secure its revision have proved unsuccessful, 
although the charter has frequently been 
amended and new provisions inserted by special 
legislative acts. As it stands today, a docu- 
ment of over 330,000 words which, despite its 
bulk and minute detail, fails to cover all the 
activities of municipal government, it is badly 
in need of thorough and drastic revision. 

Government.— The government of the city 
presents some important departures from pre- 
vailing custom in municipal government. The 
most striking features are, first, the adoption 
of the so-called Brooklyn plan of concentrat- 
ing administrative power and responsibility 
in the hands of the mayor through unrestricted 
power of appointment and removal over the 
heads of departments; second, the power over 
financial and other legislative matters vested 
in the board of estimate and apportionment; 
and third, the subdivision of the city into 
five boroughs in order to provide a greater 
measure of local self-government. 

Legislative. — The board of aldermen is des- 
ignated as the city legislature. It consists of 
one chamber of 73 members, elected from alder- 
manic districts, and is by charter endowed with 
very considerable authority. In fact, however, 
New York enjoys but a limited measure of 



542 



NEW YORK CITY 



home rule and the provisions inserted in the 
state constitution of 1894 to limit state inter- 
ference by requiring the consent of the .city 
to special city bills have not operated as ef- 
fective check upon special legislation (see Mu- 
nicipal Veto of State Acts ) . 

The charter prescribes the functions of gov- 
ernment in detail, even to the point of fixing 
the salaries of school teachers and of all ranks 
in the police, fire and street cleaning depart- 
ments and such provisions are subject to fre- 
quent legislative amendment. Pressed by the 
superior powers of the state Legislature on the 
one hand and of the Board of Estimate and 
Apportionment on the other, the Board of Al- 
dermen remains a body exercising but few im- 
portant functions and not commanding the re- 
spect of the public. All power over franchises 
was taken from it in 1905, and vested in the 
Board of Estimate and Apportionment. The 
sanitary code is established by the Board of 
Health and declared by charter to be an ordi- 
nance without the intervention of the alder- 
men. The most important legislative function 
now exercised by the Board of Aldermen is the 
establishment of the building code. 

The Board of Estimate and Apportionment is 
to a large extent a unique institution in mu- 
nicipal government, wielding great powers 
which make it vastly more important in city 
legislation than the Board of Aldermen. Its 
entire membership is elected every four years 
and consists of the mayor, the comptroller, the 
president of the Board of Aldermen and the five 
borough presidents. The mayor, comptroller 
and president of the board of aldermen are 
elected on the general city ticket and each 
possesses three votes in the board, so that to- 
gether they constitute a majority. The 
borough presidents are elected in their respec- 
tive boroughs; the presidents of Manhattan 
and Brooklyn having two votes each and the 
presidents of the Bronx, Queens and Richmond 
having one vote each. 

The board controls the finances of the city. 
It authorizes all bond issues. It frames the 
budget and as adopted by the board it is sub- 
ject only to approval or rejection by the Board 
of Aldermen, which cannot add any new item 
or increase any appropriation. Even the action 
of the aldermen in reducing items is subject 
to veto by the mayor. The Board of Estimate 
and Apportionment also has exclusive control 
for the city over franchises and city streets, 
its powers, however, in regard to franchises 
being limited by those of the recently created 
state public service commission. The Board 
of Estimate and Apportionment is generally 
regarded as the most successful institution in 
New York City government. 

Executive. — The mayor is the chief executive 
officer of the city, elected for a four-year term 
and receiving a salary of $15,000. During his 
term of office the mayor can be removed for 
cause by the governor of the state. The mayor 

543 



has the power to appoint the heads of all the 
fifteen departments, except the finance depart- 
ment. Departments of the city named in the 
charter are those of finance, law, police, water 
supply, gas and electricity, street cleaning, 
bridges, parks, public charities, correction, fire, 
docks and ferries, taxes and assessments, educa- 
tion, health, tenement house. Each of these is 
presided over by a single head, removable at 
will by the mayor, with the exception of the 
departments of parks, taxes, and assessments, 
education and health, in which boards are still 
retained. 

These departments, however, by no means 
cover all the administrative activities of the 
city. The borough presidents are independent 
executives and there are numerous boards and 
commissions not ranking as departments, ap- 
pointed by the mayor, such as the commission- 
ers of accounts, the Board of Bellevue and Al- 
lied Hospitals, the Board of Water Supply, 
having charge of the construction of the aque- 
duct for bringing water from the Catskills, the 
Municipal Civil Service Commission, the Board 
of Education and a number of lesser im- 
portance. Terms of office in the case of most 
heads of departments have been abolished and 
they hold theoretically during good behavior; 
practically, however, for the term of the mayor 
who appoints them, or for a shorter period. 

The borough presidents are elected for four- 
year terms in their respective boroughs, at the 
same time as the mayor. In addition to being 
members of the Board of Estimate and Appor- 
tionment, they have seats in the Board of Al- 
dermen. As administrative officers, they have 
charge of the construction and maintenance 
of streets, sewers and buildings within their 
boroughs. The borough presidents of Queens 
and Richmond also have charge of street-clean- 
ing. Local improvements are initiated by 
boards having charge of local improvement dis- 
tricts of which there are twenty-five in the 
city. The board is composed of the aldermen 
of that district and the borough president. 
The borough president also appoints members 
of the local school boards. 

The comptroller is also elected for a four- 
year term, coincident with that of the mayor, 
and is removable by the governor. He is the 
chief fiscal officer of the city, with independent 
powers of investigation and audit, and is the 
member of the board of estimate and appor- 
tionment mainly responsible for the prepara- 
tion of the budget. Connected with his depart- 
ment is the office of the city chamberlain, who 
receives a salary of $12,000 and has the custody 
of all money paid into the city treasury. 
Money is in turn paid out by the chamberlain 
on warrants signed by the comptroller and the 
mayor. The chamberlain's office is named in 
the charter as one of the bureau of the finance 
department and there are five others: (1) for 
the collection of revenue from markets, sale 
of property, etc.; (2) for the collection of 



NEWFOUNDLAND 



taxes; (3) for the collection of assessments 
and arrears; (4) for audit; (5) for municipal 
investigation and statistics. 

The president of the Board of Alderman is 
not an administrative official, except when a3 
vice-mayor he takes the place of the chief exe- 
cutive during his absence or on occasion of his 
death or disability. He is elected for a four- 
year term and receives a salary of $5,000. 

The Board of Education is composed of 46 
unpaid members, apportioned among the bor- 
oughs and appointed by the mayor for five 
year terms. The chief executive is the city 
superintendent of schools who is appointed by 
the board for six years and is assisted in his 
work by eight assistant and twenty-six district 
superintendents. There are 46 local school 
board districts, in each of which there is a 
board of seven charged with the inspection of 
the schools. Five of the members of each board 
are appointed by the borough presidents, to 
serve without pay and with them act as a mem- 
ber of the board of education and a district 
superintendent. 

The civil service of the city numbers 72,799 
of which 18,980 are school teachers, 10,424 are 
police and 4,889 members of the fire depart- 
ment. The civil service law of the state ex- 
tends over the city and is administered, subject 
to the supervision of the state civil service 
commission, by a municipal civil service com- 
mission of three, appointed by the mayor. 
School teachers are excepted from the provi- 
sions of the state law, but are subject to an 
equally stringent merit system established by 
the charter. The municipal civil service is di- 
vided as follows: 

Unclassified (not including school teachers) 273 

Exempt class 784 

Competitive class 30,115 

Non-competitive class 5,048 

Labor class 17,599 



Total — _ 53,819 

The law is at present well enforced. The 
requirements of competitive examination ap- 
ply to promotions as well as to appointments, 
and transfers, reinstatements and removals 
are subject to regulation. No person employed 
by the city can receive" pay unless his pay-roll 
or account bears the certificate of the civil 
service commission that he has been appointed 
or promoted in accordance with law. 

Judicial. — The courts of the city have minor 
civil and criminal jurisdiction. The civil 
courts are the city courts, with ten justices 
serving for terms of ten years and the twenty- 
four municipal district courts, with forty-four 
judges, elected for a like term, who take the 
place of justices of the peace. The criminal 
courts are the court of special sessions and the 
magistrates' courts. The court of special ses- 
sions has fifteen justices, appointed by the 
mayor for ten-year terms. The magistrates 
were formerly known as police magistrates 
and are appointed by the mayor for ten-year 



terms. There are seventeen in the first district, 
composed of Manhattan and the Bronx and a 
like number in the second district, comprising 
Brooklyn, Queens and Richmond. The chil- 
dren's courts are attached to the court of 
special sessions (see Couet, Juvenile). 

Those who have made a study of New York 
City government recognize that its machinery 
is cumbersome and in many respects ineffective. 
Its complexity leads to waste and prevents the 
citizens from securing accurate knowledge as 
to how they are governed. That a great im- 
provement has taken place in the last ten years 
without any marked changes in form of govern- 
ment cannot fail to be admitted and it is 
wrong to judge the government of the city in 
the light of its past history without taking 
count of these improvements. The greatest, 
and presenting the most complex problems, it 
is by no means the worst governed municipality 
in the United States. Attempts at charter 
revision have met with ill success in the last 
decade and there is no general agreement 
throughout the , various divisions of the city 
regarding the amendments that should be made. 
That certain changes are highly desirable — ■ 
that the Board of Alderman, for instance, 
should either be thoroughly reconstructed or 
abolished — is obvious; but regarding a redis- 
tribution of administration powers between the 
central and borough governments great dif- 
ferences of opinion exist. The movement for a 
larger measure of municipal home rule is gain- 
ing ground and experience with unsuccessful 
attempts by the legislature at charter revision 
is leading to the conclusion that no thorough 
revision can be secured and obtain any de- 
gree of stability and permanence unless the 
people of the city are given the opportunity 
to pass upon their own form of government. 

See Boards, Municipal; Charters, Munici- 
pal; Cities, Classification of; City and the 
State; Legislation and Legislative Prob- 
lems in Cities; Mayor; Municipal Govern- 
ment. 

References: E. D. Durand, Finances of Neio 
York City (1898) ; D. F. Wilcox, Great Cities 
in America (1911), 67-181 ;The Greater New 
York Charter (1894); G. Myers, History of 
Tammany Ball (1901) ; W. McAdoo, Guarding 
a Great City (1906); A. R. Hatton, Ed., Di- 
gest of City Charters ( 1906 ) ; historical treat- 
ment in T. Roosevelt, Neic York (1891) ; J. G. 
Wilson, Ed., Memorial Hist, of N. Y. (1891- 
3) ; M. J. Lamb, Hist, of City of N. Y. (1877- 
1881), published also with supplement by Mrs. 
B. Harrison (1896). Elliot H. Goodwin. 

NEWFOUNDLAND. An island in the Gulf 
of the St. Lawrence, and England's oldest col- 
ony in America, having been discovered by the 
Cabots in 1497. The island is about three hun- 
dred miles long and of about equal breadth, 
with an estimated area of 40,200 miles and a 
population which was estimated in 1909 to be 



544 



NEWFOUNDLAND FISHEKIES DISPUTE 



234,588. For administrative purposes New- 
foundland includes the Labrador mainland. 

For many years after its discovery New- 
foundland was merely a fishing ground the use 
of which England shared with other countries. 
By the Treaty of Utrecht France abandoned 
her territorial rights to Newfoundland, retain- 
ing fishing privileges along the so-called French 
shore, which privileges were confirmed by the 
Treaty of Paris in 1763. Governed as a crown 
colony until 1832, Newfoundland then received 
its first grant of representative government. 
The principle of executive responsibility was 
not fully recognized until 1854. 

Newfoundland was invited to enter the Ca- 
nadian confederation in 1867, but declined. 
Two years later, however, the island legisla- 
ture passed resolutions in favor of joining the 
Dominion, but in a general election the 
people of the island pronounced strongly 
against the plan. From time to time during 
the last forty years the project has been re- 
vived but never has resulted in definite action, 
and Newfoundland still retains its place as a 
separate self-governing colony. 

The government of Newfoundland consists of 
a governor appointed by the crown for a five- 
year term, a responsible ministry of nine mem- 
bers chosen by the governor, an upper house of 
not more than seventeen members appointed 
for life, and an elective assembly of thirty-six 
members. At assembly elections manhood suf- 
frage prevails. During the last three or four 
decades the chief political issues have been 
questions relating to the protection of the is- 
land fisheries, government ownership of rail- 
ways, and reciprocity with the United States. 
Long-standing disputes with France and with 
the United States were finally settled by the 
Anglo-French Convention of 1904 and the 
Hague Arbitration of 1910 respectively. The 
railway question has at least been temporarily 
disposed of, and the failure of the United 
States Senate to ratify a reciprocity agreement 
proposed some years ago eliminated that ques- 
tion as an important issue. The provincial 
capital, St. John's, has a population of about 
31,000. 

References: D. W. Prowse, Hist, of New- 
foundland (1897) ; F. E. Smith, The Story of 
Newfoundland (1901) ; H. E. Egerton, Hist, 
of British Colonial Policy (2d ed., 1905) ; E. J. 
Payne, Colonies and Colonial Federations 
(1904) W. B. M. 

NEWFOUNDLAND FISHERIES DISPUTE. 

The treaty of 1783 between the United States 
and Great Britain provides : 

It is agreed that the people of the United 
States shall continue to enjoy unmolested the right 
to take fish of every kind on the Grand Bank, 
and on all the other banks of Newfoundland ; also 
in the Gulf of Saint Lawrence, and at all other 
places in the sea where the inhabitants of both 
countries used at any time heretofore to fish. And 
also that the inhabitants of the United States shall 
have liberty to take fish of every kind on such 



part of the coast of Newfoundland as British 
fishermen shall use (but not to dry or cure the 
same on that island) and also on the coasts, bays 
and creeks of all other of His Britannic Majesty's 
dominions in America ; and that the American 
fishermen shall have liberty to dry and cure fish 
in any of the unsettled bays, harbours and creeks 
of Nova Scotia, Magdalen Islands and Laborador, 
so long as the same shall remain unsettled ; but 
so soon as the same or either of them shall be 
settled, it shall not be lawful for the said fisher- 
men to dry or cure fish at such settlements with- 
out a previous agreement for that purpose with 
the inhabitants, proprietors or possessors of the 
ground. 

Great Britain contended that this clause was 
annulled by the War of 1812. The consequent 
dispute was settled by the treaty of 1818, by 
which, "the inhabitants of the said United 
States shall have forever, in common with the 
subjects of His Britannic Majesty, the liberty 
to take fish of every kind on that part of the 
southern coast of Newfoundland," etc. 

Disputes arising under this treaty were sup- 
posed to be adjusted by the treaty of 1854, 
which was to be subject, after ten years, to a 
"notice to the other of its wish to terminate 
the same." Under this agreement the United 
States gave notice which terminated the treaty 
in 1866 and the conditions of 1818 revived. 

These provisions of 1818 were modified by 
those of the Treaty of Washington of May 8, 
1871, which revived some of the provisions of 
the treaty of 1854 and provided that adjust- 
ment as to inequalities in the privileges should 
be balanced by a money payment, the amount 
to be determined by commissioners. The Com- 
mission thus provided for met at Halifax, June 
15, 1877, and on November 23 awarded Great 
Britain five and one half million of dollars in 
gold. The provisions of the treaty of 1871 
were terminated in accord with a notice on 
July 1, 1885, and a diplomatic agreement was 
entered into between the United States and 
Great Britain for the remaining months of the 
fishing season of 1885. 

A modus vivendi in 1885 provided for tempo- 
rary continuance of fishing. Other modi vi- 
vendi were agreed upon in 1906 and 1907. This 
modus vivendi of 1907 was continued for 1908 
by an exchange of notes to that effect. After 
many years of controversy a "Special Agree- 
ment, Submitting to Arbitration the North At- 
lantic Coast Fisheries" was signed on January 
27, 1909, and a decision was rendered by the 
arbitrators September 7, 1910. 

See Arbitrations, American; Commerce, 
International; Great Britain, Diplomatic 
Relations with; Headlands Theory; North 
Atlantic Fisheries Arbitration; Seal Fish- 
eries; Servitudes, International; Three- 
Mile Limit. 

References: W. M. Malloy, Treaties and Con- 
ventions, 1776-1909 (1910), I, 586, 729, 847; 
P. T. McGrath, "Atlantic Fisheries" in Review 
of Reviews, XLI, June, 1910, 718; Am. Jour- 
nal of Int. Laio, Oct. 1907, Supplement I, 
349, 375, Supplement III, 168; R. Lansing, 
"North Atlantic Coast Fisheries Arbitration" 



545 



NEWPORT SYSTEM OF CITY GOVERNMENT— NICARAGUA CANAL POLICY 



in ibid, V (1911), 1; C. Isham, The Fishery 
Question (1887); J. B. Moore, Digest of Int. 
Law (1906), I, 767 et. seq. 

George G. Wilson. 

NEWPORT SYSTEM OF CITY GOV- 
ERNMENT. In 1906 a charter of unusual 
character was adopted by Newport, R. I, which 
has had marked success in its working. The 
fundamental idea was taken from the "Limited 
Town Meeting" proposed by Mr. Alfred D. 
Chandler of Brookline, Mass. As applied in 
Newport, it is based on a representative council 
of 195 members (39 from each of the five 
wards ) elected for three years, one-third renew- 
able each year. This council, in which are 
vested all legislative powers, has, in general, 
the methods and functions of a town meeting. 
In addition, a mayor and five aldermen, each 
elected for one year make up the "Board of 
Aldermen." For nominations at least 30 sig- 
natures on a nomination paper are required for 
a member of the council; 100 for an alderman 
or member of the school board, and 250 for 
mayor. The aldermen are nominated by ward, 
but are elected at large. Under the state con- 
stitution a voter for a councilman or alderman 
must pay a tax on at least $134 of property, 
which excluded about a fourth of the general 
electorate of 5,200 (the city having a popula- 
tion of about 25,000). 

The representative council elects a chairman 
and various city officials and designates a com- 
mittee of 25 for the formulation of the budget. 
The committee usually takes about six weeks 
for this work. The result must be printed and 
sent to all taxpaying voters at least a week 
before the council meeting called to consider it. 

No expenditure may be made or contract 
entered upon by the board of aldermen for the 
expenditure of money which has not been au- 
thorized by the council. Any vote of the coun- 
cil requiring a special expenditure of $10,000 
or more must be submitted to the qualified 
electors if within seven days a petition to that 
effect be filed, signed by ten qualified electors 
from each ward in addition to at least 100 
qualified electors of the city. Provision is also 
made for a citizen's initiative on the expendi- 
ture of sums exceeding $10,000, on petition 
from 100 qualified electors; if the proposition 
be disapproved by the Representative Council, 
it shall be submitted to the electors on peti- 
tion by 20 from each ward, and, in addition, 
by at least 200 qualified electors of the city. 

The powers over the police are vested in 
the mayor by and with the consent of the 
board of aldermen, subject to the direction of 
the representative council. 

In addition to the two stated meetings of 
the representative council in the year (for 
organization and for consideration of the bud- 
get), the council meets on call about six times 
a year. Its proceedings compare favorably 
with those of any other legislative body. 



There has never (1913) been a failure to show 
a quorum on first roll-call. The effect has been 
highly educational; there is full publicity and 
the papers print practically verbatim reports 
of proceedings which sometimes occupy many 
columns. Under the charter there has been 
reduction of debt, and a general improvement 
of finances and of credit. 

See Charters, Municipal; Commission 
System of City Government; Council, Mu- 
nicipal; Legislation and Legislative Prob- 
lems in Cities; Towns and Townships. 

F. E. Chadwick. 

NICARAGUA. Nicaragua, the largest re- 
public in Central America, originally part of 
the captain-generalcy of Guatemala, later of 
the Viceroyalty of New Spain, declared, with 
Central America (see), independence from 
Spain in 1821, and withdrew from that federa- 
tion in 1838, its constitution being proclaimed 
November 30, 1838. The republic lies between 
latitude 10° 4' and 15° north, and longitude 
83° 15' and 87° 40' west (Greenwich), with 
an area of 49,200 square miles, and a popula- 
tion of about 600,000, or something over twelve 
to the square mile. The present constitution 
(1905) provides for a unicamaral legislative 
chamber (Camara de Diputados) , one deputy 
for each 10,000 inhabitants, elected by popular 
vote for a term of six years, the camara being 
partially renewed every two years. The ex- 
ecutive is a president, elected by direct vote 
for six years; in place of a vice-president, the 
camara elects three designados, one of whom 
takes the president's place in case of need. 
The cabinet consists of five ministers: foreign 
affairs and public instruction; government, 
justice and police; treasury and public credit; 
war and marine; public works. A national 
supreme court, elected by the camara for a 
term of six years, and minor courts compose 
the judiciary. The republic is divided into 
thirteen departments, three districts and two 
comarcas, again subdivided into municipalities 
(about like townships). The capital is Man- 
agua. The state religion is Roman Catholic. 
References: J. I. Rodriguez, Am. Constitutions 
(1905), I, 299-324; Pan American Union, Pub- 
lications. A. H. 

NICARAGUA CANAL POLICY. The special 
relation of the United States with Nicaragua 
bearing on a future canal began when the 
travel to California in 1849 began to pour 
through the route from Greytown on the Gulf 
of Mexico through the San Juan river, west- 
ward to the lake and across the divide to the 
neighborhood of Corinto on the Pacific. In 

1849 without instructions, Hise negotiated a 
treaty by which the United States was to have 
special privileges in that route. Secretary 
Clayton refused to father the treaty, and in- 
stead negotiated the Clayton-Bulwer treaty of 

1850 {see) by which the United States for- 



546 



NICHOLAS BIDDLE'S UNITED STATES BANK— NIHILISM 






mally agreed not to claim special privileges in 
any isthmus route. This defined the status of 
the Nicaragua rGute, though disturbed by 
some attempts of Great Britain to get a per- 
manent foot hold on the coast (see Mosquito 
Question ) , till after the Civil War, when 
Seward negotiated a treaty giving to the Unit- 
ed States a privileged status, which was rati- 
fied but never operative. 

When the Panama company began operating 
about 1879 an effort was made to check or to 
parallel their scheme by an American canal 
through Nicaragua. In 1884 Secretary Freling- 
huysen negotiated a treaty for that purpose 
with Zavala the Nicaraguan representative, 
which was withdrawn by President Cleveland 
when he came into office in 1885. 

Meantime an American company was char- 
tered and made a vigorous effort to get the 
United States to guarantee its bonds. It did a 
little work from 1890 to 1893, but by this time 
the Panama Canal Company was substantially 
bankrupt, and an opportunity appeared for the 
United States to construct a canal on that 
route. For fifteen years there was intense 
rivalry between the advocates of the Nicaragua 
route and the Panama route. Three commis- 
sions in succession, 1895, 1897, 1899, examined 
the Nicaragua route and were favorable to it. 

The matter came to a crisis in the report of 
the Walker Commission in 1901, which ex- 
pressed a preference for the Nicaragua route, 
on the ground that the franchises and the ma- 
terial of the French Panama company could 
probably not be obtained on reasonable terms. 
In January 1902, the House voted for 
the Nicaragua route with only two dissent- 
ients; but the influence of Senator Hanna of 
Ohio prevented its going through as an abso- 
lute measure. Instead the Senate passed, and 
the House accepted, a statute of June 28, 1902, 
under which the President was to obtain, if 
possible, a concession for a canal on the Pan- 
ama route; and failing that, to proceed to 
secure from Nicaragua the right to construct 
-a canal through Nicaragua. By a treaty with 
Panama of November 18, 1903, the Panama 
route was secured and public interest in the 
Nicaragua route was extinguished. 

See Canal Diplomacy; French Panama 
Canal; Mosquito Question. 

References: A. B. Hart, Am. Hist. Told by 
Contemporaries, IV (1897-1901), 622-627; L. 
M. Keasbey, Nicaragua Canal and Monroe Doc- 
trine (1896) ; J. H. Latan6, America as a 
World Power (1907) ; Isthmus Canal Commis- 
sion, Report (1901); bibliography in Chan- 
ning, Hart and Turner, Guide to Am. Hist. 
(1912), §§ 257, 267. 

Albert Bushnell Hart. 

NICHOLAS BIDDLE'S UNITED STATES 
BANK. A -name given the United States bank 
by its enemies at the time of Jackson's attack 
upon the Bank. Nicholas Biddle, the president 



547 



of the bank from 1823 to 1839, was the chief 
defender of the bank. See Bank of the Unit- 
ed States, Second. O. C. H. 

NIGHT COURT. See Court, Night. 

NIGHT RIDERS. In 1904 some of the to- 
bacco growers in Kentucky formed a combina- 
tion called the Planters Protective Association 
to oppose what they considered to be a monop- 
oly of the tobacco buyers, principally the Amer- 
ican Tobacco Company and the "Regie," the 
foreign syndicate. A Burley Tobacco Asso- 
ciation was also formed. They agreed to hold 
their crops till they could get what they 
thought to be a just price. In order to carry 
out this plan it was necessary to enlist most 
of the producers of tobacco, and about 27,000 
joined. When it was evident that a large num- 
ber would not join voluntarily, and that some 
of the outsiders got a price above that paid to 
members, a reign of terror began. In Decem- 
ber, 1909, tobacco barns and other property 
were burned and several people were killed 
in cold blood. The governor of the state at 
one time proclaimed martial law and called 
out the militia. Test criminal cases were made 
up, most of which failed because the juries 
disagreed. Belated convictions were obtained 
for a few acts of violence. The movement had 
some effect in raising the price of tobacco, but 
the acreage in Kentucky and Virginia fell off. 
See Coercion of Individuals; Execution of 
Process; Mobs and Mob Rule; Order, Main- 
tenance of; Riots, Suppression of. Refer- 
ences: Independent, LNIII, 1487, LXIV, 645- 
670, 1061, LXV, 850, 1584, LXVII, 78 (1908- 
1909) ; World's Work, XVII, ii, 213, Feb., 
1909; Everybody's Magazine, XX, 548, Apr. 
1909; U. S. Dept. of Agriculture, Year, Book, 
515. A. B. H. 

NIGHT SCHOOLS. See Schools, Night. 

NIHILISM. Originally nihilism was an ex- 
treme form of individualism in Russia, which 
combatted authority of every kind whether in 
the family, religion or state. It did not be- 
come a political movement, however, until 
after the emancipation of the serfs in 1861, 
since which time it has taken on the form of 
an anarchical and revolutionary aspect. The 
word is said to have been first used by the 
Russian revolutionist, Ivan Turgenieff in his 
novel "Fathers and Sons." Etymologically the 
term is derived from the Latin "nihil" which 
indicates the destructive aims of the move- 
ment. A "nihilist," said Turgenieff, "is one 
who bows to no authority and who accepts no 
principle without examination, no matter what 
credit the principle may enjoy." 

Before the emancipation of the serfs, ni- 
hilism in Russia was little more than a phil- 
osophy of idealism which was based upon an 
extravagant belief in individualism and it rep- 



NOBILITY, TITLES OF— NOMINATING SYSTEMS 



resented an intellectual rather than a polit- 
ical or social movement. The discontent among 
the lower classes and especially the landed 
peasantry which followed the emancipation act 
converted it into a social and political move- 
ment and gave it the character of a revolu- 
tionary propaganda which grew steadily under 
the teachings of men like Herzen, Bakunin, 
Turgenieff, Tchernychevski and other Rus- 
sian radicals. The movement was intensified 
by the policy of repression adopted by the Czar 
Alexander II and after 1870 it became so wide- 
spread and powerful as to threaten the exist- 
ence of the state. Through the assassination 
of public officials, beginning with the murder 
of the Czar in 1861, and other acts of violence, 
it caused the government great concern and led 
to a policy of repression. Newspapers which 
disseminated its teachings were suppressed, 
many nihilists, like Tchernychevski, were sent 
to Siberia or executed, freedom of assembly 
was greatly restricted, Sunday schools were 
prohibited, and secret societies were broken 
up wherever they could be found. In the mean- 
time nihilism spread and assumed more and 
more the character of a terrorist movement. 
Bakunin, until his death in 1876, made it the 
main business of his life to propagate the 
teachings of nihilism among the peasants and 
to excite them to revolt and to murder 
public officials, and in this work he was aided 
by Peter Lavroff who had taken active part in 
the Paris Commune of 1871. After 1878 the 
movement known as the Black Division was 
inaugurated, which insisted upon a division of 
the communal land and of course the great es- 
tates owned by the noblesse, so that every in- 
habitant should have a share of the soil. 

The principal parties and organizations 
which collectively constitute the revolutionary 
forces of Russia today are : the Russian Feder- 
ation of Emancipation which demands the in- 
troduction of popular government based upon 
universal suffrage; the Russian Party of Rev- 
olutionary Socialists which of all the parties 
is the most united and aggressive and which 
insists upon similar political reforms with 
certain differences; the "Socialist Democratic 
Party" which unlike the one last mentioned 
would have nothing to do with the agrarian 
program and which disapproves of the policy 
of terrorism; and the "Jewish 'Band' of Asso- 
ciated Workers" which, aside from its social- 
istic aims demands better treatment of Jews. 

See Anarchy. 

References: J. W. Buel, Russian Nihilism 
and Exile Life in Siberia ( 1883 ) ; George Ken- 
nan, Siberia and the Exile System (1891) ; 
J. Rae, Contemporary Socialism (1891), ch. 
ix; E. V. Zenker, Anarchism (1897), chs. iv- 
v; K. Zilliacus, The Russian Revolutionary 
Movement (1905). James W. Gaeneb. 



NOBILITY, TITLES OF. The provisions 
found in many state constitutions and in the 

548 



Federal Constitution applicable to the federal 
and state governments (Art. I, Sec. ix, f 8, 
Sec. x, If 1) prohibiting the granting of titles 
of nobility are designed no doubt, first, to 
preserve equality before the law, and, second, 
to secure in perpetuity a republican form of 
government. Such provisions are not essential 
to theoretical equality before the law, for such 
equality is fundamental in the law of Eng- 
land notwithstanding the existence of titles 
of nobility. But the framers of the Constitu- 
tion evidently contemplated a form of govern- 
ment in which there should be no special priv- 
ileges conferred by rank or title. The addi- 
tional provision in the Federal Constitution 
prohibiting the acceptance by any person hold- 
ing any office of profit or trust under the 
United States of any present, emolument, of- 
fice or title from any foreign sovereign or 
power without the consent of Congress, was 
probably intended to prevent the exercise of 
foreign influence in governmental affairs. These 
provisions in the Federal Constitution are sub- 
stantially borrowed from the Articles of Con- 
federation. E. McC. 

NOLLE PROSEQUI. A formal entry upon 
the record by the plaintiff in a civil proceed- 
ing or by the prosecuting attorney, in a crim- 
inal action, that he will not further prosecute 
the suit, as to some of the counts, or against 
some of the defendants, or that he will discon- 
tinue the action entirely. Reference: Daven- 
port vs. Newton, 71 Vt. 11, 24. H. M. B. 

NOMINATING SYSTEMS. Necessity.— 
Nomination of some sort must procede elec- 
tion. In any country where officers are chosen 
by election a nominating process must be used. 
Even where there are no political parties to 
make nominations candidates must announce 
themselves or they must be announced or se- 
lected by others. An important function of 
the political party is that of naming the party 
candidates. In pursuance of this function a 
large part of the American party machinery 
has been created. The organized party calls 
for two nominations, first nomination within 
the party for the position of candidate, then 
nomination by the party to the voting constit- 
uency. 

Self-nomination. — In England and in Amer- 
ica during the colonial period, and more re- 
cently in the southern states the system of 
self-nomination prevailed. A man desiring a 
certain office makes a formal appeal, by letter 
or public address, to the voters for their sup- 
port at the ensuing election. With the de- 
velopment of party machinery for nominating 
purposes this system has almost disappeared 
from the United States. Self-nomination, 
however, still prevails within the political par- 
ties for securing official party nomination. 
That is, John Smith, for instance, announces 
himself a candidate for county sheriff, subject 



NOMINATING SYSTEMS 



to the action of the Democratic county con- 
vention to meet June 4, 1910. If, at this 
convention, John Smith receives the official 
sanction of his party he thereby becomes the 
regular candidate for the office. Sometimes a 
considerable body of voters may be dissatis- 
fied with the party nominees. In that case an 
independent candidate may appear, either self- 
nominated or nominated in some irregular 
manner. 

Local Caucus and Primary. — In the New 
England town the voters assemble and organ- 
ize in town meeting. Here town officers may 
be elected without any sort of previous nom- 
ination. Members of the town meeting may 
both nominate and elect in open meeting; but 
where the meeting becomes large and unwieldy, 
or where the voters are divided into parties, 
or separated by special interests they are like- 
ly in some way to agree in advance as to who 
their candidates shall be. In Boston it early 
became customary for interested voters to 
meet and agree upon candidates to be chosen 
at the town meeting. This preliminary meet- 
ing came to be called a caucus. A secret meet- 
ing to promote the interests of certain can- 
didates is called a "parlor caucus." An open 
meeting called to make nominations is simply 
a caucus. Outside of New England such a 
meeting is usually called a primary. 

In townships, parishes, wards, cities and 
counties, where all the local officers are chosen 
at an election, some sort of preliminary nom- 
ination is almost a necessity. For this purpose 
the caucus or primary came into early and 
general use. The voters or the party members 
in a ward or in a township could easily meet 
and make up a local ticket, but it was not so 
easy to make nominations to be voted for by 
the entire city or county. City and county 
nominations, however, have often been made 
by mass meetings of the voters or mass meet- 
ings of the party members. For large cities 
and counties it was found to be more conven- 
ient to make nominations by means of commit- 
tees appointed at the primaries in wards and 
townships. This gradually developed into city 
and county conventions. 

The Delegate Convention. — For districts 
larger than the county the mass convention 
system is clearly impractical. The delegate 
convention system was naturally found most 
convenient for the larger districts. By this 
method nominations were made for members 
of the state legislatures, members of Congress, 
judicial officers and finally state officers. When 
Washington was inaugurated, 1789, the con- 
vention system for local nominations was in 
common use. By the end of the century, it 
was extended in many states to state officers. 

The Legislative Caucus.— By the year 1800 
the country had become divided into political 
parties. The two parties, nearly equally bal- 
anced, were contending for the prize of the 
presidency. To insure united action the party 



members of Congress met in secret caucus and 
nominated their candidates for President and 
Vice-President. About the same time it be- 
came customary for the party members of the 
state legislature to meet in party caucus and 
place in nomination officers to be voted for by 
the entire state. There were thus in vogue in 
the states three distinct systems; first, a local 
caucus or primary for nominating local of- 
ficers second, a legislative caucus for state 
officers; third, committee or delegate conven- 
tions for intermediate districts. The legisla- 
tive caucus was always unpopular but it was 
endured for a season on account of its conven- 
ience. Voters were scattered and roads were 
bad. All the while the delegate convention 
system was growing in favor until, about 1832 
or 1835, it had entirely displaced the legislative 
caucus, except that the state legislative caucus 
continued and still continues to nominate can- 
didates for the United States Senate. This is 
to facilitate their own action in electing the 
Senator. 

The Primary Election.— After the Civil War 
a widespread opposition to the convention sys- 
tem arose. Nominations had fallen into the 
hands of office holders and office seekers who 
manipulated the party machine so as to shut 
out the mass of the voters from a share in 
the making of nominations. To correct these 
evils a new nominating system was invented. 
This is known as the nomination by primary 
election. The primary election system abolish- 
es by law or by party rule the delegate con- 
vention and substitutes for it nominations by 
a regular election under the control of state 
officers. 

Nomination by Petition. — The ballots used 
at the primary elections for making nomina- 
tions are printed by the state. The officers of 
the state are therefore in need of some sort 
of official notice of the names to appear there- 
on. This is provided for by what is known as 
nomination by petition. Candidates for each 
of the offices are required to present petitions 
signed by a certain number or a certain per- 
centage of the voters asking to have their 
names inserted in the ballot. The result of 
the primary election determines the names to 
be placed on the ballot for the regular elec- 
tion. Some of the states also provide for 
having names added by petition; and some of 
those having no primary election system pro- 
vide an official ballot to be used at the general 
election. In the latter case official nomina- 
tions are made by petition. 

The laws providing for the nomination of 
candidates by petition have in some instances 
given rise to a party trick of naming a can- 
didate to appear on the official ballot, for the 
purpose of drawing votes from a dangerous 
rival. For instance, it is said that a mayor 
of Boston was elected by using party influence 
to secure two candidates of the opposite party 
to let their names appear on the ballot. 



549 



NOMINATION OF THE PRESIDENT 



See Caucus; Convention, Political; Nom- 
ination of the President; Petition, Nom- 
ination by; Popular Government; Primary; 
Primary, Direct. 

References: F. W. Dallinger, 'Nomination 
for Elective Office in U. S. (1897); P. S. 



Reinsch, Readings on Am. State Gov. (1911), 
364-434; E. C. Meyer, Nominating Systems 
(1902) ; M. Ostrogorski, Democracy and the 
Party System (1910), index title "Candidate"; 
C. L. Jones, Readings on Parties and Elections 
(1912), chs. ii-iv. Jesse Macy. 



NOMINATION OF THE PRESIDENT 



Early Customs. — The American party sys- 
tem grew out of conflicting views of national 
issues which led to contests for the control 
of the presidency; and the complex machinery 
through which our political life manifests it- 
self, although it is used for the nomination 
of state and local officers also, all revolves 
about the quadrennial choice of a President. 
Until the year 1800 no definite method had 
been adopted for placing presidential candi- 
dates before the people. Washington was by 
common consent the candidate at the first two 
elections. For the third, informal agreement 
made John Adams and Thomas Jefferson the 
leading candidates of Federalists and Republi- 
cans; but for the fourth election candidates 
were nominated for each party by a congres- 
sional caucus composed of the party members 
of the two houses of Congress. Until 1824 
the always unpopular congressional caucus 
was continually used by the Republicans, save 
in 1820, to nominate the presidential candi- 
dates. Crawford was then the Republican cau- 
cus nominee, but three other candidates ap- 
peared, all nominated by other methods. In 
some cases state legislatures or the party mem- 
bers of the state legislature made nomina- 
tions ; or such members together with other po- 
litical leaders named the candidates; or they 
were chosen at mass meetings or conventions; 
newspapers also were active in bringing out 
candidates. These irregular methods resulted 
in too many nominations, so that in 1824 the 
election, for the second time, devolved upon 
the House of Representatives. Four years la- 
ter, when party lines were becoming more 
clearly defined, but two candidates were nom- 
inated, although as before by diverse process- 
es. 

The Convention. — The national nominating 
convention composed of delegates from the sev- 
eral states and territories first appeared in 
1831. The plan was not new, since conven- 
tions had for many years been used for choos- 
ing candidates for state, district, county and 
city offices, and the national convention ap- 
pears as the logical completion of the system 
already worked out in the states {see Conven- 
tion, Political). No extensive party organi- 
zation is required for nominating presidents 
by congressional caucus; but the national con 
vention calls into action a vast array of ma 



party committee and its state convention; each 
congressional district of the state, its commit- 
tee and convention. Congressional districts 
are divided into smaller areas, as counties, 
parishes, etc., and each of these into towns or 
townships. Cities and large towns are divided 
into wards, and these various areas have all 
their party conventions, caucuses or prima- 
ries, with permanent party committees, and 
most of these state and local political organs 
have some share in the business of nominating 
a President. All the local wheels and bands 
are set a-whirring when the chief managers 
of the party machine, the national committee, 
begin their public work by holding a meeting, 
usually in Washington, some six months be- 
fore the national conventions. At this meeting 
the committee fixes time and place for the 
convention and issues a call for the choosing 
of delegates by the party organs throughout 
the country. Each of the parties sends dele- 
gates to its national convention equal in num- 
ber to twice the number of members of the two 
Houses of Congress. 

The call of the national committee makes it 
the duty of each state committee to call a 
state convention to select delegates to the 
national convention. In the Democratic party, 
and until recently in the Republican party, it 
has been permissible for the state convention 
to name all the delegates, or congressional dis- 
tricts might name their own delegates to the 
national convention, as the state party author- 
ities preferred. In both parties, however, the 
four delegates-at-large were, and are, chosen 
by the state convention. The Republican na- 
tional convention of 1892 adopted a rule re- 
quiring the congressional districts to choose 
their delegates in the same manner as they 
choose their party candidates for Congress, 
i. e., by a district delegate convention or by 
primary election. Delegates, however named, 
are often selected with reference to the sup- 
port of a particular presidential candidate. 
They are often instructed by the appointing 
body to cast a unanimous vote in a certain 
way, or resolutions are adopted favoring a 
certain candidate. In the national convention, 
however, delegates thus instructed or advised 
are not held to such prescribed lines of action. 

When the national convention has become 
fully organized and, usually, after the plat- 



chinery. Each state and territory has its state I form has been adopted, nominations are in 

550 



NOMINATION OF THE PEESIDENT 



order. The roll of states is called and each 
delegation is at liberty to name a candidate. 
If only one state responds, the business may 
be quickly and easily accomplished; but usu- 
ally several nominations are made and often 
speeches of great length are delivered. For the 
vote the roll is again called and the chairman 
of each delegation announces the vote of" his 
state. Delegates may vote for persons other 
than those formally presented to the conven- 
tion. Sometimes a "dark horse" — i. e., a man 
not previously named — captures the prize. 
Voting is continued until someone has secured 
the required number of votes and becomes the 
convention nominee. At this point courtesy 
requires a friend of the leading defeated can- 
didate to move that the nomination be made 
unanimous. A committee is then appointed 
to inform the successful candidate of his hon- 
or. The nomination of the Vice-President fol- 
lows according to similar procedure, but com- 
mands much less of public interest. After 
this manner through the nominally free action 
of hundreds of delegate bodies representing 
the wishes of the rank and file of party mem- 
bers scattered from ocean to ocean, a great 
party chooses its head. But so complicated 
is the organism for discovering and register- 
ing the people's will that it has been found 
possible to interfere at various points with 
this ostensible simplicity and freedom of ac- 
tion and with the final result. 

Forces Influencing Action of the Convention, 
i — It frequently happens that a candidate has 
been agreed upon before the convention meets. 
The people themselves may have made up their 
minds, for popular discussion upon the subject 
is always rife, and the series of primaries and 
conventions may only give perfunctory expres- 
sion to their choice. This is most likely to be 
the case when a President is serving his first 
term and is a candidate for renomination. 
Many forces, open or secret, affect a presiden- 
tial nomination. Chief among them are the 
use of patronage, the use of money, and the 
personal qualities of candidates. While the 
spoils system was in full force the incumbent 
of the office, if himself a candidate, was able 
to wield enormous power on his own behalf, 
since he practically controlled the government- 
al patronage; but the reform of the civil serv- 
ice has greatly restricted the field for such 
partizan use of the offices, though its influ- 
ence is not wholly eliminated. This is shown 
by the peculiar relation which the Republican 
party holds to the South in the matter of 
presidential nominations. Large sections of 
that region have no effective local Republican 
organization, and only by the federal patron- 
age is the party kept alive. Though these 
states have no share in electing Republican 
Presidents they have often been a determining 
factor in nominating candidates. In state and 
local conventions representation is determined 
by the strength of the party vote, while in 



national conventions the states are represented 
as such, regardless of the party vote. Hence, 
in a Republican national convention, a dozen 
southern states are represented largely by fed- 
eral office-holders who are practically without 
local support. 

The great financial interests of the country 
are always a factor in the choice of candi- 
dates. Many cities have at times been domi- 
nated by the owners of public franchises and 
other monied interests. A few state govern- 
ments, even, have been thus controlled. But 
the office of the presidency has never to the 
same extent come under such influence. The 
money power of the country is indeed always 
active in respect to the choice of candidates 
and the party in power is sure to be accused 
of being unduly influenced by financial mo- 
tives. Campaigns are costly, and party com- 
mittees naturally look with favor upon candi- 
dates who will attract large contributions 
from the rich. Vice-Presidents in particular 
have been nominated because of their financial 
strength. 

The personal qualities of a candidate or his 
special gifts of political leadership have often 
determined his nomination. Jackson, Clay, 
Douglass, Blaine and Bryan, were all spectac- 
ular personalities. Tilden and Cleveland won 
nomination because of their attitude towards 
certain reforms. In recent years the Presi- 
dent receives increasing recognition as the re- 
sponsible head of his party. He is expected 
to lead in respect to legislative policies as 
wcU as in administration. The office demands 
statesmanship of a high order combined with 
a talent for popular leadership. The advent 
of this new claim upon the President for 
skilled party leadership coincides with the 
wide-spread discrediting of the use of money 
and patronage in securing the nomination. 
The new and nobler power is displacing the 
old unworthy one. Candidates may now prac- 
tically nominate themselves, or may win the 
honor by surpassing others in the formulation 
and exposition of policies in which the voters 
believe. 

Direct Primary. — The substitution of a pri- 
mary election in place of the convention for 
choosing state and local candidates (see Pri- 
mary, Direct) suggests the possibility of ex- 
tending the same process to the nomination of 
Presidents. Already many states name the 
delegates to the national convention by a party 
vote at the primary election. A few states 
have made provision for expression at the 
primary election of a choice for presidential 
candidates. If this practice should become 
universal these candidates would be virtually 
chosen by popular election and the nominating 
convention would become a mere ratifying 
body or it would disappear altogether. 

See Candidate; Committees, Party; Con- 
ventions, Political; Nominating Systems; 
Primary, Direct. 



551 



NOMINATION PAPERS— NOMINATIONS IN GREAT BRITAIN 



References: J. Bryce, Am. Commonwealth 
(4th ed., 1910), II, 222-225, chs. lxix, lxxiii; 
S. D. Fess, Eist. of Pol. Theory, etc. (1900), 
chs. vii, viii, xv; C. A. Beard, Am. Government 
and Politics (1910), 166-179; J. Macy, Party 
Organization and Machinery ( 1904 ) , chs. iii- 
vi; J. A. Woodburn, Political Parties (1903), 
chs. x-xii; M. Ostrogorski, Democracy and 
the Party System (1910), ch. viii, Democracy 
and Political Parties (1902), 244-277; R. C. 
Brooks, Corruption in Am. Pol. (1910), 270- 
271; F. N. Dallinger, Nominations for Elective 
Office in U. 8. ( 1897 ) ; P. S. Reinsch, Readings 
on Am. Federal Gov. (1909), 826-845; E. 
Stanwood, Eist. of the Presidency (1898), ch. 
xiv; W. G. Sumner, Andrew Jackson (1882), 
73-100, 254, 273, 374-379; John Bigelow, 
Memoirs of John C. Fremont (1856), 446-460; 
C. L. Jones, Readings on Parties and Elections 
(1912), ch. iv. Jesse Macy. 

NOMINATION PAPERS. Under all ballot 
systems the voters can indicate their choice 
in writing; under the old system of separate 
party tickets the independent voter might also 
use a paster. But under the Australian ballot, 
nominations have to be recorded, beforehand so 
as to get them on the ballot. Parties recog- 
nized as such by the law have the right to 
have their nominees printed on the ballot. 
But under all good systems voters may unite 
on candidates, and if they get signatures to 
a number established by law, may file nomina- 
tion papers which insure their appearing on 
the ballot. 

Nomination papers must bear a heading 
designating the office, party, precinct, town or 
township, county and state. In some states 
the Signatures must be a certain per cent of 
the votes cast in a previous election. Name, 
address, and in some states the date are re- 
quired: and sometimes a notarial certificate. 
The required number of signers is usually 
small, and a considerable number of candidates 
may therefore appear on the ballot especially 
in the primary elections. This element of 
weakness may perhaps be remedied by prefer- 
ential voting, or by a second ballot system. 

For primaries the signers of papers must us- 
ually declare that they are voters; that they 
are members of the political party concerned, 
and that they intend to support the candidate 
at the primaries. Signers must reside in the 
territory in which the candidate seeks nom- 
ination. A voter cannot sign more papers 
than there are to be candidates necessary to 
fill the positions. After the nomination papers 
are signed, they shall be open for inspection 
for a certain number of days. If not according 
to law, or insufficient, the names will be thrown 
out. The names of persons with nomination 
papers complete are placed on an official bal- 
lot, the regular election officers conducting the 
election. Certificates of nomination are sent 
to the successful candidates seeking nomina- 



tions. Nomination paper's are also available in 
most states to go alongside the names certified 
by party primaries. 

See Ballot; Candidate; Nominating Sys- 
tems; Primary; Primary, Direct. 

References: Election laws of the different 
states; C. E. Merriam, Primary Elections 
(1909). T. N. Hoover. 

NOMINATIONS IN GREAT 'BRITAIN. 

There is no recognition of political parties in 
the enactments governing the nomination of 
candidates for the House of Commons or for 
local governing bodies. Nominations for the 
House of Commons are simple and unhampered 
except by the requirement of a deposit from 
a candidate to cover his quota of the official 
costs of the election. A man who has had 
no residence in a constituency and no connec- 
tion with it can come on the scene on the day 
of nomination, and if he can find the necessary 
number of voters to sign his paper, there is 
nothing to hinder his going to the poll. Nom- 
ination either as a candidate for the House 
of Commons or for a municipal council is reg- 
ulated by the Ballot Act of 1872. The return- 
ing officer is required on the receipt of the 
writ for a parliamentary election to give no- 
tice of the day and place of election, and of the 
poll if the election is contested. The law ad- 
mits of a little leeway and there is usally 
a conference between the returning officer and 
the agents of the candidates as to dates. The 
day and the hours between which the return- 
ing officer will sit to receive nominations are 
advertised. Nominations are made in writing. 
Each candidate must be proposed and seconded 
by registered electors for the constituency, and 
the names of eight other registered electors 
must be affixed to the nomination paper. It 
often happens that there are three or four 
nomination papers on behalf of one candidate. 
This is a guarantee against any informality 
that might invalidate a nomination paper. 
More usually, however, several nomination pa- 
pers are handed in with a view to giving dif- 
ferent groups in the candidate's following an 
opportunity of publicly rallying to his sup- 
port. If within an hour of the time fixed for 
the election, no more candidates are nomi- 
nated than there are vacancies, the election is 
then made and the names — in the case of mem- 
bers of the House of Commons — returned to 
the Crown Office in Chancery. If there is a 
contest the election is adjourned to a polling 
day to be fixed by the returning officer; and it 
is at this stage, before the ballots are print- 
ed, that candidates must make a deposit with 
the returning officer to cover the official ex- 
penses of a poll. On the nomination papers 
there is no mention of the political party of 
the candidates, and on the ballots there are 
neither party emblems nor any mention of 
parties. Names of candidates are placed in 
alphabetical order, and, except that the pro- 



552 



NONCOMBATANT— NON-P ARTISAN POLITICAL ORGANIZATIONS 



fession or business of the candidates is stated, 
the ballot paper contains scarcely more par- 
ticulars than a man enters concerning himself 
on a hotel register. 

Party machinery is not nearly so complete 
nor so elaborate in Great Britain as in the 
United States or even in Canada. There are 
scores of parliamentary constituencies in which 
the local party organizations are weak and 
loosely held together; and it is only with the 
Nationalists in Ireland and latterly with the 
Socialist and Labor party that machinery for 
nominating parliamentary or municipal candi- 
dates has approximated the organization main- 
tained by parties in the United States. 

See Local Government of England ; Nom- 
inating Systems; Parliament; Party Gov- 
ernment in Great Britain. 

References: A. L. Lowell, Government of 
England (1908). Edward Porritt. 

NONCOMBATANT. In time of war and in 
determining the treatment of the enemy the 
population is usually divided into combatant, 
those who are engaged in the conduct of the 
war, and noncombatant, those who take no part 
in carrying on hostilities. The noncombatant 
class includes women, children, artists, profes- 
sional men and others whose occupations in- 
volve no direct participation in the war. See 
Martial Law; War, Carrying on; War, Int- 
ernational Relations During. G. G. W. 

NON-IMPORTATION. An attempt to put 
constraint upon a state or states is sometimes 
tried by prohibiting the importation of their 
goods. The disregard of the rights of Ameri- 
can commerce by France and Great Britain in 
the early part of the nineteenth century led 
the United States, on April 18, 1806, to pass 
a "non-importation act" by which the importa- 
tion of specified articles from Great Britain 
was to be prohibited after November, 1806. 
This act was suspended on December 19, 1806, 
and was not to be operative till July 1, 1807, 
and as the relations with Europe became less 
and less satisfactory the "non-importation act" 
was succeeded by the embargo (see) and non- 
intercourse (see) acts. See Embargo; Neu- 
tral Trade During Napoleonic Wars; Non- 
Intercourse. G. G. W. 

NON-INTERCOURSE. Commercial inter- 
course is generally regarded as one of the 
fundamental rights of a state. Non-inter- 
course is a means of constraint which may be 
resorted to to obtain reparation for injuries 
or withdrawal of restrictions. 

In 1809, 1810 and 1811 acts were passed by 
the United States Congress forbidding the en- 
trance to American ports of British or French 
public or private vessels, or the carrying on of 
commerce. See Commerce, International; 
Embargo; Neutral Trade, Principles of; 
Non-Importation. G. G. W. 



553 



NON-INTERFERENCE WITH SLAVERY. 

The designation of the political policy evolved 
in the course of the debates over the Wilmot 
Proviso (see) , which held that Congress should 
refrain from deciding the question of slavery 
in the territories, leaving the issue to be de- 
termined either by the localities concerned or 
by constitutional construction; also called non- 
intervention. This policy later became known 
as the doctrine of popular sovereignty. See 
Popular Sovereignty; Slavery Controversy. 

M. M. Q. 

NON-PARTISAN POLITICAL ORGANIZA- 
TIONS. Non-Partisan Activities of Govern- 
ment. — Certain lines of government business 
have been by common consent regarded as non- 
partisan. Such, usually, is public education, 
which is protected from partisan influence by 
the placing of school elections on different 
dates from other elections. The belief that 
city government is also properly non-partisan 
has led to the fixing of special dates for city 
elections, with the result that in small 
cities and towns local government is to a large 
extent non-partisan. The commission form of 
government is advocated as a means of bring- 
ing about a similar result in large cities. The 
belief that the judiciary should be non-parti- 
san finds expression in both state and party 
legislation, as, for instance, in occasional party 
rules that commit the nomination of judges to 
the bar. In a less degree nearly all state and 
local business lacks any direct relation to par- 
ty issues. Many organizations have, therefore, 
arisen with the purpose of limiting the field 
of party control. 

Some such organizations are even anti-parti- 
san and oppose every form of party govern- 
ment. These take the Swiss as a model to 
illustrate the possibility of developing a suc- 
cessful democracy in which party government 
is unknown. In Switzerland the town meeting 
in local government and the small canton, the 
referendum and the popular initiative in large 
cantons and the general government, furnish 
the means of settling questions at issue. The 
so-called parties are simply associations to pro- 
mote certain interests. Even if a party se- 
cures a majority in a legislature it does not 
govern. Should its members attempt to control 
legislation or administration it would at once 
be discredited. The whole machinery of gov- 
ernment is distinctly non-partisan. Such an 
ideal is in the minds of some of those who are 
trying to introduce into the United States the 
initiative and the referendum. The National 
Direct Legislation League is not simply non- 
partisan but anti-partisan in spirit. Farmers 
and wage-earners through their national or- 
ganizations also support the movement for di- 
rect legislation, partly because it promises re- 
lief from party rule. 

Associations of Citizens. — A special group of 
non-partisan organizations is composed of cit- 



NON-PARTISAN POLITICAL ORGANIZATIONS 



izens' associations, citizens' unions, good gov- 
ernment leagues, municipal voters' leagues, 
committees of seventy or of one hundred, etc. 
Most such associations propose no distinct 
change in the party system. Recognizing pres- 
ent means, they propose to secure from the ex- 
isting organs of government better results. 
They are non-partisan in the sense of includ- 
ing men of all parties, or those associated 
without reference to party. Many of these 
associations, such as the Philadelphia Commit- 
tee of One Hundred, are temporary, being de- 
signed to correct special abuses or to meet an 
emergency. Others form definite and perma- 
nent adjuncts to party government. 

Perhaps the best illustration of the latter 
class is the Municipal Voters' league (see) 
of Chicago. At the time of its organization in 
1896 only two of the sixty-eight members of 
the city council were believed to be honest. 
A committee of the league made a scientific 
study of the situation, carefully recording the 
votes of the members of the council during 
their term of office. When the time for city 
election approached, these records of the votes 
of candidates for reelection were published. 
Councilmen were classified as honest men and 
"gray wolves," and the latter were marked 
for slaughter in the city press. The movement 
so won the confidence of the voters that in a 
great majority of the wards a "gray wolf" 
could not be elected. The league acts as a 
publicity committee; it presents its platform 
to each nominee for office with the request that 
he sign, alter and sign, or reject it, and it 
publishes the results of the test. The success 
of such a league depends entirely upon its 
impartial character. The committee is equal- 
ly sympathetic and equally severe towards men 
of all parties. Any party or candidate furn- 
ishing a clear record has its support, or, 
rather, is free from its attack. 

The policy of the Chicago league has not 
been to enter actively into political campaigns 
but, rather to stand apart as a civic censor. 
The Citizens' Union and corresponding organi- 
zations in New York have been disposed to 
enter actively into city politics, to unite with 
other independent, non-partisan movements in 
the support of special candidates or in the 
nomination of a citizens' ticket, or even to 
join the minority party, as in 1901 when it 
elected Seth Low as mayor. Owing to the 
fact that the two parties are very evenly di- 
vided in Chicago the work of the Municipal 
Voters' League has been much more successful 
than that of the Citizens' Union; but the dif- 
ference may be due less to diverse methods 
than to other circumstances. 

In Cambridge, Massachusetts, the Library 
Hall Association was for many years influen- 
tial in municipal politics. After party nomi- 
nations had been made the association met, 
discussed the candidates and selected its nom- 
inees, sometimes adding new candidates of its 



own. The association finally disappeared and 
was replaced by a Non-Partisan Municipal 
Party with a regular organization. 

The National Municipal League, organized 
in 1894, is intended to supplement and direct 
local municipal leagues. It serves as a clear- 
ing house for the collection and dissemination 
of civic experience. Its annual meetings and 
its reports are a mine of valuable information 
to the reformer and the student of political 
science. Holding in many respects a similar 
position, though originating in a different way, 
is the National Civic Federation, organized in 
1901. This grew out of conflicts between labor 
and capital, yet, like the National Municipal 
League, it is disposed to enlarge the field of its 
operations and furnish a meeting place for a 
variety of reform movements. The Civic Fed- 
eration is non-partisan, not in any special 
sense, but as are practically all reform move- 
ments, political, industrial and social. The 
Civil Service Reform League is probably the 
best example of national non-partisan organi- 
zation that has been successful in persuading 
both parties to adopt its tenets. 

Strength and Weakness of the Reforms. — 
The fact that such efforts as these spring up 
in all parts of the country shows the vitality 
of reform sentiment, and indicates the desirQ 
for good government in the heart of the aver- 
age citizen. The failure to secure and render 
permanent the sort of government sought is 
less significant than the attempts made. Many 
influences tend to detract from the power of 
reform. Political inertia is perhaps the 
strongest. By great effort the reformers may 
carry one or two elections, but the regular 
parties continue to hold the mass of voters 
through force of habit. The complete carry- 
ing out of reform policies after one successful 
election is rare, for the old organizations have 
the business in hand as the reformer, however 
great his enthusiasm, cannot. A complete or- 
ganization extending throughout a city cannot 
be built up in a day. The Chicago Municipal 
Voters' League seems to have achieved the 
greatest success, because with a comparatively 
small following it can swing the deciding votes 
from one party to the other. The large num- 
ber of objects sought and the cross purposes 
of reformers who seem unable to unite on one 
policy furnish great obstacles to success. 
Through lack of unity and of perfect organiza- 
tion they fail. Finally, as Jane Addams has 
pointed out, the reform organization may be 
injured by groups of "supporters" who clam- 
orously join the movement with no other pur- 
pose than to make their votes bring more from 
the machine when they decide to sell out. 

See Fusion; Independent Movements in 
Politics; Municipal Voters' League; Re- 
form Movements, Political; Third Parties; 
Voting, Independent. 

References: National Municipal League; 
Reports; National Civic Federation and Na- 



554 



NON-RESISTANT— NORTH ATLANTIC FISHERIES ARBITRATION 



tional Direct Legislation League, Reports; F. 
W. Dallinger, Nominations for Elective Office 
(1897), ch. x; H. E. Demniing, Government 
of Am. Cities (1909); F. J. Goodnow, City 
Government in United States (1904), 130- 
136; F. H. Scott, "Municipal Situation in Chi- 
cago" in Detroit Conference for Good City 
Government, Proceedings, 1903, 140; for Li- 
brary Hall Association see Municipal Affairs, 
IV (1900), 303; C. A. Beard, Am. Government 
and Pol. (1910), 703-705. Jesse Macy. 

NON-RESISTANT. The term used by per- 
sons who either denied the rightfulness of hu- 
man government of any kind, or who took the 
ground, later defended by Tolstoi, that the use 
of physical force was always indefensible, and 
that the man of peace ought not to oppose even 
injustice of his neighbor or the government. 
A distinguished, but by no means consistent, 
non-resistant was William Lloyd Garrison. 

See Civil Rights; Divine Right of 
Kings; Individualism, Theory of; Liber- 
ty, Civil; Minorities, Rights of. Reference: 
W. P. and F. J. Garrison, William Lloyd Gar- 
rison (2d ed., 1894). A. B. H. 

NOOTKA SOUND CONVENTION. By this 

convention in 1790, previous to any claim of 
the United States, Spain conceded to England 
joint rights on portions of the western coasts 
of America not already occupied by Spain. 
These joint rights were afterward held to have 
passed to the United States in the Florida 
Treaty of 1819 (see) ; and reinforced by others 
on each side, occasioned the later Northwestern 
Boundary Controversy (see). The occasion for 
the Nootka negotiation was a conflict at Noot- 
ka Sound in 1789 between the agent of an 
English commercial company and a Spanish 
naval officer, each of whom had come to make 
a permanent establishment. See Boundaries, 
Exterior; Oregon; Washington. Reference: 
W. R. Manning, "Nootka Sound Controversy" 
in Am. Hist. Assoc, Report, 1904, 281-478; 
with bibliography. W. R. M. 



NORMAL SCHOOLS, 
Schools, Public, Normal. 



PUBLIC. 



See 



NORTH AMERICA. This continent has an 
area of about 8,000,000 square miles, being 
much smaller than Asia or Africa, but much 
exceeding in size each of the remaining conti- 
nents. It lies more largely in the north tem- 
perate zone than in any other, and is sepa- 
rated from Europe by the narrower of the two 
great oceans. It was thus brought into rehv 
tions with the modern center of exploration, 
civilization and commerce. 

The Cordilleran highlands in the west con- 
sist of mountains of Alpine altitudes with vast 
intermontane plateaus. Except in the high 
mountains and along the north Pacific coast 
much of this region is arid. It is adjacent to ' thority." 
84 555 



a wide ocean and opposite countries of late, 
or retarded development. It has almost no 
coastal plain, the mountains from Alaska to 
Central America occupying the margin of the 
land. The Appalachian highlands include sev- 
eral mountain ranges of moderate altitude and 
of various geological ages, and on the west 
of these mountains the Appalachian plateau 
under various local names stretches from the 
Hudson valley to central Alabama. Similar 
old highlands occupy eastern Canada. These 
eastern highlands are broken by low passes, 
such as the Mohawk and St. Lawrence valleys. 
There are also on the east, from the maritime 
provinces to the Gulf of Mexico, fertile and 
often wide lowlands, with many deep indenta- 
tions, tidal rivers, and safe harbors. The pass- 
es make the interior of North America, from 
the central Mississippi region to the basin of 
the Saskatchewan, tributary to the Atlantic 
and most of the plains and prairies of the 
United States and Canada belong to the hin- 
terland of New York, Philadelphia, Baltimore, 
Boston, and Montreal. 

The central plains are, however, so rich in 
soils and in coal and are so favorable for 
railway construction and for trade by the 
Mississippi and St. Lawrence waters, that they 
are attaining a vast development of their own 
and are becoming less dependent upon the cit- 
ies and interests of the Atlantic coast. This 
is illustrated by the growth of Chicago, and 
other north central cities of the United States, 
and by the development of Winnipeg in Can- 
ada. 

See Physiography of North America; Re- 
sources of North America. 

References: I. C. Russell, North America 
(1904); W. M. Davis, "North America" in 
International Geography (2d ed., 1900), 664- 
678. Albert Perry Brigham. 

NORTH ATLANTIC FISHERIES ARBITRA- 
TION. The controversy which had for many 
years occupied the governments of the United 
States and Great Britain in regard to the 
North Atlantic fisheries (see Newfoundland 
Fisheries Dispute) was at length, by a spe- 
cial agreement of January 27, 1907, referred 
to arbitration. The particular subject submit- 
ted was Article I of the treaty between the 
United States and Great Britain of October 
20, 1818. Seven questions were submitted to 
a court of arbitration at The Hague, which 
assembled on June 1, 1910, and rendered its 
decision on September 7, as follows: 

(1) Great Britain had the right to make 
regulations, as "the liberty to take fish is in- 
herent to the sovereignty of Great Britain," 
but such regulations must be "equitable and 
fair as between local and American fishermen" 
and "the reasonableness of any such regula- 
tion, if contested, must not be decided by 
either of the parties, but by an impartial au- 



NORTH CAROLINA 



(2) American fishermen might employ ali- 
ens as members of their fishing crews though 
such employment would give them no benefits 
or immunities under the treaty. 

(3) American fishing vessels should report 
if reasonably convenient opportunity exists; 
though they should not be subject to "purely 
commercial formalities of report, entry and 
clearance at a custom-house, nor to light, har- 
bor or other dues not imposed upon Newfound- 
land fishermen." 

(4) Entrance of American fishermen "for 
shelter, repairs, wood and water" should be on 
the grounds of hospitality and humanity and 
such entrance should not subject them to 
"light, harbor or other dues." 

(5) "In case of bays the three marine miles 
are to be measured from a straight line drawn 
across the body of water at the place where 
it ceases to have the configuration and char- 
acteristics of a bay. At all other places the 



three marine miles are to be measured follow- 
ing the sinuosities of the coast" (see Head- 
lands Theory). A ten mile width is, how- 
ever, proposed for certain bays. 

(6) "American inhabitants are entitled to 
fish in the bays, creeks and harbors of the 
treaty coasts of Newfoundland and the Mag- 
dalen Islands." 

(7) Fishermen "cannot at the same time 
and during the same voyage exercise their 
treaty right and commercial privileges." 

See Great Britain, Diplomatic Relations 
with; Newfoundland Fisheries Dispute; 
Water Boundaries. 

References: Am. Journal of Int. Law, Oct., 
1910, 948-1000, Jan., 1911, 1-31; Parliament- 
ary Papers Relating to the North Atlantic 
Coast Fisheries (1910) ; W. M. Malloy, Treat- 
ies and Conventions, 1776-1909 (1910), I, 631- 
847, for texts of treaties. 

George G. Wilson. 



NORTH CAROLINA 



Settlement. — The first permanent settlement 
in what was later to become North Carolina 
was made, perhaps, as early as 1650, on the 
Albemarle Sound. These settlers came from 
Virginia. They were English, as were most of 
the colonists who came during the colonial 
period. A few Swiss and Germans established 
a settlement near Newbern early in the eigh- 
teenth century; and during the last twenty- 
five years of the province Germans and Scotch- 
Irish came in considerable numbers to the 
middle parts. 

Colonial Government. — The government was 
that of the Lords Proprietors until 1729, and 
that of the English crown from 1729 to early 
in 1775. The proprietors had, for their direct 
agent, a governor in North Carolina, except for 
the period 1691-1712, when this settlement was 
under a deputy-governor, appointed by the gov- 
ernor of Carolina, who resided in the southern 
settlement. There was, as an adjunct to the 
governor, and as the upper house of the as- 
sembly, a council — a small body which repre- 
sented the interests of the proprietors or the 
Crown. The governor and the council almost 
without exception, had the proprietors' or the 
Crown's point of view, and were consequently 
often opposed to the lower house, which was 
always representative of the colonists. The 
members of the house were always colonists 
and sympathized with the view-point and wish- 
es of the colonists as a whole. In addition to 
the executive and legislative departments, there 
were the regular courts. 

Formation of the State Constitution.— The 
colonists had for nine years claimed more and 
more rights and privileges, especially in mat- 
ters of public finance and justice. They, in 
spite of the protests of the governor, held a 



provincial congress on August 25, 1774. This 
practically became at once the source of gov- 
ernment for the province. The colonists, 
through another provincial congress, created 
committees of safety and government, local 
and provincial, and provided for the prosecu- 
tion of the war. A constitutional convention 
was held in November-December, 1776, to for- 
mulate a fundamental law, and on December 
18, 1776, a constitution was adopted and went 
into immediate effect. This provided for a 
general assembly elected annually, the really 
vital part of the new government; it should 
elect the governor and other executive officers, 
and the judges. North Carolina was now in 
law an independent state, with all its powers 
of government vested fundamentally in the 
general assembly. The legislature quite read- 
ily instructed the delegates to Congress to sign 
the Articles of Confederation (see). Accord- 
ingly, the Articles were signed on behalf of 
North Carolina on July 21, 1778. 

Adoption of the National Constitution. — 
When the war was over, North Carolina was 
inclined to fall back upon the spirit of in- 
dividualism and purely local government. 
There was, in fact, a strong disposition to make 
all government, especially that of the union, 
as little effective as possible. This disposition 
was manifest in the convention which was 
called to consider the ratification of the Con- 
stitution of the United States; on August 2, 

1788, the convention by 184 to 84 voted not 
to ratify the Constitution. Another conven- 
tion, however, ratified it, on November 21-22, 

1789. It was now clear that the desired chan- 
ges in the Constitution would soon be made, 
and the more conservative faction was in con- 
trol in North Carolina politics. 



556 



NORTH CAROLINA 



Constitutional Changes (1835). — The fact 
that no amendments were made to the consti- 
tution of 1776 until 1835, proves the conserva- 
tism of North Carolinians, as well as the power 
which the first constitution placed in the 
eastern counties. The constitution provided 
for one senator and two members of the house 
from each county. This meant that the small 
eastern counties could easily hold the political 
power over the large western counties. When 
the western counties came to possess a denser 
population, they did not enjoy fair representa- 
tion in the legislature, and, through it, in the 
executive and judicial departments. The east 
and the west comparatively soon after 1776 



cession convention was voted down by the 
people by a majority of 195 as late as Febru- 
ary 28, 1861. The call of President Lincoln, 
on April 15, for two regiments from North Car- 
olina changed the situation. On May 20, 1861, 
North Carolina went out of the Union. The 
capital was captured by General Sherman on 
April 13, 1865, and the state was under a mil- 
itary government until May 29, 1865, when 
Governor Holden, who had been appointed by 
President Johnson as provisional governor, 
undertook the task of reconstructing the state. 
A convention, held in October, 1865, declared 
that secession had never legally existed, and 
passed an ordinance against slavery. This con- 




BOUNDARIES OF THE STATE OF NORTH CAROLINA 



became vigorous, if not bitter, opponents of 
eaeli otlier. The east was Anti-Federal or 
Democratic; the west, Federal or Whig. The 
east had important waterways; the west had 
practically no cheap or effective means of 
transportation, and was eager that the state 
take a leading part in internal improvements, 
especially in the building of railways. From 
1820 to 1835 the pressure for a constitutional 
convention grew, and a convention was held 
in June- July, 1835. The amendments of the 
constitution were fundamentally important. 
They provided for a senate of 50, elected bien- 
ially from districts, which should be formed 
every twenty years by the assembly, and for 
a house of 120, elected from the counties ac- 
cording to population. They provided for the 
election of the governor bienniallv, bv the Deo- 
ple instead of by the assembly. The property 
qualification was changed only for the member 
of the house; he was now required to possess 
no land; by the constitution of 1776, at least 
100 acres. - 

Secession and Reconstruction. — The Whigs 
were in control of the political power from 
1835 to 1850 and internal improvements con- 
stituted the chief political issue. The Demo- 
crats were in the ascendency from 1850 to 
1860, and slavery became a prominent political 
issue. The idea of secession came to the front 
as early as 1854. A proposition to call a se< 



557 



vention, in an adjourned session, in May, 1866, 
reconstructed the constitution (that of 1776 
and 1835 was revised in 1861), but this was 
rejected by a vote of the people. Congress 
refused to accept the reconstruction of Presi- 
dent Johnson, and in March, 1867, North Caro- 
lina was again placed under a military govern- 
ment. A new constitutional convention was 
called by an election in November, 1867, and 
was held early in 1868. A new constitution 
was adopted in March, 1868, by the convention, 
and was ratified by the people. This was ap- 
proved by Congress on June 25. An assembly 
met July 1, 1868, and ratified the Fourteenth 
Amendment; and, on July 11, North Carolina 
was proclaimed again legally in the Union (see 
Reconstruction ) . 

Constitutions. — The most important points 
in the constitution of 1776 and of its amend- 
ments in 1835 have been noted. That of 1868 
contained a number of important modifications. 
It abolished all property qualifications for the 
governor and the members of the senate, and 
established manhood suffrage. The term of the 
governor was increased from two years to four 
and the other executive officers were to be elect- 
ed directly by the people. The supreme court, 
was increased from three to five judges, and 
these were to be elected by the people for a term 
of eight years, instead of by the assembly. 
The superior courts were enlarged to 12, and 



NORTH DAKOTA 



their judges were to be elected by the people, 
for a term of eight years. The right to secede 
was denied. The constitutional convention of 
1875 formulated a new constitution, though it 
was in no important points essentially differ- 
ent from that of 1868. The supreme court 
judges were reduced to three, by a constitution- 
al amendment in 1887 they were again made 
five, and the superior court judges nine. The 
number of the superior courts was, however, 
left to the legislature to change, and at present 
it is 20. Suffrage was made upon the basis 
of manhood and the payment of taxes. 

The basis of suffrage was changed by a 
constitutional amendment in 1900. It was now 
required that the voter should read and write, 
in the English language, the constitution of 
the state. One important exception was, how- 
ever, made to this limitation. All males, 
who on January 1, 1867, could vote in any 
state in the United States, and lineal 
descendants, were allowed to register and vote, 
as long as they did not disqualify themselves, 
without any educational qualification, provid- 
ed they should register before December 1, 
1908 (see Grandfather's Clause; Negro 
Suffrage). 

Present Government. — The chief points in 
the present constitution have been given, and 
it. remains merely to tell of the government at 
work. The governor, who for many years was 
largely a representative of the general assem- 
bly, rather than of the people, has come to be 
the leader of his party, and of the state in 
actual operation. Though he has no power to 
veto any legislative bills, his recommendations 
of legislation have considerable influence {see 
Veto Power). The legislature, which holds 
regular biennial sessions, and which is the 
final source of all laws, consists of 50 senators 
and 120 representatives. This body has been 
a comparatively conservative one. It has been 
slow to increase taxes and to make effective 
provisions for the assessment of property; it 
has failed thus far to create a separate body 
of tax commissioners. It has been slow to 
expend the public funds, which have been rela- 
tively small, for education and internal im- 
provements. It has for the most part enacted 
little radical legislation. The supreme court, 
now of five members, has remained the court of 
appeal and review, and it has usually kept pace 
with its business. The superior courts, now 
20 in number, each with a judge and a solicit- 
or, perform the larger tasks in the judicial 
system. They have not, for the most part, 
been able to maintain a reasonably up-to-date 
record; their business has become too large 
for their present equipment. Lynching, which 
has been comparatively common, has in part 
been due to the lack of efficiency of the supe- 
rior courts and of the county executive — the 
sheriff and his deputies. 

Local Government. — The county, with its 
units — the townships— has always been an im- 



portant part of North Carolina government. 
Its board of commissioners and its school and 
highway committees or commissions have been 
important bodies, with both legislative and 
executive functions. The superior court of the 
state always operates through the county. 
The county's most important officer is its clerk 
of the superior court. The justice of the peace 
exercises his very limited civil and criminal 
jurisdiction within his township. He has the 
power to "bind over" to the superior court. 
He may decide in criminal cases, the punish- 
ment of which does not exceed a fine of $50.00 
or an imprisonment of thirty days, and in con- 
tract cases, the amount of which is not over 
$200.00. The town government of North Caro- 
lina is a much more modern institution. The 
legislature by a charter grants, the right of 
municipal government to the town, and pro- 
vides for its machinery. This has until re- 
cently had a mayor and aldermen; now there 
are four instances of the commission (see) gov- 
ernment. The creation of the recorder's court, 
in a number of the larger towns, has done 
much towards a more efficient enforcement of 
justice, as well as toward relief of the superior 
courts. 

Political Parties. — Government in North Car- 
olina, whether state or local, has been largely 
partisan; it has for many years been either 
Democratic or Republican. From 1876 to 1896 
the Democrats were in control of the political 
power in the executive, legislative, and judicial 
departments, in the counties and towns, as well 
as the state. The Republicans were the mas- 
ters 1868-76, and again 1896-1900. Since 1900 
the Democrats have been in the ascendency. 
The Democratic majority for the presidential 
electors has been as follows: about 33,000 in 
1892, 19,000 in 1896, 24,000 in 1900, 41,000 in 
1904, 22,000 in 1908, 75,000 in 1912. 

Population. — There were 393,751 people in 
North Carolina at the first census (1790), of 
whom 105,547 were negroes. By 1850 it had 
grown to 869,039 (316,011 negroes), by 1900, 
to 1,893,810 (624,469 negroes), and by 1910, 
to 2,206,287. 

See Reconstruction. 

References: C. L. Raper, North Carolina 
(1904) ; E. W. Sikes, Transition of North Car- 
olina from Colony to Commonwealth (1898) ; 
C. C. Weaver, Internal Improvements in North 
Carolina Previous to 1860 (1903) ; H. M. Wag- 
staff, State's Rights and Political Parties in 
North Carolina, 1776-1861 (1906) ; J. G. de R. 
Hamilton, Reconstruction in North Carolina 
(1906) ; F. N. Thorpe, Federal and State Con- 
stitutions (1909), V, 2743-2843. 

Charles Lee Raper. 

NORTH DAKOTA. The first permanent set- 
tlement in the state was made about 1819, at 
Pembina, by some Canadians under the leader- 
ship of two Catholic priests, Provencher and 
Dumoulin. In 1850, the population of this 



558 



NORTH DAKOTA 



portion of the territory is reported in the 
United States Census as 1,116, mostly half- 
breed hunters and trappers, a transient 
population of Canadian origin, which is 
still numerously represented in the north- 
ern counties of the state. The Sioux out- 
break of 1862, and the consequent abrogation 
of all land treaties by the Federal Government 
with the Indians involved in the war, cleared 
large tracts of land of the Sioux and destroyed 
their claims to the soil. In the following 
decade, the Indians were placed on reserva- 
tions. The population of northern Dakota in- 
creased from approximately 2,400 in 1870, to 
36,909 in 1880; in 1910 it was 577,056. A 



poses, and the income derived from funds aris- 
ing from the sale of this land, at not less than 
$10.00 per acre, was to be used for the support 
of certain designated institutions. All min- 
eral lands are exempted from the operation of 
this act. 

The state constitutional convention was held 
at Bismarck from July 4 to August 17, 
1889. The constitution drafted at this time 
was adopted. The provision for the prohibi- 
tion of the sale or manufacture of intoxicating 
liquor was submitted to a special vote and was 
passed. The constitution is unusually long, 
containing much that is ordinarily included in 
statute law; it contains provisions for secur- 




UL.POATES 



KAN- 



Boundaries op the State of North Dakota, Showing Territorial Changes 



joint boundary commission, 1872-4, fixed ex- 
actly the international boundary line on the 
north. By 1873 the territory had been re- 
duced so as to include only the present states 
of North and South Dakota (see). 

The federal Enabling Act, approved February 
22, 1889, provided for the admission of 
North Dakota, South Dakota, Montana and 
Washington, with the usual restrictions on 
their proposed constitutions. Provision was 
made for a permanent school fund for the 
state by setting aside sections 16 and 36 of 
every township, which could not be sold for 
less than $10.00 per acre, nor leased for a 
longer term than five years. This fund was 
further increased by adding to it five per cent 
of all proceeds from the sale of public lands 
after the state was admitted. Besides this, 
676,080 acres of the public domain was grant- 
ed to the state, chiefly for educational pur- 



ing the property rights of debtors and married 
women, for preventing the exchange of corpora- 
tion black-lists and for fixing the age limit 
of child labor. The debt limit as provided for 
in the constitution is $200,000, a provision 
which has frequently stood in the way of 
necessary and beneficial legislation. An 
amendment provides for the taxation of public 
service corporations by the state board of 
equalization, consisting of the governor, audit- 
or, treasurer, attorney general and commis- 
sioner of agriculture and labor. 

The legislative department consists of a 
senate of 49 members, holding office for four 
years, and a house of 102 members, elected for 
two years. The executive department consists 
of twelve officials, elected for two years, and 
a large number of boards or commissions, 
filled ex-officio or by appointment for varying 
terms. A pure food commissioner is provided 



559 



NORTH GERMAN CONFEDERATION— NORTHERN SECURITIES CASE 



for by a recent enactment along a new line 
of state control. The state supreme court 
consists of five judges, chosen for six years. 
There are also ten district judges, chosen for 
four years. Two systems of county government 
are provided by the constitution, that by 
county commissioners, and that by the 
chairmen of the township boards. In cities 
of 2,000 population and over, the commission 
plan of city government has been made op- 
tional by a recent law. 

Politically, the state is Republican, but at 
various times in its history, a split in the 
dominant party has resulted in the election of 
state and federal officials from other parties. 
In 1892, during the period of Populist success 
in the West, a fusion governor was chosen, 
and from 1893 to 1899 the state was repre- 
sented by a Democratic United States Senator. 
In 1906, a Democratic governor was chosen and 
he was elected for the third term in 1910. 
One of the prominent issues during the first 
years of his administration was the enforce- 
ment of the state liquor laws in those parts 
of the state where prohibition was practically 
a dead letter. The passage in 1907 of an 
amended primary election law has made an- 
other prominent issue. The law has not been 
all that was hoped for it, and while the prin- 
ciple is universally conceded, its general effect 
in the state elections so far as its form is con- 
cerned has not yet placed it beyond the stage of 
experiment. Up to 1912 the state had a Demo- 
cratic governor with the other executive officers 
of the opposing party, and a Republican legisla- 
ture, in which the senate was controlled by one 
faction and the house by the other. This con- 
dition of affairs had given an unfortunate 
prominence to the question of official patron- 
age, and at times had been detrimental to the 
best interests of the state, though it had been 
accompanied by not a little beneficial legis- 
lation and some wholesome enforcement of 
state laws. In 1912 the state cast its vote 
for the Democratic presidential candidate, but 
elected a Republican governor and legislature. 

See Constitutions, -State, Characteris- 
tics of; State Governments, Characteris- 
tics of. 

References: F. N. Thorpe, State Constitu- 
tions and Charters (1909), V, 2845-2896; 
State Historical Society of North Dakota, Col- 
lections, I, II, III, IV (1913); J. E. Boyle, 
Government of North Dakota (1910). 

O. G. LlBBY. 

NORTH GERMAN CONFEDERATION. See 

Germany, Federal Organization. 

NORTHEASTERN BOUNDARY CONTRO- 
VERSY. The portion most difficult to settle 
of the northern boundary of 1783 was that 
north and east of the state of Maine, described 
as, "a line drawn due north from the source 
of the St. Croix river to the Highlands; along 



the said Highlands which divide those rivers 
that empty themselves into the river St. 
Lawrence from those which fall into the At- 
lantic Ocean, to the Northwesternmost head of 
the Connecticut River." Which of several riv- 
ers in the vicinity was the true St. Croix was 
settled in 1798 by a commission provided for 
in the Jay Treaty of 1794. An effort was 
made to decide on the true highlands by a 
treaty in 1803 which was not ratified; and 
another effort, by the fruitless Monroe-Pinck- 
ney negotiation in 1807. The Treaty of Ghent 
of 1814 provided a commission which labored 
from 1816 to 1822 without deciding. In 1831 
the king of the Netherlands as arbitrator could 
not find sufficient reason for deciding in favor 
of either contention, and drew a compromise 
line which was accepted by neither. The peo- 
ple of Maine and New Brunswick all but came 
to blows in the Aroostook War, 1838-40. Af- 
ter long and difficult negotiations, the present 
boundary was settled by the so-called Ashbur- 
ton Treaty of 1842. See Ashburton Treaty; 
Boundaries of the United States Interior; 
British North America, Diplomatic Rela- 
tions with; Great Britain, Diplomatic 
Relations with; Maine; Massachusetts. 
References: J. S. Reeves, Am. Diplomacy 
under Tyler and Polk (1907), 1-57 and 
references; G. P. Garrison, Westioard Ex- 
tension (1906), 67-84, 343; J. F. Sprague, 
Northeastern Boundary Controversy (1910); 
J. B. Moore, Inst. Arbitrations (1898), I, 161; 
Albert Gallatin, Memoir on the Northeastern 
Boundary (1843). W. R. M. 

NORTHERN SECURITIES CASE. An ac- 
tion in equity was instituted in the proper 
federal court in Minnesota to enjoin the 
Northern Securities Company from exercising 
the power which it had assumed under its 
charter of controlling two naturally compet- 
ing lines of railroad in each of which as a 
holding company it had acquired a majority 
of the stock (Northern Securities Co. vs. 
United States, 1904, 193 U. 8. 197). There 
was a decree against the company, granting 
substantially the relief prayed for by the 
United States; and on an appeal by the com- 
pany to the Supreme Court it was held that 
while the holding company was not directly 
engaged in interstate commerce it was in fact 
formed for the purpose of carrying out 9, 
scheme to so manage the two railroad com- 
panies as that they should cease to be compet- 
ing carriers in interstate commerce and that 
under the Sherman Anti-trust Act {see) it was 
a combination in restraint of such commerce 
and illegal. Four of the justices concurred in 
the view that any combination extinguishing 
competition between otherwise competing rail- 
roads engaged in interstate commerce was il- 
legal under the Sherman Act, and another jus- 
tice concurred in the result upon the ground 
that although the act was only directed against 



560 



NORTHERN SECURITIES CASE 




The Northeastern Boundary Controversy 



unreasonable and unlawful combinations, the 
scheme which the defendant corporation was 
formed to carry out was in fact under the 
circumstances within the prohibition of the 
statute. The Chief Justice and three associate 



S6X 



justices held that the statute did not relate 
to the ownership of stock in corporations en- 
gaged in interstate commerce and that no un- 
lawful combination in restraint of trade was 
shown. The question whether the Sherman j 



NORTHWEST ORDINANCE— NORTHWESTERN BOUNDARY CONTROVERSY 



Act covers all combinations in restraint to 
some extent of interstate commerce or only 
those combinations which are unreasonable 
and therefore unlawful has recently been con- 
sidered in other cases. See Sherman Anti- 
Trust Act. E. McC. 



NORTHWEST 

NANCE OF 1787. 



ORDINANCE. See Ordi- 



NORTHWEST TERRITORY. By vote of 
October 10, 1780, the Continental Congress 
promised that any western territory that came 
to it should be eventually organized into re- 
publican states. To carry out this promise a 
territorial ordinance was passed in 1784 (see 
Territory South of the Ohio River), but 
no government was organized, till the North- 
west Ordinance of 1787 (see). In the final 
draft, the title of Western Territory was 
changed to "Territory of the United States 
northwest of the River Ohio." 

The ordinance was duly put into operation 
through the appointment as first governor by 
Congress', of Arthur St. Clair, who was the 
president of Congress of the Confederation 
when the Ordinance was adopted; he entered 
on his office July 15, 1788. July 26 he created 
the first county, Washington. Winthrop Sar- 
gent, one of the leading spirits in the Ohio 
Company, was made secretary. Under the first 
period of territorial government the governor 
and judges were a temporary legislature with 
power to adopt such laws of the original states, 
as were applicable, subject to the approval of 
Congress. Samuel Holden Parsons of Con- 
necticut, James M. Varnum of Rhode Island, 
and John Cleves Symmes of New Jersey were 
the first judges. The first court was held Sep- 
tember 2, 1788. The governor and judges early 
enacted a system of local government which 
had both New England and middle state fea- 
tures. 

August 7, 1789, the Congress of the United 
States reenacted the Northwest Ordinance, and 
thence-forward the, territorial officials were ap- 
pointed by the President. The governor and 
judges from the first did not observe the pre- 
scription that they must reenact laws already 
made; but the legislature chose a predomi- 
nance of southern and middle state features, 
particularly the methods of Pennsylvania, St. 
Clair's state. The governor successfully as- 
serted' his power to veto laws voted by the 
judges. When in 1799, an elective assembly 
was set up, Governor St. Clair denied the 
right of the assembly to make new counties, 
and therefore vetoed new bills of the first legis- 
lature, six of which were for erection of new 
counties. Congress sustained the assembly. 

This new legislature was aided by William 
Henry Harrison who had now become secretary. 
May 7, 1800, Congress passed an act setting 
up a new territory of Indiana in the western 
part, and Harrison was made governor. St. 



Clair continued for the time governor of the 
Northwest Territory, but in November, 1802, 
Jefferson removed him; and shortly after the 
territory merged in the state of Ohio, finally 
admitted to the Union in February 19, 1803. 

See Boundaries, Interior; Emancipation 
by States; Illinois; Indiana; Michigan; 
Minnesota; Ohio; Ohio Company; Public 
Lands and Public Land Policy; Public 
Lands, Reservations of; Scioto Company, 
Slavery Controversy ; Territories of the 
United States ; Wisconsin. 

References: B. A. Hinsdale, Old Northwest 
(2d. ed., 1889); T. Roosevelt, Winning of the 
West (2d ed., 1896); J. Winsor, Westioard 
Movement ( 1897 ) ; J. M. Merriamj "Legislative 
Eist. of the Northwest Ordinance," in Am. An- 
tiquarian Soc, Proceedings, V (April, 1888) ; 
W. P. and J. Cutler, Life of Mariasseh Cutler 
(1888); M. Cone, Life of Rufus Putnam 
(1886) ; D. G. McCarty, Territorial Governors 
of the Old Northwest (1910); C. Meyerholz, 
Federal Supremacy over the Territories of the 
U. 8. (1906) ; Histories of Ohio, Indiana, Illi- 
nois, Michigan and Wisconsin; C. Moore, The 
Northwest under Three Flags, 1635-1196 
(1900). A. B. H. 

NORTHWESTERN BOUNDARY CONTRO- 
VERSY. Whatever rights Spain retained by 
the Nootka Sound Convention (see) to that 
portion of the northwest coast north of 42° 
passed to the United States in the treaty of 
1819. America had already acquired sev- 
eral other bases for claiming the territory. In 
1792 Captain Gray discovered, explored and 
named the Columbia river; in 1805 Lewis and 
Clarke reached the sources of the Columbia 
river, and descended to its mouth; in 1811 the 
fur-trading settlement at Astoria was formed. 
By treaty in 1824 Russia withdrew from the 
country south of 54° 40'. This left only the 
English and American claims. Fruitless ef- 
forts at diplomatic settlement had been made 
in 1806 and again in the negotiations at Ghent 
in 1814. In 1818 joint occupancy was agreed 
upon for ten years. New negotiations in 
1821 and 1824 failing, the joint occupation 
was in 1827 indefinitely continued. In 1846 
the line 49° which had been established as far 
as the Rocky Mountains in 1818 was con- 
tinued to the middle of the main channel 
separating Vancouver Island from the main- 
land and thence to the Pacific. The dispute 
as to which was the main channel was settled 
by arbitration of the German Emperor pro- 
vided for in the Treaty of Washington of 1871. 
See Boundaries, Exterior; Great Britain, 
Diplomatic Relations with; Russia, Diplo- 
matic Relations with; Spain, Diplomatic 
Relations with; Oregon; Washington. 
References: J. S. Reeves, Am. Diplomacy un- 
der Tyler and Polk (1907), 190-264; G. P. 
Garrison, Westward Extension (1906), 
157-173, 343; J. B. Moore, Digest of 



562 



NOTES, UNITED STATES 




Boundary proposed by United States In 
1818, 1824 & in 1845. 

Boundary proposed by Gt. Britain, 1824, 
and again in 1827 & in 1844 with a de- 
tached territory. A 

Boundary proposed by Gt. Britain, 1846; 
accepted, agreed to & established by 
Treaty, Aug. 1846. 

Claimed by Gt. Britain 1846-1871. 

Claimed By U.S. as boundary line 
to 1871 and so awarded by the arbitrator^ 
Oct. 21. 1872. 



122° Longitude West 118° from Greenwich Hi 



The Northwestern Boundaky Controversy 



Int. Law (1906), § 835, Arbitrations 
(1898), I, 196-23G, R. Greenhow, Oregon 
(1844), chs. xvii, xviii; E. G. Bourne, Essays 
in Historical Criticism (1901), § 1; Travers 
Twiss, Oregon Question ( 1846 ) ; H. H. Ban- 
erott, Nortlvwest Coast (1884), Oregon (1886), 
Washington, Idaho and Montana ( 1890 ) ; W. 
MacDonald, Select Documents (1897), Nos. 70, 
74; A. B. Hart, Foundations of Am. Foreign 
Policy (1901), §§ 26, 67; W. I. Marshall, 
Acquisition- of Oregon (1911). W. R. M. 

NOTES, UNITED STATES. A term applied 
to the various forms of paper currency issued 
by the Federal Government of which the prin- 
cipal ones are: (1) treasury notes, not legal 
tender, commonly issued in large sums or 
denominations, especially in 1812-1814, 1837- 
1840, 1861-1868; (2) legal tender notes, first 



issued in 1862, and still in circulation; (3) 
fractional currency, issued during the Civil 
War, no longer in circulation, all that was 
presented having been redeemed; (4) silver 
certificates, secured by coin or bullion in the 
Treasury, first issued in 1878; (5) gold certi- 
ficates, secured by gold coin or bullion, first 
issued in 1865; (6) silver notes, issued under 
the Sherman Act of 1890, made legal tender 
at their face value and redeemable in "coin"; 
( 7 ) national bank notes, printed by the govern- 
ment for the banks since 1862, and guaranteed 
by bond deposits held in the treasury. See 
Bills of Credit; Currency, Continental; 
Currency, Fractional; Redemption of 
Currency; Gold Certificates; Inflation; 
Legal Tender Controversy. References: J. 
J. Knox, U. S. Notes (1880) ; D. R. Dewey, 
Financial Hist, of the V. 8. (1903, 3d ed., 1907) 



563 



NOVA SCOTIA— NUISANCES, ABATEMENT OF 



passim, Hist, of Banking in the U. 8. (1900) ; 
Horace White, Money and Banking (1896, 2d 
ed., 1902 ) ; Am. Year Book, 1910, 340, and 
year by year; bibliography in Channing, Hart 
and Turner, Guide to Am. Hist. (1912), §§ 
237, 243, 252, 262. A. B. H. 

NOVA SCOTIA. One of the three maritime 
provinces of Canada {see). It comprises the 
peninsula lying southeast of New Brunswick 
(see), and has an area of 21,428 square miles. 
Its population at the last official census 
(1911) was 492,338 an increase of only 
33,000 over the population of a decade pre- 
ceding. Nova Scotia was the site of the 
earliest European settlement in all the terri- 
tory now comprised within the Dominion of 
Canada. In 1604 the Sieur de Monts received 
a charter from Henry IV of France, granting 
to him the territory of Acadia which, by the 
terms of the charter, comprised the whole At- 
lantic coast line from Florida to Labrador. 
With the cooperation of Champlain settlements 
were established in the new territory, particu- 
larly at Port Royal, now Annapolis. In 1607 
De Monts lost his charter but the work was in 
time taken up under new grants. England, 
however, also claimed this territory, and, dur- 
ing the next hundred years, it was the scene 
of an intermittent struggle between the French 
and English, terminating in the cession of 
Acadia to England by the Treaty of Utrecht 
(1713). France, however, retained Cape Bre- 
ton (then known as He Royale) and Prince 
Edward Island (then known as He St. Jean). 
On the former island France established her 
formidable fortress of Louisburg, while Eng- 
land, some years later, established fortified 
headquarters at Halifax. In 1755 came the 
famous expatriations of the Acadians or 
French settler? from the region of the Bay of 
Fundy, and in 1763, at the close of the Seven 
Years War, Cape Breton and Prince Edward 
Island were included in the territories finally 
ceded to England. 

Some few years preceding the final cession, 
representative government had been established 
in Nova Scotia and the first parliament, con- 
sisting of twenty-two elective members, had 
convened at Halifax in 1758. The province 
then included what is now New Brunswick, 
and, after the Treaty of Paris, Cape Breton 
and Prince Edward Island were also incor- 
porated within its jurisdiction. After the close 
of the Revolutionary War, however, the popu- 
lation was greatly increased by an influx of 
Loyalists from the thirteen states, and in 
1784 New Brunswick and Cape Breton were 
given rank as separate provinces, the latter 
being reincorporated with Nova Scotia, how- 
ever, in 1820. 

Like the other provinces, Nova Scotia under- 
went during the first half of the nineteenth 
century the long struggle for responsible gov- 
ernment, which culminated successfully in 



1848 owing chiefly to the perseverance of the 
Reform party under the leadership of Joseph 
Howe. In the movement for confederation 
Nova Scotia took a prominent part and became 
one of the "charter members" of the Dominion 
of Canada in 1867. 

The province of Nova Scotia is represented 
in the Dominion Parliament (see Paeliament, 
Canadian) by ten senators and eighteen mem- 
bers of the house of commons. Its provincial 
government consists of a lieutenant-governor, 
appointed for a five-year term by the governor- 
general of the Dominion; an executive council 
or ministry, chosen by the lieutenant-governor, 
but responsible to the legislative assembly; a 
legislative council of twenty-one members, ap- 
pointed for life by the lieutenant-governor on 
the advice of his ministry, and -an elective 
legislative assembly of thirty-eight members. 
From time to time demands have been made to 
abolish the legislative council, but these have 
been unsuccessful. The province receives, un- 
der the provisions of the Act of Confederation, 
an annual subsidy from the federal treasury. 
The provincial capital is at Halifax. 

See CANADA; CANADIAN PEOVINCES. 

References: J. B. Calker, Hist, and Geogra- 
phy of Nova Scotia (1878); W. Kingsford, 
Hist of Canada (1894), VII. W. B. M. 

NUISANCES, ABATEMENT OF. The abate- 
ment of common nuisances means the removal 
of conditions which are obnoxious to public 
health, safety, morals or order or to other 
public rights, and which are consequently con- 
trary to law. The most familiar and usual 
instances of a common nuisance are encroach- 
ment upon public highways, imminently dan- 
gerous structures, disorderly houses, infected 
articles or animals, vermin or pests, unwhole- 
some food, and obscene publications. The 
abatement may be ordered by a court after a 
conviction upon an indictment or information 
for maintaining the nuisance, or it may be 
undertaken without such judgment (summary 
abatement). In either case the abatement 
must not extend beyond the suppression or 
removal of the illegal or obnoxious condition, 
so that, for instance, a house used for disorder- 
ly purposes may not be destroyed, and it has 
even been held that a saloon in which liquor 
is illegally sold may not be locked by force 
so as to deprive the owner of access or posses- 
sion (Baldwin vs. Smith, 82 III. 162). 

It is not uncommonly stated that any per- 
son may abate a common nuisance and there 
is judicial authority to support that statement. 
Where the question, however, has been brought 
to a direct issue the weight of authority seems 
to limit the power of summary abatement by 
two conditions, first that the person undertak- 
ing the abatement have a special i. terest or 
be personally aggrieved by the nuisance, and 
second, that the abatement be unaccompanied 
by any breach of the peace. These limitations 



564 



NULLIFICATION CONTROVERSY 



are of particular importance in determining 
the powers of officers to abate nuisances. No 
common law officer (sheriff, constable, etc.) 
had, as such, any greater power to abate nui- 
sances than an individual ; even for the removal 
of obstructions on highways the older English 
statutes required an order of the justice of 
the peace, and the power of summary abate- 
ment was conferred upon highway officers by 
statute only in the nineteenth century. In 
America statutory power of abatement is 
found as early as the colonial times with ref- 
erence to highways (See Roads) and it has 
been held in Wisconsin that the power belongs 
to highway officers at common law, but this 
decision was later qualified by holding that it 
applies only where the obstruction was wilful- 
ly placed (26 Wis. 546; 37 Wis. 84). Notwith- 
standing the decision referred to, the existence 
of the common law or inherent power of of- 
ficers to abate nuisances must be considered 
doubtful. 

Under the more conservative view, therefore, 
the power of an officer to abate a common 
nuisance should rest upon statutory authority. 
Such authority is commonly conferred with 
reference to highways, and is also found in 
connection with most of the other classes of 
nuisances above mentioned. The power to 
abate nuisances is also frequently found in city 
charters, but the power there appears as one 
granted to the city council and in order to 
be made effectual in practice, must be further 



delegated to administrative officers by ordi- 
nance. This is not uncommonly done in con- 
nection with safety, health, morals and public 
order, and specially with reference to high- 
ways. But it is not common to find either in 
statutes or ordinances a general power to 
abate unspecified nuisances of any kind what- 
soever granted to officers having general execu- 
tive authority like the mayor, sheriff, constable, 
or police. 

The summary abatement of nuisances being 
recognized by common law, it is held not to 
violate the constitutional guaranty of due pro- 
cess of law (211 U. 8. 306). The actual ex- 
istence of a nuisance is, however, a jurisdic- 
tional prerequisite to the action of the officer, 
who, according to the better views, is personal- 
ly liable for destroying property, which is not 
in fact a nuisance. The aggrieved individual 
has consequently his day in court, after, if 
not before, the invasion of his property 
rights, and of this day in court the legislature, 
it seems, cannot deprive him. There is, how- 
ever, no redress either against the municipality 
or the state for the unwarranted abatement 
of an alleged nuisance. 

See Contagious Diseases; Dangerous 
Callings; Garbage Removal; Health, Pub- 
lic, Regulation of; Municipal Housing; 
Police Power; Tenement Houses. 

Reference: F. J. Goodnow, "Summary Abate- 
ment of Nuisances" in Columbia Law Review, 
II (1902), 203. Ernst Freund. 



NULLIFICATION CONTROVERSY 



Industrial Conditions, 1820-1830.— With the 
westward movement of population after the 
War of 1812, the states of the south Atlantic 
seaboard underwent serious economic change. 
Emigrants from the older states moved into 
the fertile fields of the new southwest. The 
older sections felt the drain of population and 
of wealth and in some regions there was real 
distress. The new and fresh plantations of 
the southwest began to yield large quantities 
of cotton. With the increase of the product 
a fall of prices naturally ensued and this was 
particularly felt by the planters of the east 
in their competition with the owners of the 
unexhausted fields of the new west. The dif- 
ficulty was attributed to the tariff, which may 
indeed have borne somewhat heavily on the 
producers of the great staples. 

The tariff agitation in the third decade of 
the nineteenth century aroused the South and 
especially the older South to vigorous opposi- 
tion. In 1827 and 1828 there was much 
excitement and a large element in South Caro- 
lina was already prepared for extreme meas- 
ures. Dr. Cooper, President of South Caro- 
lina College, lustily preached the doctrine of 



free trade and declared that it was time to 
measure the value of the Union in comparison 
with the well-being of the state. South Caro- 
lina, in the past, had, on the whole, cherished 
sentiments of nationalism; but there were now 
many men ready to assert the rights of the 
states denounces the tyranny and oppression 
of the central government. The tariff acts 
of 1828 and 1832 drove the malcontents to a 
high pitch of excitement. 

Calhoun's Papers. — The theory for state op- 
position was fully outlined by Calhoun (see). 
He had had the sympathies of strong national- 
ism. Though it may not be perfectly clear 
that he had stood for a doctrine strictly and 
logically in opposition to the whole doctrine 
of state sovereignty, it is plain that he had 
favored a broad and generous construction of 
the Constitution. In 1828 he drew up a gen- 
eral statement or report known as the "South 
Carolina Exposition," which accompanied a 
set of resolutions from the legislature protest- 
ing against the constitutionality of the tariff. 
In this "Exposition" Calhoun states and ela- 
borates the doctrine of nullification. In later 
papers — "Address on the Relations which the 



565 



NULLIFICATION CONTROVERSY 



States and General Government Bear to Each 
Other" (1831) and his "Letter to Governor 
Hamilton" (1832) — he further presents the 
same theories. He wished to. present a theory 
which, in operation, would enable a state to 
secure its ends without war or secession from 
the Union. 

South Carolina Acts. — There was a strong 
Union party in South Carolina, and the whole 
state was agitated by the controversy. In 
spite of the persistence of the Union element, 
a legislature was chosen which authorized a 
convention to discuss the tariff laws and the 
remedies for the evils (1832). This conven- 
tion met in November and passed an ordinance 
declaring the tariff laws null and void. The 
legislature was authorized to adopt measures 
for giving full effect to the ordinance; appeal 
from a state court to the Supreme Court of the 
United States was not to be allowed when the 
case involved the authority of the ordinance, 
the validity of the acts of the legislature passed 
to carry it into effect, or the validity of the 
acts of Congress. All officers were to take an 
oath of obedience to the ordinance and the 
consequent legislative enactments. Finally 
the ordinance solemnly declared that an effort 
to compel obedience to the act of Congress 
"otherwise than through the civil tribunals of 
the country" would be ground for secession. 
The ordinance was issued November 24, 1832. 
The first of the following February was fixed 
as the time beyond which the enforcement of 
tariff laws within the state should not be 
allowed. The convention also drew up an 
address to the people of the various states, 
announcing its principles which were in es- 
sence those already put forth by Calhoun. In 
obedience to the mandates of the convention, 
the legislature passed a series of acts to give 
the ordinance effect. 

Jackson's Proclamation. — President Jackson 
issued, December 10, a proclamation, an able 
state paper, taking up the gage of battle and 
vigorously attacking the constitutional theories 
of South Carolina. The whole subject was of 
course discussed arid rediscussed in Congress, 
but as the days went by there seemed little 
prospect of speedy action. Before the first of 
February a meeting in Charleston informally 
suspended the ordinance and thus a clash of 
authority was delayed. On the first of March 
two acts were passed by Congress, one provid- 
ing for the gradual lowering of the tariff; the 
other, the so-called "force-bill" {see), for the 
enforcement of the laws. 

The Co-States. — In the meantime the "co- 
states," to use the words of the ordinance, re- 
sponded, and the responses brought South Car- 
olina small comfort. A few of them con- 
demned the tariff laws; but even in Georgia, 
which had been much excited over the subject 
of state rights, the legislature was not ready 
to adopt the doctrine of nullification, 
Alabama declared nullification unsound in 



theory, dangerous in practice, and essentially 
revolutionary. Not a single state passed reso- 
lutions upholding the doctrine. Maine an- 
nounced a principle of state rights which fell 
short of state sovereignty, and Virginia point- 
ed to resolutions of an early day (see Vir- 
ginia and Kentucky Resolutions) as con- 
taining the true theory on which the Union 
was based. 

Compromise. — South Carolina stood alone; 
but the compromise tariff gave her opportunity 
to retire gracefully, perhaps even to claim the 
honor of triumph. Spurning the force bill, 
she accepted the compromise tariff act; the 
convention which had been summoned to re- 
assemble even before Congress finally acted, 
met in March and rescinded the ordinance but 
proceeded to declare the force bill unconstitu- 
tional. Thus nullification ended; the author- 
ity of the central government had been assert- 
ed; the states had denounced the theory; but 
South Carolina had secured, unaided by the 
"co-states," an important alteration of the 
tariff laws. 

Theory. — The theory of nullification rests on 
the preliminary theory of state sovereignty 
{see). The states having entered into a com- 
pact remain sovereign, though yielding certain 
rights of government to an agent. If this 
agent, the central government, transcends its 
authority, a state is entitled to announce the 
fact and to declare the unauthorized act void 
and of no effect. The states who are the 
real parties to the compact should then be 
asked to pass authoritatively upon the ques- 
tion, and Calhoun seemed to see, in the provi- 
sion for amendment by the legislatures of three- 
fourths of the states, a means of passing upon 
the validity of governmental action. The re- 
sult of a three-fourths vote in favor of validity 
of any act of the national government ought 
then, it would seem, to be a final judgment. 
But here Calhoun is necessarily vague; at 
least, it is fair to say, on this aspect of the 
subject he did not dwell. Apparently one 
more than one-fourth — seven, let us say, of the 
twenty-four states then in existence — could 
prevent an act of Congress from being recog- 
nized as valid. That was not all, however; 
for of course a sovereign state could not com- 
pletely surrender its will and its power of 
determination, and therefore, even if the de- 
cision of the states by a vote of twenty-three 
to one favored the constitutionality of the acts 
complained of, the complaining state was not 
legally bound; it could acquiesce or it could 
leave the Union. Calhoun naturally tried to 
make out, by his elaborate portrayal of 
the process, that it was not essentially dis- 
organizing and destructive. He insisted that 
nullification was conservative or preservative; 
without such a process a state would be com- 
pelled to leave the Union at once, whenever it 
believed an act to be beyond the powers of 
the central agent; but by nullification a state 



566 



NURSES, DISTRICT 



would call attention to illegal and unauthor- 
ized procedure, might enlist the support of the 
other states, might call the disobedient agent 
back within the limits of its authority, and 
thus save the Constitution and not break up 
the union. According to Calhoun nullification 
might well be justified; its purpose was_ to 
save the Constitution. In case the central 
government, the agent of the "co-states," ex- 
ceeded its authority, it was more than the 
right, it was the duty of the state to resort to 
this process. Secession would be justified only 
by unconstitutional action by the co-states 
themselves. 

It is unnecessary to present arguments here 
against the theory of the right of nullification; 
it had, as we have seen, little support at the 
time. It rests on the doctrine of state sover- 
eignty, and any one believing the states were 
sovereign before the Civil War, has in mind 
the basis for the belief in nullification. Though 
nullification has at times been rejected by ad- 
vocates of state sovereignty, there appears to 
be no logical inconsistency. 

That a minority of states or even one state 
might check or restrain the action of govern- 
ment was not in Calhoun's mind an objection 
to his theory. He rejected totally the idea 
that a numerical majority should govern, and 
he presented the theory of "concurrent ma- 
jority," in accordance with which each interest 
or portion of the community would have a 
negative on the others. As Calhoun later said: 

•It is this negative power— the power of prevent- 
ing or arresting the action of the government— be 
it called hy what term it may— veto, interposition, 
nullification, check or balance of power— which, in 
fact, forms the Constitution. 

See Virginia and Kentucky Resolutions; 
Secession; South Carolina; State; State 
Sovereignty. 



References: G. Hunt, John C. Calhoun 
( 1907 ) , 75-169 ; D. F. Houston, Critical Study 
of Nullification in South Carolina (1896) ; 
J. C. Calhoun, Works (R. K. Cralle, Ed., 1853- 
1855), I, II, VI; State Papers on Nullification 
(1834); H. V. Ames, State Documents on 
Federal Relations (1906), 164-190; W. Mac- 
Donald, Jacksonian Democracy (1906), ch. ix; 
J. S. Bassett, Life of Andrew Jackson (1911), 
II. Andrew C. McLaughlin. 

NURSES, DISTRICT. The larger munici- 
palities of this country have begun, since 1905, 
to employ nurses for the benefit of public 
health and for the assistance of those in need 
of their services. In Boston such nurses are 
employed in the schools and in the visitation 
and instruction of cases of tuberculosis and 
other contagious diseases, some of them acting 
under the school committee, others under the 
board of health, still others under the consump- 
tives' hospital department. In Chicago there 
are free district nurses at the service of any- 
one in their district. Doubtless, in future, 
an increasing share of medical work, both cura- 
tive and preventive, will be done through such 
public nurses. In the public schools they do 
great part of the medical work. See Chari- 
ties, Public Agencies for; Contagious Dis- 
eases; Dispensaries, Free; Health, Public, 
Regulation of; Hospitals, Public; School 
Hygiene. References: Mabel Jacques, District 
Nursing (1911) ; C. A. E. Winslow; "The Robe 
of the Visiting Nurse in the Campaign for Pub- 
lic Health" in American Journal of Nursing, 
August, 1911; H. B. Favill, "Addresses Given 
at the Twenty-Fifth Anniversary of the Boston 
Instructive District Nursing Association" in 
American Journal of Nursing, October, 
1911; The Visiting Nurse Quarterly, Janu- 
ary, 1910. R. C. C. 



567 



OATH OF OFFICE— OCCUPATIONAL DISEASES 



O 



OATH OF OFFICE. It is usual to require of 
one who enters upon the discharge of a public 
office or trust for which he has been selected 
that he make a declaration in a formal and 
solemn manner that he will faithfully dis- 
charge the duties of such office or trust. The 
method and substance of such declaration are 
often prescribed by constitutional provisions. 
In the Federal Constitution a form of oath is 
prescribed for the President (Art. II, Sec. i, 
If 7 ) . It is further provided that Senators and 
Representatives in Congress and the members 
of the several state legislatures, and all execu- 
tive and judicial officers both of the United 
States and of the several states shall take oath 
to support the Federal Constitution (Art. VI, 
If 3). E. McC. 

OBITER DICTUM. A remark, or statement 
of opinion of law, made by a judge in the 
course of his "opinion" but not necessary to the 
decision of the case, or upon a point not in- 
volved in the decision, and therefore lacking 
the authority of an adjudication. Reference: 
Cohens vs. Virginia, 6 Wheat. 264, 399. 

H. M. B. 

OBSERVATORIES, PUBLIC. From colonial 
times some of the boundaries were defined as 
following parallels of latitude or meridians, 
the ascertainment of which was a geometrical 
problem; but there was no public observatory 
as a point of departure though several of the 
early colleges had telescopes and other astro- 
nomical instruments. In 1807 the creation of 
the coast survey gave additional reason for a 
government institution, which would accurate- 
ly establish certain fixed points as a basis for 
the charts of the coast. Another governmental 
task was a provision of data for mariners so 
that they might fix their positions at sea. 

These three tasks were the main reasons for 
the establishment of the naval observatory in 
Washington in 1844. From that time the di- 
rector has always been a naval officer, some- 
times retired; but the rather rapid succession 
of directors, none of whom had spent his life 
in the science of astronomy, has prevented that 
observatory from standing alongside the simi- 
lar government institutions, such as the ob- 
servatories of Greenwich and Paris. From the 
naval observatory proceed a series of publica- 
tions under the title of Annals; and the quin- 
quennial Nautical Almanac. The appropria- 
tions for the support of the naval observatory 
for the fiscal year 1911-12 were $92,130. See 



Education as a Function of Government; 
Science, Public. Reference: Director of Naval 
Observatory, Annual Reports. A. B. H. 

OBSTRUCTION, LEGISLATIVE. See Fili- 
bustering in Legislative Bodies. 

OCALA PLATFORM. A Farmers' Alliance 
convention was held in Ocala, Florida, Decem- 
ber, 1890. It did not present a candidate for 
the presidency but put forward a platform de- 
manding the free and unlimited coinage of sil- 
ver, the abolition of national banks, laws pre- 
venting dealing in futures, and laws prohibit- 
ing alien ownership of land. See Farmers' 
Alliance; Populist Party; Silver Coinage 
Controversy. A. C. McL. 

OCCUPATIONAL DISEASES. Legislation 
requiring physicians to report cases of certain 
well-defined occupational diseases, such as 
poisoning from lead, phosphorous, arsenic, 
mercury, or their compounds, anthrax, or com- 
pressed-air illness, precisely as contagious dis- 
eases are reported, although in successful oper- 
tion in European countries for many years, was 
first enacted in the United States in 1911. 
Eight states have now (1913) passed such laws 
which are expected to furnish information 
which may be used in improving, in many oc- 
cupations, work conditions which seriously im- 
pair the health, vitality, energy, and industrial 
efficiency of wage workers. See Employers' 
Liability; Factory Legislation; Health, 
Public, Regulation of; Labor, Protection 
to. References: Sir T. Oliver, Dangerous 
Trades (1902), "Industrial Lead Poisoning" 
in U. S. Bureau of Labor, Bulletin, No. 95, 
(1911) ; J. B. Andrews, "Phosphorous Poison- 
ing in the Match Industry" in ibid, No. 86 
(1910), 31-146, Industrial Diseases and Occu- 
pational Standards (1910) ; A. Hamilton, "The 
White Lead Industry" in ibid, No. 95 (1911) 
189-259 ; F. L. Hoffman, "Mortality from Con- 
sumption in Dusty Trades" in ibid, No. 79 
(1908), 633-875, "Mortality from Occupations 
Exposing to Municipal and General Organic 
Dust" in ibid, No. 82 (1909), 471-638; Illi- 
nois Commission 5 on Occupational Diseases, 
Report (1911) ; Nat. Conferences on Indus- 
trial Diseases, Reports; Am. Assoc, for Labor 
Legislation, Publication No. 10 (1910) ; Am. 
Labor Legislation Rev., I, No. 2 (1911) ; biblio- 
graphy in ibid, II, No. 2 (1912) ; J. Goldmark, 
Fatigue and Efficiency (1912) ; Am. Year Book, 
1910, and year by year. C. F. G. 



568 



OCCUPATIONS— OFFICE 



OCCUPATIONS. See Agriculture; Busi- 
ness, Government Restriction of; Employ- 
ers' Liability; Factory Legislation; Fish- 
eries; Labor; Licenses for Callings; Man- 
ufacturing; Mines and Mining. 

OCCUPATION OF TERRITORY. See Bound- 
aries of the United States; Conquest, 
Right of; Territory, Acquired, Status of. 

OCHLOCRACY. Ochlocracy is a term first 
used by Polybius to describe government by the 
populace. Bluntschli conceived it to be the 
arbitrary rule of the poor and ignorant mass- 
es. According to Polybius, governmental forms 
succeeded each other according to a regular 
rule or sequence. The state began as a despot- 
ism which in time became an aristocracy; the 
latter degenerated into an oligarchy which 
eventually became a democracy;, and finally de- 
mocracy degenerated into an ochlocracy or 
mobocracy. According to him, the govern- 
ment of Rome at one time belonged to this 
class. A modern example, in the opinion of 
some writers, was the government of Paris by 
the commune in 1871. See Political Theo- 
ries, Ancient and Mediaeval. J. W. G. 

OCTOBER STATES. Those states which 
formerly held elections in October instead of 
in November, being of special interest in pres- 
idential campaign years because of informa- 
tion thus gained as to public feeling and on 
account of the effect upon the national elec- 
tion the following month. Ohio and Indiana 
were two important examples. At present 
(1913) the state election in Georgia is in Oc- 
tober; those of Maine, Vermont and Arkansas 
are in September. O. C. H. 

OFFENSIVE PARTISANS. A term applied 
by President Cleveland to the civil officers sus- 
pended by him in 1885 in accordance with his 
pledge with regard to civil service reform in 
which he said he would remove from office "of- 
fensive partisans and unscrupulous manipula- 
tors of local party management." O. C. H. 

OFFICE. In a general sense, an office is a 
public position or employment the duties of 
which are to be discharged by an officer. 

For various purposes it is necessary to de- 
termine what is a public office within constitu- 
tional or statutory provisions. Thus there are 
provisions in the Federal Constitution that 
"no Senator or Representative or person hold- 
ing an office of profit or trust under the United 
States" shall be appointed a presidential elec- 
tor (Art. II, Sec. i, fl 2), and that "no Senator 
or Representative shall during the time for 
which he was elected be appointed to any civil 
office under the authority of the United States 
which shall have been created or the emolu- 
ments whereof shall have been increased dur- 
ing such time," and that "no person holding 



any office under the United States shall be a 
member of either House during his continu- 
ance in office" (Art. I, Sec. vi, U 2). Some 
light is thrown on the meaning in which the 
term "office" is used in these constitutional pro- 
visions by the prescribed method of appoint- 
ment to office, which is that the President shall 
have power to nominate, and by and with the 
advice and consent of the Senate to appoint 
certain specified officers "and all other officers 
of the United States whose appointments are 
not herein otherwise provided for and which 
shall be established by law; but the Congress 
may by law vest the appointment of such in- 
ferior officers as they think proper in the Pres- 
ident alone, in the courts of law, or in the 
heads of departments" ( Art. II, Sec. ii, fl 2 ) . 
While various agents and employees of the 
government in its different departments may 
be provided for, they are not officers of the 
United States unless their appointment is au- 
thorized to be made in one of the methods thus 
provided. The question whether such an ap- 
pointee is an officer may also be important in 
determining the power of removal, for in gen- 
eral the power to remove is coextensive with 
the power to appoint unless expressly or im- 
pliedly limited. The mere fixing of the term 
of tenure for an office does not necessarily 
exclude the power of removal during such pe- 
riod. Only "civil officers" in addition to the 
President and Vice-President are subject to 
removal by impeachment under the provisions 
on that subject in the Federal Constitution (see 
Impeachment). In determining whether a 
position of trust or authority is of such char- 
acter as to render the person holding it an 
officer, it is important to consider not only the 
method of appointment but also the tenure, du- 
ration, emoluments, and duties of the position 
as determined by law. One is not an officer 
whose employment is not continuing and per- 
manent in its nature but only occasional and 
intermittent and whose emoluments are in the 
nature of compensation for services contracted 
to be performed rather than by way of a fixed 
compensation attached to the holding of the 
position; but the fact that compensation is in 
whole or in part by way of fees to be paid for 
official services does not necessarily preclude 
such position being in fact an office. 

The holding of a public office involves the 
right to exercise the public functions appurte- 
nant to such office and to have the fees and 
emoluments belonging to it, and in this sense 
there may be a right to an office which the law 
will recognize and protect. There is no vested 
right, however, in an office, and the powers and 
duties of a public officer may be enlarged or 
restricted by statute or the office itself abol- 
ished without ground of complaint on the part 
of the holder unless some specific constitution- 
al prohibition is violated. But the right to 
the prescribed compensation for official serv- 
ices which have been rendered is in its nature 



569 



OFFICE, OBLIGATION TO ACCEPT— OFFICERS, MILITARY AND NAVAL 



a contract right which can not be impaired or 
taken away. An employment as distinguished 
from an office usually involves the notion of a 
contractual relation. 

See Appointments to Office; Infekior Of- 
ficers; Patronage; Public Officers; Re- 
moval of Public Officials; Tenure of Of- 
fice; Terms of Public Officers. 

References: W. W. Willoughby, Constitu- 
tional Law (1910), I, 166 et seq., 528; J. H. 
Finley and J. H. Sanderson, Am. Executive and 
Exeo. Methods (1908), 251-265. E. McC. 

OFFICE, OBLIGATION TO ACCEPT. Since 
the functions of government can be performed 
only through individuals, the state may compel 
the acceptance of public service. The duty to 
assist in civil administration is analogous to 
that which every citizen owes to assist in the 
maintenance of order in the community where- 
in he resides and to which he owes the pro- 
tection of his life and property. At the com- 
mon law a person elected to a municipal office 
could be compelled by mandamus (see) to ac- 
cept and serve, and his refusal rendered him 
liable to indictment. Similar provisions are 
found in some of the states, but no one already 
holding one office can be compelled to accept 
another (Hartford vs. Bennett, 10 Ohio St. 
441), nor required to accept an office which 
disqualifies him for other offices, as e. g., a 
judicial office, election to which would render 
him ineligible to any other office during the 
term for which he was chosen (Smith vs. 
Moore, 90 Ind. 294 ) . Whether service without 
compensation may be required is an unsettled 
question. It is perhaps needless to add that in 
the United States it is seldom necessary to re- 
sort to compulsion in order to induce accept- 
ance of office, but it is not unknown. See 
Appointments to Office; Public Officers. 
References: F. R. Mechem, Law of Public Of- 
fices and Officers (1890), 155-159; People vs. 
Williams, 145 III 573 (1893). L. B. E. 

OFFICE, QUALIFICATIONS FOR. See 

Qualifications for Office. 

OFFICERS. See Inferior Officers; Offi- 
cials; Public Officers. 

OFFICERS IN CITY GOVERNMENT. The 

chief officers of city government in the United 
States are the mayor (see Mayor), the mem- 
bers of the city council in its single or double 
chambers (see Boards, Municipal; Com- 
mon Council) and the heads of the various 
city departments. In cities which have adopt- 
ed the commission form of government the 
chief municipal officers are the five commission- 
ers, each of whom combines the duties of a 
councilman with those of a department head 
(see Commission System of City Govern- 
ment). Important among the heads of depart- 
ments are the City Clerk, City Treasurer, Cor- 



poration Counsel or City Attorney, City Engi- 
neer, City Physician or Health Officer, Comp- 
troller or Auditor, and the officials, whether 
single commissioners or members of boards, in 
charge of the Public Works, Police, Parks, Wa- 
ter, Sewerage, Poor Relief, and Assessing de- 
partments (see City Attorney, City En- 
gineer, City Treasurer, etc ) . Subordinate 
officers are deputy heads of departments, 
the officials in charge of divisions or 
bureaus, and the whole staff of foremen and 
other directing employees (see Civil Service). 
See Alderman; Boards, Municipal; City At- 
torney; City Clerk; City Engineer; City 
Physician; City Treasurer; Civil Service; 
Commission System , of City Government ; 
Common Council; Mayor; Municipal Gov- 
ernment. References: C. R. Woodruff, Ed., 
City Gov. by Commission (1911); H. Bruere, 
Commission Plan of City Gov. (1912) ; W. B. 
Munro, Government of Am. Cities (1912), ch. 
xi; F. J. Goodnow, Municipal Government 
(1909), ch. xi; J. A. Fairlie, Essays in Munic- 
ipal Administration (1908), chs. ii, iii. 

W. B. M. 

OFFICERS, MILITARY AND NAVAL. A 

year's experience in command of the Continent- 
al Army led Washington to urge Congress to 
secure competent officers, "gentlemen and men 
of character," by an offer of permanent rank 
and liberal pay. He would doubtless have ac- 
cepted the German doctrine that, "Officers are 
the soul of an army" and that discipline de- 
pends upon their indefatigable activity, spotless 
honor, and Spartan self-denial. The methods 
by which capable officers are secured and or- 
ganized require notice. 

Appointment. — Systematic choice is impos- 
sible when thousands of untrained men have to 
be made officers to command armies of re- 
cruits. Military education must be acquired 
during peace, in order to avoid the confusion 
of an unarmed nation on the eve of war; and 
military schools are obviously a convenient 
mechanism for selecting and training those 
adapted to the profession of arms. Will power 
and common sense are indispensable qualities 
for an officer; and these can be tested by dis- 
cipline while the cadet is acquiring an educa- 
tion. Drill is also useful for the development 
of that automatic readiness and easy self-con- 
fidence indispensable to the military or naval 
officer. The national academies at West Point 
and Annapolis furnish a democratic method of 
securing officers, since they are little affected 
by external influences, political or social. 

In every war of the United States the impro- 
vised volunteer armies have been largely un- 
trained. 

Officers, Military and Naval. — During the 
Civil War, the graduates were comparatively a 
handful, though a great many of the success- 
ful commanders were West Point men; 7,500 
volunteer officers were appointed and assigned 



570 



OFFICERS, MILITARY AND NAVAL 



to duty by the Navy Department as soon as 
they had mastered "the rudiments of gunnery 
and nautical routine." Tens of thousands who 
had no professional qualifications except those 
acquired in service, became officers of the vol- 
unteer army by appointment from governors 
of states. 

In 1898 in addition to the 2,143 officers of 
the regular Army about 9000 volunteer officers 
held commissions from the states; but the vol- 
unteers raised for service abroad in 1899 were 
commanded by officers appointed by the Presi- 
dent. The reorganization of the Army in 1901 
led to the appointment of 1,542 officers of the 
line who had not been educated for the serv- 
ice; 616 had served in the volunteers; 414 in 
the ranks of the Army; and 512 were drawn 
from civil life. Counting 276 newly commis- 
sioned cadets, the educated officers filled less 
than half the 2,900 places in the line; and the 
necessity of enlarging the service schools of 
application at once became obvious. In 1861, 
governors commissioned many officers who had 
provided recruits for new regiments, leaving it 
to the War Department to eliminate the unfit 
by sending them before examining boards. 
Many states allowed recruits to elect their 
officers; and Congress sanctioned this method 
on July 22, 1861, though the provision was 
soon repealed as infringing on the rights of 
the states. The practice of raising new regi- 
ments to fill quotas hindered the promotion of 
deserving soldiers in the old regiments at the 
front. An army corps of veterans was author- 
ized in 1864 with officers to be selected accord- 
ing to their military records. 

Though advancement from the ranks of a 
veteran volunteer army should, in the hands of 
impartial superiors, give excellent results, the 
plan is less applicable among professional sol- 
diers during peace. The inevitable disappoint- 
ment of the majority of recruits attracted by 
the hope of promotion may impair discipline; 
and garrison duty affords few opportunities for 
study or for the performance of conspicuous 
service. In 1912 about 29 soldiers received 
commissions in the Army, along with 189 civil- 
ians and 177 cadets. 

Foreign Appointment. — Great Britain selects 
officers by all the methods indicated above, but 
seems to put more trust in competitive examin- 
ations than the American authorities. Coun- 
tries where universal military service prevails 
find means of testing aptitude for command 
and educational qualifications under service 
conditions. German aspirants for a commis- 
sion have to be accepted by vote of a majority 
of the officers of the regiment or station where 
they serve on probation; and this applies to 
carefully educated naval cadets as well as to 
candidates serving in the ranks of the army. 
France sends all her educated cadets to the 
ranks for a year; but many French non-com- 
missioned officers are advanced after a severe 
examination. 



Promotion. — The obvious standard for pro- 
motion is fitness for higher command; neither 
length of service nor acts of gallantry should 
establish a claim for advancement. Retire- 
ment for the veteran, and medals for those 
credited with "extraordinary heroism" — a cur- 
rent note in the margin of the Navy Register — 
are cheaper and safer rewards than the grant 
of responsibility to the unfit. Advancement by 
numbers, as in the Navy, is trivial and unsatis- 
factory; but the law does not allow a naval 
officer to win one of the medals of honor worn 
by officers in the Army and enlisted men in 
both services. 

Elimination. — Promotion by seniority is 
now the rule in the United States except for 
generals in the Army; it formerly applied only 
in regiments of the Army and the resulting 
inequality has now to be corrected by special 
legislation. Assuming that the peace organi- 
zation is sound and that it provides for de- 
veloping and testing the fitness of officers foT 
higher command, this automatically equitable 
system may be commended. Seniority, tem- 
pered by elimination, answers well wherever 
strict and impartial methods can be applied 
Qualifying examinations when promotion be- 
comes due are of moderate utility; but special 
boards, authorized to recommend the retire- 
ment of any officer whose retention or advance- 
ment appears undesirable may affect notable 
improvement. The Navy has had such boards 
since 1899, acting only with reference to the 
higher grades in the service, and the War De- 
partment urges Congress to set up a similar 
eliminating authority for the Army. 

Since some form of regular promotion is a 
vital necessity for a progressive service, it is 
facilitated for the Navy by allowing voluntary 
retirement among the senior officers and by 
compulsory retirement in cases designated by a 
board of rear-admirals. Few of those retired 
under these provisions have served less than 
30 years, and most can count nearly 40. Most 
of the ships are now commanded by captains 
not much over 50, though the rear-admirals 
commanding divisions average ten years more. 
Slow promotion brings an officer into a grade 
where responsibility is great after he has 
passed beyond the plastic years, and often when 
he is on the eve of retirement for age. Plans 
for graduated retirement, with rates of pay 
which make elimination less costly than the 
present method, have been brought before Con- 
gress, which is asked to sanction rates of re- 
tired pay proportionate to length of service. 

Selection. — Selection is advocated by many 
progressive officers; but no comprehensive or 
specific basis appears to be formulated. Ar- 
bitrary or careless selections would not tend to 
efficiency; and any plan which made promotion 
dependent upon external influence would be 
a danger to the services. The General Staff, 
working through the. schools of application, 
might determine the capacity of officers for spe- 



85 



571 



OFFICEKS, MILITAKY AND NAVAL, RETIREMENT OE— OFFICES, MULTIPLICITY OF 



cial duties and thus find a practical rule for 
selection. Any unsystematic or uncandid anal- 
ysis of service records is apt to result in in- 
justice. The President appoints brigadier- 
generals by selection subject to confirmation 
by the Senate. 

Assignment. — The power of detailing officers 
for specific posts and commands is of greater 
public utility than any system of distributing 
rank as a reward for past services. If respon- 
sibility had to follow rank in all cases sweep- 
ing measures for compulsory retirement would 
precede the opening of every active campaign. 
But the President and the Departments at 
Washington have always chosen the command- 
ers of military or naval expeditions with little 
regard for relative rank. The Navy has never 
had anything like the permanent organization 
of a regiment, the officers of ships receiving or- 
ders for the cruise only. The staff corps of the 
Army are now supplied with officers by de- 
tails for a fixed period, and a statutory limita- 
tion of detached service was enacted in 1912. 
Certain heads of bureaus are appointed by the 
President for four years; but all other as- 
signments are made by authority of the Secre- 
tary of War or the Secretary of the Navy. 

Rank and Pay. — The number of officers in 
the different grades is fixed by Congress, and 
appointments are made by the President and 
confirmed by the Senate. 



after 6 years service and paid from $1500 to 
$2250 per annum. Though the officers of the 
various staff corps of the Navy have relative 
rank with the line, as shown in the table, their 
titles indicate their specialty. The Army al- 
lows military titles to all its officers. 

See Army, Standing; Commander-in- 
Chief ; Courts Martial; Education, Mili- 
tary and Naval; Military Law; Militia; 
Retirement of Military and Naval Offi- 
cers; Volunteers; War, Carrying on; War 
Power, Constitutional ; War Powers of the 
President. 

References: L. Abeille, Marine Francaise et 
Marines Strangers (1906) ; R. A. Alger, Spanr 
ish-American War (1901), 19, 20, 33, 457, 458; 
J. D. Cox, Military Reminiscences (1900), I, 
439; W. C. Foru, Ed., George Washington's 
Writings (1890), IV, 440, 443, VIII, 485, X, 
262; I. Hamilton, Compulsory Service (1911), 
27; L. C. Hatch, Administration of the Am. 
Revolutionary Army (1904), chs. iii, v; W. 
zu Hohenlohe, Letters on Infantry (1889) ; P. 
Pulsifer, Navy Yearbook, 1912, 706, 731, 
738-751, 806-821, and year by year; W. Reid, 
Ohio in the Civil War ( 1868), I, 221; E. Upton, 
Military Policy of the U. 8. (1907), 15, 29, 31, 
61-63, 150-154, 181-184, 193, 260-263; U. S. 
Navy Department, Annual Reports, 1865, 13, 
1889, 63, 64, 411, 1910, 288-291, Navy Register 
1912, 53-57, 127-132, 576; U. S. War Depart- 



COMMISSIONED OFFICERS, ACTIVE LIST; AUTHORIZED NUMBER AND RELATIVE RANK, 

DECEMBER, 1912 



Military Grades 



Major-Generals 

Brigadier-Generals 

Colonels 

Lieutenant-Colonels 

Majors 

Captains 

First Lieutenants _ 
Second Lieutenants 

Total Number 



Army 



Line 


Staff 


6 


1 


15 


11 


106 


59 


92 


88 


216 


262 


1,039 


363 


1,062 


467 


973 


43 



Marine 
Corps 



Line 



Staff 



13 



322 



Naval Grades 



Rear-Admirals (1st 9) 

Rear-Admirals (2d 9) 

Captains 

Commanders 

Lieutenant Commanders _ 

Lieutenants 

Lieutenants (junior grade) 
Ensigns 



Navy 


Line 


Staff 


12 




12 


6 


95 


44 


117 


51 


210 


210 


351 


282 


188 


95 


722 


46 


24 


41 



Pay 



$8,000 
6,000 
4,000 
3,500 
3,000 
2,400 
2,000 
1,700 



Only 4,470 officers of the Army were actually 
in the service in 1912, when there were 150 va- 
cancies in the list of second lieutenants, and 
many in the medical department. 

The Admiral of the Navy, with a salary of 
$13,500, is not subject to retirement for age, 
and the appointment of a successor is not au- 
thorized by law. Two hundred and eighty 
midshipmen in March, 1912, became ensigns 
under the new statute granting a commission 
to all graduates of the Naval Academy. 

The pay of officers is increased 10 per cent 
for service abroad or at sea; and there is a 
like increase for each 5 years' service up to 
20 for officers below the rank of brigadier-gen- 
eral, with a limit of $5000 and $4500 for the 
rank of colonel and lieutenant-colonel respec- 
tively. The Navy has 658 warrant officers not 
in the line of promotion though entitled to a 
commission with the relative rank of ensign 



ment, Annual Reports, 1899-1903, 190k, 61- 
65, 148-150, 277, 326-331, 415, 481-486, 
1908, 1-16, 78-82, 361-363; 1910, I, 23-25, 
155-161, 1912, I, 7-9, 88, 110-118, 130-135, 
151-155, 250-254, 280-295, 436, 446, 938; 
Military Laws (1908), 208-219, 252, 1179; 
Official Records of the Civil War (1880-1901), 
Series III, II, 113, 150, 170, 381, 396, 538, 594; 
Army Register (annual). C. G. Calkins. 

OFFICERS, MILITARY AND NAVAL, RE- 
TIREMENT OF. See Ketirement of Mili- 
tary and Naval Officers. 

OFFICES, MULTIPLICITY OF. The great 
increase in the population of the country, es- 
pecially in urban districts, and the assumption 
by the government of many functions former- 
ly left in private hands have necessitated a 
corresponding increase in the number of offices 



572 



OFFICIALS— OHIO 



and officers. These new offices have been made 
elective to a degree which renders the voter's 
discharge of his task bewildering and necessa- 
rily unintelligent. A ballot in a congressional 
district in Chicago in 1906 contained 334 
names, while a primary ballot in an assembly 
district in New York contained 835 names. A 
vast army of officers is necessary for the per- 
formance of the work of the federal, state and 
local governments, but the public service would 
be greatly improved if there were a consider- 
able consolidation of offices and if most of them 
were filled by appointment rather than by 
election. See Ballot; Ballot, Short. Refer- 
ences: J. Bryce, Am. Commonwealth (4th ed., 
1910), II, ch. lxi; C. A. Beard, "The Ballot's 
Burden" in Pol. 8ci. Quart., XXIV (1909). 

L. B. E. 

OFFICIALS. An official is an agent. A 
public or governmental official is one invested 
by law with political authority. The term "offi- 
cial" is not used in the Constitution, the word 
"officers" being employed but not defined. Giv- 
ing to this word a restricted and technical 
meaning, it has been held that members of Con- 
gress are not officers for the reason that they 
are not nominated and, by and with the advice 
and consent of the Senate, appointed by the 
President nor commissioned by him; nor, of 
course, are they inferior officers (see) whose 
appointment may by law be vested in the Presi- 
dent alone, in the courts of law or in the heads 



of departments {see Burton vs. U. S., 202 U. 8. 
369, United States vs. Mouat, 124 U. 8. 303). 
The Supreme Court has declared that "an office 
is a public station or employment conferred by 
the appointment of government," and that the 
term embraces the ideas of "tenure, duration, 
emolument, and duties" (U. S. vs. Hartwell, 
6 Wall. 385 ) . Therefore, it has been held that 
a contractor for the Federal Government is not 
an officer, nor are directors and trustees of pub- 
lic federal institutions, though they are ap- 
pointed by law. For a valuable report upon 
this subject see House Reports, 55 Cong., 3d 
Sess., No. 2205. See Appointments to Of- 
fice; Employees of Government; Inferior 
Officers; Public Officers, Classification 
of. Reference: W. W. Willoughby, Constitu- 
tional Law of U. 8. (1910), II, 1178 et seq. 

W. W. W. 

OFF-YEAR. An expression applied to the 
three years of comparative political calm in- 
tervening between the excitement of the quad- 
rennial presidential campaign years. 

0. C H. 

GRAB ME ACT. A derisive term applied 
to the Embargo Act, {see) in force from De- 
cember 22, 1807, to February 28, 1809, by the 
opponents of Jefferson's administration, and 
by those who evaded the provisions of the act. 
The expression was derived from spelling back- 
wards the term embargo. O. C. H. 



OHIO 



Early History. — Ohio comes into history as 
a part of the Northwest Territory, erected by 
the Government of the United States under the 
Articles of Confederation. The enactment of 
the Ordinance of 1787, and the simultaneous 
purchase of public lands, negotiated by Ma- 
nasseh Cutler, set in motion in the states 
along the Atlantic a rapid migration to the 
region between the Great Lakes and the Mis- 
sissippi and Ohio Rivers. Government was in- 
augurated, July 15, 1788, at Marietta, situat- 
ed at the mouth of the Muskingum River, 
where an advance guard of settlers had ar- 
rived a few days before. 

As the nucleus of the Northwest Territory, 
and the first state carved out of the public 
domain, Ohio offsets the priority that the kin- 
dred states, Michigan, Wisconsin, Illinois, and 
Indiana, boast as seats of the French occupa- 
tion. Six large divisions appear on the his- 
torical maps of the state that are distinguished 
by the circumstances of survey and coloniza- 
tion. There are the Seven Ranges, where rec- 
tilinear townships were earliest marked off, 
1786, according to the land ordinance enacted 
the year before; the' Ohio Purchase, including 
Marietta, where political institutions were in- 



573 



augurated; the kindred Symmes Purchase, 
where the city of Cincinnati was founded the 
same year; the Virginia Military Bounty 
Lands, defined by their name, and surveyed by 
the old tree-blazing method; the Connecticut 
Reserve, or Western Reserve, where Moses 
Cleaveland, as superintendent of the Connecti- 
cut Land Company, founded the city of Cleve- 
land in 1796; and the United States Military 
Bounty Lands. Pennsylvania men settled the 
Seven Ranges. The pioneers of both the Ohio 
Purchase and the Connecticut Reserve came 
from New England. The Virginia Military 
District brought emigrants from Virginia. 
The Symmes Purchase attracted middle state 
men. The remaining portions of the state, 
known altogether as "Congress Lands," include 
a much longer list of "tracts" and "grants" 
given to small communities of various races 
and sects. These historical divisions have nev- 
er had political significance. They show 
their effects in differences of religion, educa- 
tional tendencies, and domestic manners. 

The Northwest Territory. — General Arthur 
St. Clair was territorial governor. Along with 
St. Clair and Manasseh Cutler, General An- 
thony Wayne stands as one of the founders of 



OHIO 



the "Old Northwest," his service being the sub- 
jugation of the Indian tribes. The centralized 
government defined by the Ordinance of 1787 
lasted ten years. In prompt succession, coun- 
ties were laid off that comprehended the entire 
territory — Wayne County, with its seat at De- 
troit, made a sharp contrast by its enormous 
size, with the thin population to the north- 
ward. The centers of territorial government 
remained at the south. The laws were promul- 
gated at Marietta, Cincinnati, and Vincennes. 
In 1798, the second stage of government de- 
fined by the Ordinance was entered upon. Rep- 
resentative institutions now appear in a legis- 



it, and adjusted the educational land grants 
of the Ordinance of 1785, with further grants. 
A constitution was adopted by the convention, 
November 29, 1802. It was never submitted 
to the people. For the entrance of Ohio into 
the Union, eight different dates have been as- 
signed, in consequence of the absence of a for- 
mal act of admission. February 19, 1803, Con- 
gress passed an act to provide for the execu- 
tion of the laws of the United States within the 
state of Ohio, and the best judgment makes 
this the mark of admission. The boundary 
question was to be fought again in the "Toledo 
war," 1835, between Ohio and Michigan. 




BOUNDAEIES OF THE STATE OF OHIO 



lative assembly, with lower house chosen by a 
semi-popular electorate. The first general as- 
sembly met at Cincinnati, September 24, 1799. 
Admission. — The admission of Ohio into the 
Union was the occasion of the first proper 
enabling act passed by Congress. The prece- 
dent of party strife as an attendant of state 
making was also set. Prospective state bound- 
aries had been defined in the Ordinance. Fed- 
eralism, overthrown in the national govern- 
ment, was strong in the territorial legislature. 
In order to secure to the party the Representa- 
tive and two Senators that would soon super- 
sede the delegate to Congress, a bill was passed 
to have the western boundary drawn inward to 
the Scioto River. A Republican embassy tc 
Washington secured contrary action by Con 
gress. The Enabling Act of April 30, 1802 
defined boundaries, authorized a constitutional 
convention, prescribed the mode of calling 



Constitution of 1802. — The first constitution 
of the state has been characterized as "a gov- 
ernment which had no executive, a half-starved, 
short-lived judiciary and a lop-sided legisla- 
ture." The legislature enjoyed the power of 
appointing the principal state officers, the gov- 
ernor excepted, including even the judges and 
generals of the militia. Its acts were un- 
checked by veto. The executive was corre- 
spondingly weak. The explanation of this leap 
from the centralized government of the Ordi- 
nance to extreme democracy is a personal 
cause — Governor St. Clair's ardent Federalism 
had brought popular hatred upon his office. 
Despite the defective balance of the powers of 
government, Ohio enjoyed phenomenal prosper- 
ity under its first state constitution. The first 
governor was Edward Tiffin. The capital, first 
at Chillicothe, was established at Columbus in 
1816. 



574 



OHIO 



Constitution of 1851.— The constitution of 
1802 was superseded half a century later by 
one in the adoption of which ratification by 
the people was added to the work of the con- 
vention. Under this constitution, the general 
assembly consists of a house of representatives, 
with 117 members, and a senate with 34, elect* 
ed by popular suffrage on the district plan. 
Regular sessions are held biennially. Restric- 
tions upon the authority of the legislature in- 
clude a prohibition of special legislation, ef- 
fectively subverted by classification devices, a 
prohibition to appoint officers, except United 
States Senators, and a prohibition to exercise 
judicial power, except in impeachments. The 
processes of legislation were unique in that the 
signature of the governor was not a feature, 
until a constitutional amendment conveyed to 
him the veto power, so recently as 1903. 

The executive includes: governor, lieutenant- 
governor, secretary, auditor, treasurer, and 
attorney general, commission of common 
schools, and board of public works, all elected, 
and manifold boards and commissions that 
are appointed. Originally the governor's 
most important relations were to the adminis- 
trative bodies, where he had very large ap- 
pointing power and powers of supervision. Not- 
withstanding the fact that the prerogatives, 
for a long time, were few, many distinguished 
men have held the office. 

The judiciary included a Supreme Court, 
circuit courts, courts of common pleas, and 
justices courts. Two features call for remark. 
The courts of common pleas were the familiar 
county courts; but the judges were elected by 
districts nearly as large as the circuits of the 
next grade. The circuit courts were primarily 
appellate courts intermediate between the coun- 
ty courts and the supreme court. Probate 
courts were put in charge of marriage licenses, 
wills, guardianships, etc. 

Revision of the Constitution in 1912. — The 
constitution of 1851 provided for the assembling 
at the end of every period of twenty years, of 
a constitutional convention for the revision of 
the existing instrument or the drafting of a 
new constitution. In 1874 the people rejected 
a revised constitution drafted by a convention 
the previous year. The next opportunity for 
revision was allowed to pass without action of 
any sort. But on January 9, 1912, a conven- 
tion assembled, commissioned by popular de- 
mand to adapt the constitution to a rapid in- 
dustrial expansion and the development of new 
political ideas. Three hundred and forty 
amendments to the constitution were proposed 
in the convention, forty-two of which were sub- 
mitted to popular vote at a special election 
on September 3. The thirty-four amendments 
adopted so radically altered the existing instru- 
ment as practically to establish a new constitu- 
tion. 

Under the terms of the revised constitution, 
the work of a special session of the legislature 



is limited to those subjects mentioned in the 
governor's call or message. The passage of 
bills over the governor's veto is facilitated by 
the reduction of the prescribed majority from 
two-thirds to three-fifths. The legislature is 
authorized to enforce the attendance and tes- 
timony of witnesses to obtain information af- 
fecting legislative action or with reference to 
any alleged breach of its privileges or miscon- 
duct of its members. Provision is made for the 
prompt removal from office of all officers for 
any misconduct involving moral turpitude or 
for other cause provided by law. To the people 
is reserved the power of initiative and refer- 
endum and provision is made for the establish- 
ment of direct primaries, presidential-prefer- 
ence primaries, and for the election of United 
States Senators by direct vote of the people. 

Appointive superintendents of public instruc- 
tion and public works replace the former state 
commission of common schools and state board 
of public works. The judiciary is extensively 
remodeled. The circuit courts are replaced by 
courts of appeals, with final jurisdiction in all 
cases in which the death penalty, life impris- 
onment or constitutional questions are not in- 
volved. Common pleas districts are abolished 
and the jurisdiction of justices of the peace is 
eliminated in townships having municipal 
courts with like jurisdiction. The legislature 
is empowered to authorize by statute the re- 
turn of a verdict in civil cases by three-fourths 
of the jury. 

Local Government. — For the government of 
the rural districts, Ohio has the mixed type, 
county and township. Municipal organization, 
under the revised constitution, which grants 
to municipalities a considerable measure of 
home rule, includes villages and cities, a popu- 
lation of 5,000 being the dividing line. The 
city legislature consists of a council, the mini- 
mum size of seven members increasing with the 
population. The question of election at large 
or by wards is adjusted by compromise. The 
city executive has at tts head a mayor, assist- 
ed by a president of council. There are also 
treasurer, auditor, and solicitor, The general 
administrative authority lies in a department 
of public service, and the police authority in 
a department of public safety. 

Parties. — Admitted to the Union under Jef- 
fersonian auspices, Ohio remained steadfast 
during the one-party rule of the Democratic- 
Republican period. With the division into Na- 
tional-Republicans and Jackson Democrats, it 
entered on a period of political oscillation. Up- 
on the appearance of the modern Republican 
party in 1856, the presidential vote was cast 
for Fremont. From that date to 1908 inclu- 
sive, it was unfailingly cast for the Republican 
candidate for President, but in 1912 the state 
went Democratic by a large plurality. In par- 
ty management, Ohio is not accounted a strong- 
hold of Republicanism. At six elections out 
of fifteen, Ohio men have been preferred for 



575 



OHIO COMPANY— OKLAHOMA 



presidential candidates. Within the twenty- 
nine gubernatorial terms since 1856, state and 
national elections being coincident only since 
1905 — the Democratic party has six times elect- 
ed the governor. Especially striking is the 
Democratic possession of the state executive 
for the triple term, 1909-15. 

Population and Rank. — In 1800, the popula- 
tion of the district corresponding to Ohio was 
45,365; in 1850, the population of the state 
was 1,980,329; in 1910, it was 4,767,121. Rela- 
tive to other states, the most rapid growth of 
Ohio was between 1820 and 1840, when she 
ascended to third place in the Union. She 
continued to hold this until 1890, when Illi- 
nois surpassed her. 

References: F. N. Thorpe, Federal and State 
Constitutions (1909), V, 2897-2937; B. A. 
Hinsdale, The Old Northwest (2d ed., 1900); 
B. A. Hinsdale and M. L. Hinsdale, Hist, and 
Government of Ohio (1896) ; R. King, Ohio 
(1888); St. Clair Payers (1881); W. P. and 
J. P. Cutler, Life, Journals, and Correspond- 
ence of Reverend Manasseh Cutler (1888); 
H. Howe, Historical Collections of Ohio 
(1889); H. W. Elson, "The Fourth Con- 
stitutional Convention of Ohio" in Am. Review 
of Reviews, XLV (1912), 337-340; Constitu- 
tional amendments, 1912, in Am. Year Book, 
1912, 186-188. M. L. Hinsdale, 

OHIO COMPANY. Organized in Boston, 
Mar. 3, 1786, it sought a private purchase of 
lands northwest of the Ohio. Its agents con- 
tracted with Congress for 1,500,000 acres, Oct. 
27, 1787, and secured an option for 5,000,000 
in addition {see Scioto Company). The com- 
pany founded Marietta, on the Ohio River, 
April 7, 1788, which became an early center of 
New England influence in the northwest. The 
contract contained the first national land grant 
for a university and also one for religion. In- 
dian wars and the rise of government securi- 
ties led Congress, in 1792, to waive the terms 
of the contract, the company receiving title to 
about 1,064,000 acres. See Cessions by 
States; Ohio; Scioto Company. References: 
W. P. and J. P. Cutler, Life, Journals and Cor- 
respondence of Reverend Manasseh Cutler 
(1888); P. J. Treat, National Land System, 
1185-1820 (1910), 47-52, 55-58; J. B. Mc- 
Master, Hist, of the U. S. (1910), I, 505-15. 

P. J.'T. 

OHIO IDEA. An appellation given to a 
theory of finance supported most vigorously 
in Ohio by the Democrats under the leadership 
of Allen, Pendleton, and Ewing about 1868- 
76, which advocated the substitution of green- 
backs for national bank notes, and the payment 
of greenbacks for United States bonds. 

O. C. H. 

OIL PRODUCTION, REGULATION OF. The 

self-interest of owners is expected to avoid di- 



rect waste of oil. State regulations aim to 
prevent damage, whether to oil and natural 
gas bearing strata or to fresh water supplies, 
which arises from admixture by percolation or 
flooding, through neglect in boring, or by aban- 
doning wells. For accomplishing this end, 
most oil and gas producing states have "plug- 
ging" laws, which in some cases are ineffective 
because lacking provision for adequate enforce- 
ment. Most effective are those of Indiana 
(March 5, Acts 1909, 234), California (March 
20, 1909, ch. 356), Oklahoma (March 27, 1909, 
amended March 16, 1910). The main provi- 
sions of such are: (1) Every owner or per- 
son responsible who sinks any well to the 
depth of oil or gas bearing strata must secure- 
ly case such well so as to shut off all water 
overlying or underlying oil-bearing strata. (2) 
Before abandoning, or withdrawing the casing 
from, any such well, the owner, or person re- 
sponsible, must "properly and securely stop 
and plug each of said wells," according to 
methods and using materials minutely pre- 
scribed, to a height above the uppermost oil- 
bearing strata legally prescribed as to number 
of feet or satisfactory to the official supervi- 
sor. (3) Such plugging must be done under 
the personal supervision and direction of a 
duly qualified official. (4) Accurate and offi- 
cially verified records of all wells plugged must 
be filed. California requires (sec. 3) an ac- 
curate log showing character and depth of the 
strata penetrated for all wells bored on 
"lands producing or containing oil, gas or pe- 
troleum." (5) Violations of the law are pun- 
ishable by fine, to which incarceration may be 
added. (6) For assisting the state supervisor 
of natural gas, adequate provision is made for 
appointment and compensation of assistants to 
execute these provisions. Laws in other states 
are less adequate, being specially deficient in 
provisions for enforcement. See Conserva- 
tion; Monopolies; Natural Gas, Regula- 
tion of; Public Utilities. References: Stat- 
utes of the several states, of which the most 
important are cited in above text; Laws Re- 
lating to Natural Gas and Oil (Indiana), pre- 
pared by W. E. Morse (1909) ; State Natural 
Gas Supervisor of Indiana "Annual Report" in 
Thirty-Fourth Annual Report of the State Ge- 
ologist (1909), 265-269; "Mineral Production 
County Maps and Mining Laws of California" 
in California State Mining Bureau, Bulletin, 
No. 60 (1909), 66-67; F. S. Barde, "Oil Fields 
and Pipe Lines of Kansas" in Outlook, 
LXXX (1905), 19-33; J. J. McLaurin, "The 
Oil Situation in Kansas" in ibid, 427-431. 

E. H. V. 

OKLAHOMA. Territorial Status.— The be- 
ginnings of Oklahoma Territory were a result 
of a readjustment between the Federal Govern- 
ment and the Five Civilized Nations following 
the Civil War. On account of the Indians' par- 
ticipation in the southern cause, they were de- 



576 



OKLAHOMA 



prived of the western half of their lands, and 
on this the government proposed to settle the 
plains Indians. A tract of land, located 
in the west central part of the original Indian 
Territory was apparently overlooked and re- 
mained vacant. After years of agitation this 
tract was thrown open to settlement April 22, 
1889. A rush of some 100,000 homeseekers 
settled these lands in a day. The tract was 
designated Oklahoma, distinguishing it from 
the Indian Territory. 

No provision for government had been made 
by Congress in this new territory, and thus the 
60,000 permanent settlers found themselves 



bearing on the future government of the terri- 
tory, as the excellent Nebraska system of local 
administration at once went into effect. At 
the beginning, the territory, embracing a tract 
of less than 3,000 square miles, located in the 
west-central part of the original Indian Ter- 
ritory, was rapidly expanded by subsequent 
"openings" until in the year 1901, its limits 
touched the Kansas and Texas lines and its 
area was multiplied ten times. 

The Enabling Act. — This act, signed by Pres- 
ident Roosevelt June 14, 1906, provided for 
the joining of Oklahoma Territory and Indian 
Territory and their admission as one state. 




BOUNDARIES OF THE STATE OF OKLAHOMA, SHOWING TERRITORIAL CHANGES 



without a vestige of government or a basis on 
which to proceed in forming one. The Okla- 
homa cities met this crisis; within a week 
mass meetings of citizens were assembled, res- 
olutions outlining a form of city government 
were adopted, temporary officials were selected, 
viva voce, and a day set for electing permanent 
officials. In less than two weeks these elections 
had been held, and city governments were in 
full operation. Though these governments had 
no legal basis, being founded solely on the con- 
sent of the citizens, they operated efficiently; 
the mayor's orders were obeyed, the ordinances 
passed by the city councils were complied with, 
and the jurisdiction assumed by the police 
courts was accepted, in both civil and criminal 
cases. No further governmental organization 
occurred until, after more than a year, a dila- 
tory Congress took action. Congress then out- 
lined (May 2, 1890) a frame of government for 
the territory after the usual manner of terri- 
torial governments. Until laws could be enact- 
ed by the territorial legislature, the laws of 
the state of Nebraska, "in so far as they were 
locally applicable," were established. This 
clause -of the Enabling Act had a significant 



577 



In addition to the usual clauses in similar acts, 
the following may be noted. The sale of in- 
toxicating liquors in the Indian Territory por- 
tion was prohibited for twenty-one years. The 
five Congressional districts were outlined by 
Congress instead of being left to the constitu- 
tional convention. All vacant public land was 
given to the state for the use and benefit of 
its educational institutions, and $5,000,000 ad- 
ditional was appropriated to the school fund of 
the state on account of the lack of school land 
in the Indian Territory portion. The state 
was prohibited from selling its mineral lands 
until January 1, 1915, and the capital was to 
remain at Guthrie until 1913. 

The Constitution. — The proclamation an- 
nouncing the admission of Oklahoma was is- 
sued November 16, 1907. The constitution is 
long and minute in detail, and has been criti- 
cized as being legislative rather than organic 
in its nature. In length it varies little from 
others of the later state constitutions, that of 
Louisiana, 1898, being equally long. This is, 
however, over twice as long as the Massachu- 
setts constitution of 1780 which is still in force, 
nearly five times as long as the Maryland con- 



OKLAHOMA 



stitution of 1776, and over seven times as long 
as the first constitution of Virginia. The most 
detailed portion of the constitution deals with 
the control of corporations, and in Article 9, 
Section 35, it is provided that this portion may- 
be amended after January, 1909, by a simple 
act of the legislature. Furthermore, in order 
that the legislative features of the constitu- 
tion may not hinder necessary future action, 
it is provided that amendment may be secured 
at any time, by a majority vote of the people. 

Among the usual guarantees contained in the 
bills of rights, the following modifications are 
noticed. In trials by jury in all civil cases and 
in criminal cases less than felonies, the concur- 
rence of nine out of twelve jurors is sufficient 
for a verdict. In the condemning of private 
property for public use, while the usual ap- 
peal from the original appraisement is granted, 
the provision is made that "until the compensa- 
tion shall be paid the owner or into court for 
the owner, the property shall not be disturbed, 
nor the proprietary rights of the owner di- 
vested." It is clear that this clause resulted 
from the practice of railway corporations of 
securing delays through appeals during which 
delays they got the use of the land and the 
money as well. Persons accused of violating 
court orders of injunction or restraint when 
not in the presence or hearing of the court are 
entitled to a trial by jury as to their guilt 
or innocence, before penalty is imposed — a re- 
striction on "government by injunction." Cor- 
porations are exempted from the inviolability 
of persons as to searches and seizures, and all 
books and records of corporations are subject 
to full visitorial and inquisitorial powers of 
the state. The right of the state to engage 
in business for public purposes shall not be 
denied or prohibited. 

The fullest opportunity to participate in the 
most direct manner in public affairs is given 
the people by the clauses establishing the in- 
itiative and referendum system of legislation 
and the primary system of direct nomination 
of all public officers including United States 
Senators (see Legislation, Direct; Primary, 
Direct ) . 

Local Government. — Oklahoma Territory 
benefited by a very complete system of local 
government by the application of the laws of 
Nebraska instituted by the Organic Act, 1890. 
This system was reaffirmed, and extended over 
the Indian Territory section by the constitu- 
tion. The county government is the important 
unit of local administration although there ex- 
ists a subdivision of this in the township ad- 
ministrative board. 

All cities of 2,000 or more inhabitants are 
granted the right of framing municipal char- 
ters, providing for any form of government 
desired by the people and not inconsistent with 
the constitution and laws of Oklahoma. Act- 
ing under the benefits of this provision about 
fifteen of the leading cities of Oklahoma have 



established commission forms of government 
(January, 1912). 

The initiative and referendum extend to city 
governments. All franchises must be submitted 
to a popular vote; the limit of franchises is 
twenty-five years, and the power to regulate 
charges can never be surrendered. 

Corporations and Labor. — In furthering the 
policy of corporation control, a corporation 
commission was established with extensive 
powers and duties. The commission is clothed 
with the authority of a court of record; may 
administer oaths, compel attendance of wit- 
nesses and punish for contempt. Its orders 
have the force of law, and appeal from its 
decisions lies only to the supreme court. 

The interests of the laborer are well-guarded 
by the constitution. The fellow servant doc- 
trine is abrogated (see Fellow Servant) ; 
the defense of contributory negligence is made 
a question of fact to be determined by the jury 
in all cases; contracting of convict labor is 
prohibited, and the employment of women and 
children is considerably restricted (see Child 
Labor ; Labor, Women's ) . 

Education. — In its public school system, 
Oklahoma has followed the plan of the western 
states in allowing a large measure of local con- 
trol. Like other western states it is also 
generously provided with a public school fund 
derived from school lands. The state agricul- 
tural college and the six secondary agricul- 
tural schools are under the control of the state 
board of agriculture. 

Besides these seven, the state has established 
twelve other institutions in addition to the 
university; six of these are normal schools, 
two preparatory schools, one agricultural and 
normal school for the colored race, a school of 
mines, a girls' industrial school, and a boys' 
training school. In March, 1911, a law was 
passed placing all state schools except those 
devoted to agriculture under a central board 
of education, with the state superintendent of 
public instruction as president, and six mem- 
bers appointed by the governor. The policy of 
dividing the state educational system among 
the different localities began in territorial days. 
At the present time (1912) an initiated bill 
is on file with the secretary of state submitting 
to the vote of the people the abandonment of 
fourteen of the twenty state schools. 

Political Conditions. — Politically, Oklahoma 
may well be placed in the column of doubt- 
ful states; for, although normally Democratic, 
the majority for this party runs from 15,000 
to 25,000 out of a total of about 250,000 votes. 
The constitutional convention was overwhelm- 
ingly Democratic. In the two legislatures, 
which have convened since statehood, the Demo- 
crats have had decided majorities. However, 
the three congressional elections show a closer 
division; as a result of the first election there 
were four Democrats and one Republican; in 
the second, two Democrats and three Republi- 






578 



OLD ABE— OLD MAN ELOQUENT 



cans; in the third, three Democrats and two 
Republicans. No very well defined state issues 
have characterized the policy of either party. 

Population. — The population of the new state 
on the day of its admission was 1,414,377. 
Three years later, the federal census of 1910 
gave the population as 1,657,155. 

See Constitution Making in the United 
States; Constitutions, State, Character- 
istics of; Indian Territory; State Govern- 
ments, Characteristics of. 

References: F. N. Thorpe, Federal and State 
Constitutions (1909), V, 2939-29S1, VII, 4271- 
4344; C. 0. Bunn and W. C. Bunn, Constitu- 
tion of Oklahoma (1907) ; L. J. Abbott, Hist. 
and Civics of Oklahoma (1910) ; Thoburn and 
Holcombe, Hist, of Oklahoma (1908); C. A. 
Beard, "The Constitution of Oklahoma" in Pol. 
Sci. Quart. (1909); ibid in P. S. Reinsch, 
Readings on, Am. State Gov. (1911), 450-464; 
R. L. Owen, "Comments on the Constitution of 
Oklahoma" in Am. Pol. Sci. Assoc., Proceed- 
ings, V (1908), 185-191. John Alley. 

OLD ABE. See Honest Old Abe. 

OLD AGE PENSIONS AND OLD AGE IN- 
SURANCE. The need for old age pensions or 
insurance but recently recognized is part of a 
changing industrial system in which the status 
of the worker is less secure and the standards 
of efficiency in speed, attention and endurance 
are rising. Workers reach the "dead line" or 
maximum efficiency at forty or earlier and the 
chances of new employment after thirty-five, 
in many industries, are very slim. 

Germany began legislation providing old age 
and invalidity insurance in 1889 (see In- 
surance and Social Welfare), Denmark fol- 
lowed in 1891, New Zealand (1898), New 
South Wales (1900), Victoria (1901), Belgium 
( 1900 ) , Australia ( 1908 ) , England and Canada 
(1909), and France (1910). The subject has 
been much discussed in America during the 
past two years. Massachusetts appointed a 
Commission on Old Age Pensions, Annuities 
and Insurance ( 1907 ) which reported, in 1910, 
adversely to a general system of state old age 
pensions on the grounds that the industries 
of the state could not stand the cost in ad- 
ditional taxation in competition with other 
states without such provision; and that it 
would attract workers from other states and 
tend to depress wages. It recommended that 
thrift be taught in the public schools and that 
systems of voluntary insurance be encouraged, 
especially the Savings Bank Insurance and 
Annuities [see Insurance Savings Bank) al- 
ready provided for (1907), and that state, 
county and local governments establish retire- 
ment systems for public employees. 

The English Old Age Pension Act of Aug. 1, 
1908, which took effect Jan. 1, 1909, is the 
most complete model of a non-contributory 
pension scheme. A British subject resident in 



the United Kingdom for 20 years, and 70 
years of age, whose yearly income is not greater 
than £31, 10s., and who has not received poor 
relief since Jan. 1, 1908, nor failed, through 
habitual idleness, to maintain himself or his 
dependents, and is not a lunatic in an asylum 
nor has been a convict in prison during the 
preceding ten years, is entitled to a pension 
of 5 shillings a week if his yearly means do 
not exceed £21, 4s. and lesser amounts with 
increasing means so as to bring the total in- 
come to approximately $150 a year. Nearly 
a million pensioners are now on the rolls and 
the annual cost is over 13 million pounds. In 
time the age limit will doubtless be lowered to 
65 years when means are provided for the 
greatly increased burden of taxation this would 
entail. 

New Jersey appointed a commission to study 
the problem in 1911, and along with Illinois 
(1911), and Missouri (1911), New Jersey, in 
1913, adopted a widows' pension plan to aid 
widows with dependent children under 14 years 
of age in the support of such children. Such 
acts sometimes called "funds to parents acts" 
or "mothers' pensions" are in reality a new 
form of poor relief rather than pension sys- 
tems, though it has been found expedient in 
England to coordinate the old age pension sys- 
tem and the relief of aged paupers; and these 
measures in America are a step in the direc- 
tion of more comprehensive state care of de- 
pendents which doubtless will lead to old age 
pensions. 

See Insurance and Social Welfare; Pov- 
erty and Poor Relief; Savings Bank Insur- 
nce. 

References: Mass. Commission on Old Age 
Pensions, Report (1910) ; Am. Year Book, 
1910, 434. SAmuel McCune Lindsay. 

OLD BULLION. A sobriquet earned by 
Thomas H. Benton [see), through his insistent 
arguments in favor of hard money in opposi- 
tion to paper money. O. C. H. 

OLD HICKORY. A popular nickname of 
Andrew Jackson {see) said to have been given 
him first by his soldiers in 1813 during a 
march from Natchez, Miss, to Nashville, Tenn., 
in recognition of his remarkable endurance and 
strength. O. C H. 

OLD IRONSIDES. A nickname given the 
frigate Constitution, by Oliver Wendell 
Holmes, 1830, in his poem Old Ironsides. See 
Constitution. O. C H. 

OLD MAN ELOQUENT. The nickname for 
John Quincy Adams {see), bestowed upon him 
in the later period of his life, after he had 
reentered public service as a member of the 
House of Representatives. The name was origi- 
nally applied by Milton to Isocrates. 

0. C. H. 



579 



OLD TENOR BILLS— ONE MAN, ONE VOTE 



OLD TENOR BILLS. The earlier series of 
continental currency, partly received in pay- 
ment of obligations to the revolutionary gov- 
ernment; partly replaced at an enormous dis- 
count by new tenor bills. See Currency, Con- 
tinental; New Tenor Bills. D. R. D. 

OLEOMARGARINE TAX. In 1886 an in- 
ternal revenue tax was imposed upon the manu- 
facture and sale of oleomargarine. This was 
not simply a revenue measure, but was ad- 
vocated: (1) in the interest of public health; 
(2) in the interest of the farmer who suffered 
en account of the competition of oleomargarine 
with butter; (3) in the interest of honesty in 
business, on account of the increasing deception 
in selling oleomargarine under the name of but- 
ter. By registering and policing the business 
under a government bureau, it was believed 
that dishonesty might be checked; and that 
people would not buy oleomargarine if sold 
under its own name. 

As a revenue producer the tax has not been 
fruitful; the maximum collected in any one 
year being $2,944,000 in 1902. By far the 
largest amount is levied in Illinois, Ohio and 
Kansas, since oleomargarine is manufactured 
as a by-product of the beef and packing in- 
dustries. By the original act of 1886 the tax 
was two cents a pound, but in 1902 a tax of ten 
cents a pound was assessed, with the proviso 
that when oleomargarine is free from artificial 
coloration that causes it to look like butter of 
any shade of yellow, the tax shall be only one- 
fourth of one cent per pound. This reduction 
cut the receipts more than one-half. 

The tax on oleomargarine is the most difficult 
of all the excise taxes to collect; the law is 
violated by illicit manufacture, and by failure 
of dealers to pay the special license taxes, and 
to mark and brand the product sold. In 1910 
there were reported 2,754 violations of the 
various sections of the act, which in view of 
the slight amount of revenue is evidence of the 
need of a remedial statute designed solely to 
protect the public in its purchases. See Reve- 
nue, Internal. References: U. S. Commis- 
sioner of Internal Revenue, Annual Reports; 
H. C. Bannard, "The Oleomargarine Law" in 
Pol. Sci. Quar., II (1887) 545-557; D. R. 
Dewey, National Problems (1907), 73-75. 

Davis R. Dewey. 



OLNEY, RICHARD. Richard Olney (1835- 

) was born at Oxford, Massachusetts, 

September 15, 1835. In 1859 he was admitted 
to the bar, and began practice in Boston, where 
he rose rapidly to eminence as a corporation 
lawyer. In 1893 he was appointed Attorney 
General in Cleveland's Cabinet. His most no- 
table service in that office was in connection 
with the Pullman strike, in July, 1894, when 
he advised the use of federal troops to sup- 
press the disturbances; and in March, 1895, 
he argued the question for the government in 

580 



In re Debs (158 U. 8. 564). In June, 1895, 
he succeeded Walter Q. Gresham as Secretary 
of State, retaining the office until the close 
of Cleveland's administration; and in this ca- 
pacity carried on a vigorous correspondence 
with Lord Salisbury over the Venezuelan 
(see) boundary, in 1897. A treaty of gen- 
eral arbitration with Great Britain, negotiated 
with Sir Julian Pauncefote, was not acted upon 
by the Senate during Cleveland's term, and 
ultimately was rejected. During the silver agi- 
tation Mr. Olney sided with the gold Demo- 
crats. On the issue of "imperialism" he 
espoused the cause of the Anti-Imperialists. 
In 1913 he was offered and declined the am- 
bassadorship to Great Britain, and in 1914 the 
governorship of the Federal Reserve Board. 
See Monroe Doctrine. References: D. R. 
Dewey, National Problems (1907) ; J. H. La- 
tane, American as a World Power (1907). 

W. MacD. 

OMNIBUS BILL. A name ordinarily applied 
to a series of eight resolutions introduced by 
Henry Clay, January 29, 1850, for the adjust- 
ment of the pending questions relative to 
slavery. May 8, the provisions relative to 
California, Utah, New Mexico and Texas were 
reported in one bill, which was really the 
Omnibus Bill. In the course of debate most 
of the measures included were dropped out for 
separate action; and a bill for the organization 
of Utah, which was all that was left of this 
bill, passed the Senate August 1, 1850. See 
Compromise of 1850; Democratic Party; 
Free Soil Party; Whig Party; Wilmot 
Proviso ; and statesmen of the period by name. 
References: G. P. Garrison, Westward Exten- 
sion (1906), ch. xx ; J. F. Rhodes, Hist, of the 
U. S. (1893), I; J. Schouler, Hist, of the U. 
8. (1899), IV. A. B. H. 

ONCE AN ENGLISHMAN, ALWAYS AN 
ENGLISHMAN. The theory upon which the 
British impressed American seamen in the peri- 
od before the War of 1812, was that a man born 
an Englishman always remained an English 
subject. This idea resulted from the doctrine 
of indefeasible allegiance common at that time 
to all European nations. The United States 
began early to oppose that doctrine in order to 
make immigration and the transfer of allegi- 
ance easy; but the political and judicial au- 
thorities were not always in entire accord. See 
Allegiance; Citizenship in the United 
States; Expatriation, Indefeasible Alle- 
giance. Reference: J. H. Moore, Digest of 
Int. Law (1906) , §§ 431-440. C H. Van T. 



ONE MAN, ONE VOTE. A phrase embody- 
ing an article in the program of the Liberal 
(see) party in Great Britain demanding the 
abolition of plural voting. It also expresses 
the fundamental idea underlying the American 
principle of manhood suffrage. 0. C H. 



ONTARIO 



ONTARIO. Ontario is the most populous 
and most important of the Canadian provinces. 
It comprises the large peninsula bounded by 
the Ottawa River, the Upper St. Lawrence and 
the Great Lakes, but a portion of the province, 
at its western extremity, extends northward to 
the shores of James Bay. It has an area of 
about 260,000 square miles, and a population 
of about two and a half millions. 

History. — During the period preceding the 
British conquest there were no settlements 
within the territory now included in Ontario 
except a few frontier trading posts, principally 
at Cataraqui (now Kingston) and Niagara. 
The real settlement began with the influx of 
the United Empire Loyalists after the Revolu- 
tionary War. These settlers took up lands in 
the Niagara peninsula, on the north shore of 
Lake Ontario, and along the Upper St. Law- 
rence. At the time of their arrival, Ontario, 
then commonly called Upper Canada, was not 
a separate province but was administered un- 
der the terms of the Quebec Act of 1774 by a 
governor and council whose jurisdiction ex- 
tended over Lower Canada as well (see Que- 
bec). In 1791, however, the Constitutional 
Act (31 Geo. III. c. 31) provided for the sep- 
aration of the whole area into two provinces 
to be known as Upper and Lower Canada re- 
spectively, with a separate civil administra- 
tion for each. Upper Canada, by the terms 
of this enactment, was placed under the ad- 
ministration of a governor appointed by the 
Crown, a legislative council of not less than 
seven members appointed in like manner, and 
a legislative assembly of not less than fifteen 
members elected by the people under a fran- 
chise very similar to that which existed in 
England at the time. 

During the half century following the act 
of 1791 the province encountered many politi- 
cal difficulties. First came the War of 1812 
and the various American invasions which in- 
terfered seriously with economic progress, dis- 
organized political arrangements, and des- 
troyed the provincial capital at York. After 
the war came political troubles connected with 
attempts of the assembly to control the policy 
of the executive which had managed to obtain 
almost entire domination of provincial affairs. 
The legislative council had become practically 
a self -perpetuating body, the members of which 
were related to one another, so that the real 
power lay with a small element in the pro- 
vincial population commonly known as the 
Family Compact. The governors who came 
out from England fell readily under the in- 
fluence of this element and in time the quarrel 
between the two arms of provincial government 
became acute. In 1837 matters culminated in 
an armed revolt headed by the reform leader, 
William Lyon Mackenzie. After this revolt had 
been quelled and its causes duly investigated 
by Lord Durham, the imperial authorities de- 
cided to reunite the two provinces of Upper 



581 



and Lower Canada into the single province of 
Canada, and this was done by the Union Act 
of 1840 (3 and 4 Vict. c. 35). The united 
provinces were given a single government con- 
sisting of a governor, a ministry, an appoin- 
tive legislative council, and an elective assem- 
bly of eighty members. The Act of 1840 con- 
tained no express provision that the assembly 
should control the executive, but this prin- 
ciple was conceded some few years later by 
Lord Elgin, the governor, on instructions from 
London. The government of the united prov- 
inces achieved a good deal during its twenty- 
seven years of existence. It established a sys- 
tem of municipal government, abolished the 
seigniorial tenure, settled the vexing matter 
of the clergy reserves, and made provision for 
many internal improvements. But as a system 
of civil administration it never worked smooth- 
ly, and owing to racial jealousies it was dif- 
ficult for any ministry to continue long in 
power. It was a realization of the inherent 
difficulties of this situation that lent strength 
to the movement for federation. 

Provincial Government. — The Confederation 
Act of 1867 (30 and 31 Vict. c. 3) again sepa- 
rated the provinces, giving each its own local 
government, and Upper Canada became a mem- 
ber of the Dominion under the official name of 
Ontario. Its representation in the federal 
parliament consists of twenty-four senators 
and eighty-six members of the house of com- 
mons. A redistribution of seats takes place 
after each decennial census. The provincial 
government consists of a lieutenant-governor 
appointed by the governor-general of the Do- 
minion on the advice of his ministry, a council 
or ministry responsible to the assembly, and 
a legislative assembly of 106 members chosen 
for not more than four years by manhood suf- 
frage. The powers which may be exercised 
by the provincial government are set forth in 
the Act of Confederation, and all powers not 
expressly committed to the province are re- 
served to the federal government. The reve- 
nues of the province are derived chiefly from 
the proceeds of public lands, inheritance taxes, 
and taxes on corporations. In addition the 
province receives an annual subsidy from the 
Dominion treasury. 

For purposes of local government the prov- 
ince is divided into counties, cities, towns, in- 
corporated villages, and townships. Each 
county has an elective county council with ju- 
risdiction over country roads, bridges, jails, 
poor-houses and some minor matters. The 
cities are administered by an elective mayor 
and a single-chambered council both elected by 
popular vote. The municipal system is uni- 
form throughout the province, and the mu- 
nicipalities are given a large amount of local 
autonomy. Among the noteworthy features of 
Ontario legislation are the general tax laws, 
the laws relating to public education, and the 
municipal code, The provincial capital is at 



ON THE FENCE— OPEN DOOR 



Toronto. In 1911 the population of the prov- 
ince was 2,523,274. 

See Canada; Canadian Provinces. 

References: J. G. Bourinot, Canada under 
British Rule (1900); J. C. Dent, The Last 
Forty Years (1881) ; C. R. W. Biggar, Life of 
Sir Oliver Howat ( 1905 ) ; W. Houston, Docu- 
ments Illustrative of the Canadian Constitu- 
tion (1891); A. H. F. Lefroy, The Law of 
Legislative Power in Canada (1897) ; Canadian 
Annual Review of Public Affairs (Hopkins, 
Ed.). William Bennett Munko. 

ON THE FENCE. An expression applied to 
a voter who is uncertain in his political views 
or undecided concerning the ticket he will sup- 
port. He is usually amenable to the influence 
of an appeal to his personal interests. 

0. C. H. 

OPEN AIR SCHOOLS. See Schools, Open 
Air. 

OPEN AND CLOSED SHOP. The "open" 
shop is one in which both union and non-union 
men are employed. In the "closed" shop the 
employer is bound by agreement to employ 
only union members. In the "union" shop 
union workmen are given the preference, and 
non-union men employed are expected to join 
the union, but there need be no contract mak- 
ing the shop "closed." Substantially all of 
the present-day American unions demand the 
"union" or "closed shop," but contracts to that 
effect the courts of many states have pro- 
nounced illegal. See Arbitration of Labor 
Disputes; Civil Rights, Constitutional 
Guarantees of; Contract, Freedom of; La- 
bor Organizations; Strikes. Reference: 
Symposium upon "Open and Closed Shop" in 
Am. Econ. Assoc, Publications, 3d Series, VI 
(1905), 140-215. J. R. C. 

OPEN DOOR. This is usually denned as 
meaning equal opportunities and treatment for 
the citizens of all foreign countries in their 
enterprises in some particular territory. It 
may be regarded as the generalization in cer- 
tain specified regions of "the most favored na- 
tion clause common in commercial treaties. The 
phrase and the policy it expresses are of Eng- 
lish origin, and free trade England alone is 
entirely logical and consistent in her adherence 
to them. The other great nations demand a 
door that opens only one way; for, unless re- 
stricted by treaty, they impose such tariffs 
and regulations as they chgose in their own 
dominions. The adoption of the open door 
principle has been due to the alarm of the chief 
industrial peoples at seeing in recent years 
most of the unappropriated portions of the 
earth which they looked upon as future out- 
lets for their products passing into the hands 
jof their trade rivals. The partisans of the 
open door can, therefore, count in any given 



controversy not only on the moral advantage 
of the appeal for fair play, but also on the 
selfish interests of all who do not profit by 
the restrictions threatened. 

Africa. — The first case on a large scale of 
the application of the open door policy by the 
European powers, with the participation of the 
United States, was when the Berlin conference 
of 1885, laying down the rules for the forth- 
coming partition of Africa, decreed that in the 
territory about the Congo basin, preferential 
duties should not be established by any one. 
Since then, similar limitations of future sover- 
eignty have been imposed in certain other parts 
of the African continent; in still others the 
various powers are at liberty to take such 
measures as they please in their own posses- 
sions. In the case of Morocco the open door 
has been explicitly guaranteed by the Algeciras 
conference of 1906 and by later agreements. 

Asia. — The first later official assertion of the 
doctrine by the United States was contained 
in a circular note of Secretary Hay Sept. 6, 
1899, asking the powers to accept the prin- 
ciple of equality of treatment and opportunity 
in all territories of the Chinese Empire, what- 
ever might be the changes in their political 
status. As no government was willing to ad- 
mit an intention of annexing Chinese territor- 
ies for selfish trade purposes, all with more or 
less willingness agreed to the proposition. Since 
that time the maintenance of the open door 
has been the corner-stone of American policy 
in the Far East. This has been especially 
true of late years in regard to Manchuria, 
where first in dealing with Russia, and since 
1905 in dealing with both Russia and Japan, 
the United States has watched with jealous 
vigilance against any infringement of the 
American right of equal treatment. In theo- 
ry this right is not denied by any power, 
but in practice a state can find quiet means 
of favoring the trade of its own citizens in 
lands which it controls ; and even when it is 
honest in its intention of fair dealing it may 
have difficulty in preventing its officials from 
giving undue help to their fellow country-men. 

Morally, too, the stand of the United States 
in favor of the open door has been somewhat 
weakened by the recent abandonment of that 
principle in the Philippines. However bene- 
ficial to the Islands closer and privileged 
commercial relations with the United States 
may be, the same arguments would apply — 
and some day may be applied — to Japan and 
Korea. Furthermore might it not be claimed 
that reciprocity between Japan and China 
would be as legitimate and as desirable for 
both parties as that attempted in 1911 between 
the United States and Canada? Finally the 
arguments that are urged against letting a for- 
eign power obtain for itself special advantages 
from a helpless China would have no moral 
standing against the unfettered will of a China 
mistress of her own destinies. 



582 



OPEN LETTER— ORDER, MAINTENANCE OF 



America. — In the western hemisphere, the 
United States so far from proclaiming the prin- 
ciple of the open door would promptly resent 
any such suggestion on the part of European 
powers in opposition to special commercial 
arrangements between it and any other 
American country. Pan Americanism is based 
on quite a contrary idea. The open door, there- 
fore is not at present a general principle sup- 
ported by the United States or indeed by any 
nation unless it be England, for it represents a 
policy followed only in regard to certain parts 
of the world. Even in these it may not be 
tenable in the long run, but so far it has proved 
of no small value. 

See Asia, Diplomatic Relations with- 
China, Diplomatic Relations with; Com- 
merce, International; Commercial Policy 
and Relations of the U. S.; Intervention;. 
Japan, Diplomatic Relations with; Russia, 
Diplomatic Relations with; Territory in 
International Law. 

References: A. C. Coolidge, U. 8. as a World 
Power (1908), 171, 181-183, 221, 331, 347, 366; 
J. B. Moore, Digest of Int. Law (1906), V, 533 
et seq.; A. S. Hershey, Int. Law and Diplomacy 
of the Russo-Japanese War (1906) ; bibliog- 
raphy in A. B. Hart, Manual ( 1908 ) , § 195. 

A. C. Coolidge. 

OPEN LETTER. A manifesto of political 
or general significance published in the form of 
a personal letter, in the press, used especially 
by party leaders during a political campaign. 
It is also applied to the correspondence, 
through the press, of two persons engaged in 
a controversy. O. C. H. 

OPPOSITION. Sir Charles Tupper, in Feb- 
ruary, 1901, on resigning the leadership of the 
Canadian Conservatives, wrote thus of the op- 
position : 

The duty of Her Majesty's loyal opposition is 
to exercise its vast influence in restraining vicious 
legislation, and in giving a loyal support to pro- 
posals of the Government which commend them- 
selves as in the interest of the country, while 
initiating itself such measures for the 'common 
weal as are neglected by the Administration. 

An Opposition in the British Parliament is 
as old as government by party; and from 1734 
members of the opposition have continuously 
sat to the left of the speaker's chair. The cere- 
monial term "His Majesty's Loyal Opposition," 
first used in 1826, was at once adopted; and 
has long been in use in the parliaments of the 
oversea dominions. In the journals, on the "or- 
der paper," and in the statutes there has never 
been any recognition of the existence of an 
Opposition at Westminster. In the Dominion 
Parliament the Opposition is constitutionally 
recognized to the extent of the payment of a 
salary, authorized by statute enacted in 1904, 
to the leader of the Opposition — to the mem- 
ber elected in caucus as leader of the party 
that sits to the left of the speaker's chair. 



See House of Commons; Party Counsel in 
England; Parliament. References: E. Por- 
ritt, Unreformed House of Commons (1903), I. 
ch. xxv; A. L. Lowell, Government of England 
( 1908 ) , I, ch. ii, xviii. Edward Porritt. 

ORDER, MAINTENANCE OF. Two great 
dangers which beset all governments are usur- 
pation and forcible disruption. Offenses 
against public order are of many degrees of 
seriousness, and require a varying scale of 
penalties and remedies. The simplest instance 
is refusal to be governed by the restrictions 
of law; in such cases the ordinary remedy is 
automatic; for instance the man who makes 
an illegal contract finds that the courts will 
not allow him the advantages of that contract. 
The next case is that of disobedience to a per- 
sonal order, such as a refusal to "move on" 
when so directed by a policeman, or to make 
a declaration of personal baggage when arriv- 
ing in the country from abroad. Such acts 
may be checked by immediate arrest, or may 
form a basis for later criminal prosecution. 
If a public functionary refuses to perform his 
duty under the law he may be reprimanded, 
receive an administrative punishment, or be 
removed; or the courts may by writ (common- 
ly mandamus) require him to perform the act, 
and a further refusal would then bring on the 
penalties of contempt of court. 

So far as physical force can be used at all 
in such matters it is likely to be used by the 
municipal police, or by local constables or 
sheriffs. Courts of justice have their own 
machinery for carrying out their precepts, and 
making arrests under warrant — marshalls and 
deputy marshalls, sheriffs and deputy sheriffs, 
resistance to whom in the performance of their 
duty, may constitute a very aggravated offense. 

Riots. — A more serious stage of resistance 
to government is the riot, which though a 
gregarious offense, is something more than a 
gathering together of discontented people; 
whenever there is demonstration or threat of 
force, every person who joins in it is indi- 
vidually responsible to the law. A riot may in- 
clude or lead to a variety of other offenses, 
such as the rescue of prisoners, the terrorizing 
of workmen, or the destruction of property. 
American executive authorities usually hesitate 
to use force against these demonstrations; and 
even where there are positive crimes all the 
way up to murder, riots frequently go un- 
punished. Riotous assemblages for the purpose 
of taking prisoners out of the hands of the 
authorities and lynching {see) them, are in 
the United States frequently not followed by 
any prosecutions, and where prosecutions are 
instituted they frequently fail, both in the 
northern and southern states. 

For the suppression of riots the municipal 
police is often sufficient for there is commonly 
a tense feeling between them and the most 
disorderly part of the population, and they 



583 



OEDEE OF BUSINESS IN LEGISLATIVE BODIES— OEDEES IN COUNCIL, 1806-1812 



are likely to be attacked and will almost in- 
variably defend each other to the death. Labor 
riots, particularly against strike breakers, 
sometimes have the sympathy of the police, and 
are very difficult to put down, particularly 
if women join in the riot. In such cases mili- 
tia may be called out by the state officials for 
protection of life and property, and may re- 
main under arms for days or weeks. 

See Constabulary, State; Police Power; 
Eiots; Strikes. A. B. H. 

ORDER OF BUSINESS IN LEGISLATIVE 
BODIES. The daily order of business in legis- 
lative bodies is usually regulated by the rules 
of each house. This order varies more or less 
in the different states but the following is 
probably the most common: (1) prayer by the 
chaplain; (2) reading and approval of the 
journal; (3) presentation of petitions, com- 
munications from the executive and messages 
from the other house; (4) report of commit- 
tees; (5) introduction and first reading of 
bills; (6) unfinished business; (7) orders of 
the day. In the national House of Bepresenta- 
tives, the daily order of business is as fol- 
lows : ( 1 ) prayer by the chaplain ; ( 2 ) reading 
and approval of the journal; (3) correction 
of reference of public bills; (4) disposal of 
business on the Speaker's table; (5) unfinished 
business; (6) the morning hour (see) for the 
consideration of bills called up by committees; 

( 7 ) motions to go into committee of the whole ; 

(8) orders of the day. 

When a bill is introduced it is generally 
read by title. In some legislative bodies a 
second reading immediately follows, unless the 
readings are required to be on separate days, 
after which it is referred to the appropriate 
committee. In others, reference to the com- 
mittee follows the first reading. When the 
bill has been reported from the committee, if 
the report is favorable (see Eeports of Com- 
mittees) it is then ordered to be engrossed 
for a third reading and is placed on the calen- 
dar. The task pf engrossing is entrusted to 
an engrossing clerk or other officer charged 
with the preparation of a correct copy of the 
original bill. At this stage the bill is open for 
general discussion and amendment. The next 
step is the third reading, required either by 
the constitution or rules of procedure in most 
states. Generally no amendment may be of- 
fered after the bill has gone to its third read- 
ing. After the third reading, the bill is put 
upon its passage. If passed by one house, it 
is then sent to the other house where it goes 
through substantially the same stages, and if 
passed by it, the bill is returned to the house 
in which it originated. It is then assigned 
to the enrolling clerk or other officer for en- 
rollment. This service is usually performed 
« under the direction of the committee on en- 
rolled bills. After enrollment, the bill is 
signed by the presiding officers of each house 



when it is transmitted by the clerk to the ex- 
ecutive for his approval or disapproval. 

See Bills, Course of; Parliamentary 
Law; Eules of Congress; Veto Power. 

References: L. S. Cushing, Law and Practice 
of Legislative Assemblies (9th ed., 1907), Pts. 
VII, VIII; A. C. Hinds, House Manual (1909) ; 
Courtney Ilbert, Legislative Forms and Meth- 
ods (1901) ; P. S. Eeinsch, American Legisla- 
tures and Legislative Methods (1903), ch. vi. 
James W. Garner. 

ORDERS, FRATERNAL. Fraternal orders 
like friendly societies in England are organ- 
ized for social purposes, accompanied by secret, 
mysterious or religious features, and associated 
with financial benefits to meet emergencies, 
chiefly the cost of burial (see Fraternal In- 
surance; Insurance, Industrial). The An- 
cient Order of United Workmen (1868) was 
the first distinctive American order. The rail- 
way brotherhoods are important organizations 
of railway employees. In 1905 there were re- 
ported 168 orders of all kinds, with 87,758 
lodges and over five million members. Such 
orders flourish among the southern negroes, 
Social features are under control of local 
lodges and have little uniformity. Benefit 
features are regulated by supreme national 
councils, sometimes with intermediate state or 
territorial officers. Most societies are federat- 
ed in one of three national conferences: Na- 
tional Fraternal Congress (1886), American 
Fraternal Congress (1898), and Associated 
Fraternities of America (1901), which seek to 
secure adequate assessment rates and safe 
financial management of the younger orders, 
and legislative protection and uniformity in 
state action affecting their interests. Many 
legislative inquiries in England resulted in 
Friendly Societies Acts which brought them 
under governmental control especially since the 
office of Eegistrar of Friendly Societies was 
established in 1846. Eecently, in the United 
States a uniform bill urged by the National 
Convention of Insurance Commissioners has 
been endorsed by two of the national confer- 
ences of the orders and has been enacted in 
many states (16 at the end of 1912). It 
raises inadequate insurance rates or assess- 
ments gradually and forbids starting new or- 
ders with inadequate rates. See Fraternal 
Insurance; Societies, Legal Status of. 
References: C. E. Henderson, Industrial In- 
surance ( 1909 ) ; H. C. Stevens, Encyclopaedia 
of Fraternities (1899) ; Am. Year Book, 1910, 
and year by year. S. McC. L. 

ORDERS IN COUNCIL, 1806-1812. The 

commerce of the United States with European 
states and colonies received a severe blow when 
on May 16, 1806, the British Government de- 
clared the coast of Europe from Brest to the 
Elbe in a state of blockade. Napoleon's Berlin 
decree of November 21, 1806, was retaliatory, 



584 



ORDINANCE OF 1784— ORDINANCE OF 178; 



proclaiming the British Isles blockaded and 
placing a ban on trade with Great Britain 
and English property was to be forfeited, when 
captured. 

Another British Order in Council of Janu- 
ary 7, 1807, denied to neutral powers the right 
to trade between the ports of France or her 
allies or with ports not freely open to British 
trade. 

Another, November 11, 1807, put trade with 
an enemy port or with any port not open to 
British trade, on the same basis as trade with 
a blockaded port. Trade with enemy countries 
or colonies was forbidden and vessels engaged 
in such trade, and the articles which were 
products of such countries or colonies, were 
liable to capture and condemnation as prize. 
Other trade was to enter British ports and 
clear therefrom under such regulations as 
might be established. The possession of a 
French consular "certificate of origin" which 
would protect against capture by France was 
considered proper ground for capture by Great 
Britain. 

Napoleon's Milan Decree of December 7, 
1807, was issued in reply to these Orders in 
Council. The American Embargo acts fol- 
lowed. These were favored by Great Britain 
and France, but proved disastrous to United 
States commerce. The Orders in Council of 
1807 were extended and modified; an order 
of April 26, 1809, extended the restrictions to 
Dutch ports. January 23, 1812, the Orders in 
Council were conditionally revoked, but too 
late to avoid conflict with the United States. 

See Berlin Decree; Continental System; 
Embargo; Mtt.an Decree; Neutral Trade. 

References: J. B. Moore, Digest of Int. Law 
(1906), VII, 797 et seq.; Henry Adams, Hist. 
of the U. S. (1890), III, 416, IV, 79, V, 43, 
VII, 4; bibliography in A. B. Hart, Manual 
(1908), § 179. George G. Wilson. 

ORDINANCE OF 1784. The Ordinance of 
1784 was based upon a draft brought before 
Congress by Thomas Jefferson in March, 1784. 
According to this plan the western lands "ced- 
ed or to be ceded" to the United States were 
to be "formed into additional States." The 
ordinance applied to all the territory between 
the thirty-first parallel, the international 
boundary on the north, the Mississippi, and the 
meridian running through the "western cape 
of the mouth of the Great Kanawha," plus the 
strip bounded by the meridian just named, 
the Ohio, Lake Erie, and the Pennsylvania line. 
By means of the meridian running through 
"the lowest point of the rapids of the Ohio," 
intersected by various east and west lines two 
degrees apart, the whole area was to be divided 
into fourteen, possibly, sixteen states. 

Under the terms of the Ordinance the set- 
tlers were, "either on their own petition, or 
the order of Congress," to meet together for 
the purpose of establishing "a temporary gov- 



ernment," and, when any state had twenty 
thousand free inhabitants, it was to receive 
authority from Congress "to establish a perma- 
nent constitution or government." The state 
so formed was not to be admitted to the Union, 
however, until it had as many free inhabitants 
as were at the time "in any one of the least 
numerous of the thirteen original States." But 
in the meantime it was to be allowed to have 
a delegate in Congress with the right of de- 
bating, but not of voting. 

As Jefferson presented the draft, it provided 
against slavery after 1800; but in the course 
of the debate this clause was stricken out. The 
ordinance was passed, April 23, 1784. The 
list of high-sounding names which Jefferson 
had suggested for the new states was omitted 
and there were a few minor changes. In most 
respects the Ordinance stood practically as 
Jefferson had drafted it. No action was ever 
taken under it. It embodied the two essential 
ideas of the American territorial system: 

(1) temporary or territorial government; and 

(2) ultimate admission to the Union on terms 
of equality with the older states. 

See Articles of Confederation ; Confed- 
eration; Ordinance of 1787; Public Lands 
and Public Land Policy; Territories of the 
United States, Organized; Territory, Ac- 
quired, Status of. 

References: T. Donaldson, Public Domain 
(1884), 147-149; A. C. McLaughlin, Confeder- 
ation and the Constitution (1905), 14-117; 
H. S. Randall, Life of Thomas Jefferson 
(1858), I, 397-400. A. C. McL. 

ORDINANCE OF 1787. The problem of 
western lands and of western colonization was 
a real and important problem even before the 
American Revolution. The Albany Plan of 
Union {see) provided that the grand council 
should purchase "from the Indians for the 
Crown" lands that were "not within the bounds 
of particular colonies," or that should not be 
within their bounds when some of them were 
"reduced to more convenient dimensions" and 
that the council should govern new settlements 
till the Crown formed them into particular 
settlements. The problem might have been 
forced to an early solution had war not broken 
out with the mother country. But even during 
the war the ownership and control of the back 
country was much discussed. The acceptance 
of the Articles of Confederation {see) was 
delayed because of the western land problem, 
and during the discussion of the Articles, the 
old Congress, suggesting surrender of the 
claims of the states to western lands, declared 
that the lands ceded or relinquished should be 
disposed of for the common benefit of the 
United States and be settled and formed into 
distinct republican states which should ul- 
timately become "members of Federal Union 
and have the same rights of sovereignty, free- ' 
dom and independence," as the other states. 



585 



ORDINANCES, EXECUTIVE 



New York and Massachusetts gave up their 
western territory; Virginia ceded all her claim 
to territory north and west of the Ohio; 
Connecticut surrendered all but a strip along 
the southern shore of Lake Erie (see Western 
Reserve). By 1786 Congress held a vast ter- 
ritory west of the mountains and held it with 
expressed intention of providing for the for- 
mation of free commonwealths and their ulti- 
mate admission into the Union. 

Plans for settlement in the northwest were 
talked of even before the claims of the states 
were formally surrendered. Early in April, 
1783, Timothy Pickering and certain army of- 
ficers drew up a scheme which appears to have 
contemplated nothing less than the establish- 
ment of a state beyond the mountains and adop- 
tion of a constitution before settlement. In 
April, J 784, Congress passed an ordinance which 
was largely the work of Thomas Jefferson. It 
never went into effect, but it is noteworthy 
because it proposed the organization of tem- 
porary, or, as we should now say, territorial 
governments in the new settlements (see Or- 
dinance of 1784). 

In 1786 the Ohio Company was formed; its 
purpose was to purchase land in the west and 
promote settlements. The organization of this 
company appears to have stimulated Congress 
to new activity in establishing a system for 
the west. On July 13, 1787, the famous ordi- 
nance was passed, the solution of a problem 
which in one form or another had been active 
in American politics for a generation. Its 
most important clauses are those providing 
for temporary or territorial government and 
for admission of the western settlements into 
the Union on terms of equality with the old 
states. Though the ordinance was passed by 
the Congress of the Confederation which was 
itself about to disappear, the principle was 
never lost sight of, but furnished the basis 
for the orderly and legal expansion of the 
nation; the principle thus formulated was of 
the utmost importance for a nation whose 
great task was to people a continent and to 
develope a, Federal Union. 

At first the Northwest Territory was to be 
one district, with a governor, secretary and 
three judges appointed by Congress. When 
there were five thousand free males of full age, 
there might be a general assembly composed of 
the governor, council, and house of representa- 
tives and possessed of legislative power. Not 
less than three nor more than five states were 
to be organized from the territory, and states 
with a free population of 60,000 might be ad- 
mitted into the Union. Announcing principles 
of liberty and maxims of free government, sim- 
ilar to the provisions in state bills of rights 
(see), the ordinance also excluded slavery: 
"There shall be neither slavery nor involuntary 
servitude in the said territory, otherwise than 
in punishment of crimes, whereof the party 
shall have been duly convicted." Perhaps even 



without this provision slavery would never 
have obtained a permanent and significant hold 
on the great northwest; but the precedent and 
the moral effect were of great significance. By 
an act of August 7, 1789, Congress under the 
Constitution established the ordinance anew 
and the next year applied its important govern- 
mental provisions, but not the provision con- 
cerning slavery, to the territory south of the 
Ohio over which it then had jurisdiction. 

There has been considerable discussion about 
the authorship of this wise ordinance but we 
must content ourselves with nothing much bet- 
ter than speculation. Jefferson and Rufus King 
by their early opposition to slavery in the 
northwest must be remembered; Nathan Dane 
of Massachusetts probably had more to do with 
drafting the actual ordinance than anybody 
else; and in all likelihood Manasseh Cutler, 
the agent of the Ohio Company, is responsible 
for the inclusion of some provisions. 

See Articles of Confederation; Confeder- 
ation; Public Lands and Public Land Poli- 
cy; Territories, Organized. 

References: G. Bancroft, Hist, of U. S. (au- 
thor's last rev., 1888), 277-291; W. MacDon- 
ald, Select Documents (1903), 21-29; A. C 
McLaughlin, The Confederation and The Con- 
stitution (1905), 108-126; B. A. Hinsdale, 
The Old Northivest (1888), ch. xv; J. A. Bar- 
ratt, Evolution of the Ordinance of 1787 
(1891). Andrew C. McLaughlin. 

ORDINANCES, EXECUTIVE. By executive 
ordinances are meant those regulations which 
are issued by the chief executive or the heads 
of executive departments. Generally speaking, 
American constitutional law does not recog- 
nize as belonging to any executive authority 
the right to issue regulations having the force 
of law in the absence of the delegation to such 
authority by the legislature of the power to 
issue such regulations. Furthermore it is 
frequently said by the courts that the legisla- 
ture may not delegate its powers of legislation 
to the executive authorities. At the same time 
it is undoubtedly the fact in the case of the 
United States Federal Government that Con- 
gress authorizes either the President or the 
head of an executive department to issue regu- 
lations with regard to some particular subject. 
Where such regulations have to do with the en- 
forcement of a law whose principles have been 
set forth by Congress in its legislation, such ac- 
tion by Congress is regarded as perfectly prop- 
er. Good examples of such regulations author- 
ized by Congress are to be found in the civil 
service rules prescribed by the President under 
the authority of the Civil Service Act of 1883 
and Section 1753 of the United States Revised 
Statutes, and the customs and internal revenue 
regulations prescribed by the Secretary of the 
Treasury or the Commissioner of Internal 
Revenue under the authority of other acts of 
Congress. 



586 



ORDINANCES, MUNICIPAL 



Regulations of this character when in con- 
formity with law are held by the courts to be 
binding upon the individual citizen, but the 
courts have no hesitation in declaring them 
illegal and refusing to enforce them where they 
have been issued in excess of the powers 
granted. 

These executive regulations form a very 
large and important part of the administra- 
tive law of the United States since the ten- 
dency of Congress is more and more to rely 
upon the action of executive officers to apply, 
by means of these regulations, the principles 
laid down by the Congress to the details arising 
in connection with its legislation. Executive 
ordinances or regulations are not, however, 
nearly so important in the administrative law 
of the states whose legislation usually descends 
into such details as to make executive regula- 
tions unnecessary. 

See Executive and Conoeess; Law, Ad- 
ministrative ; President, Constitutional 
Powers of. 

References: J. A. Fairlie, "Administrative 
Power of the President" in Mich. Law Review, 
II (1903-1904), 190-210, 247-259; E. Freund, 
Cases on Administrative Law (1911); F. J. 
Goodnow, Principles of Administrative Law 
of U. S. (1905). F. J. Goodnow. 

ORDINANCES, MUNICIPAL. Source of 
Ordinance Power. — The city charter and the 
general state laws relating to cities are usually 
the source of authority for the enactment of 
municipal ordinances. All legislative powers 
exercised by cities are considered to be powers 
delegated by the state legislature. Moreover, 
it is the American rule to enumerate in great 
detail in the charter the particular subjects 
relating to which municipal ordinances may 
be passed, and although usually some general 
language is used in the grant, the tendency of 
the courts is to construe a city's powers rather 
narrowly. There are some notable exceptions 
to the rules described. In several states the 
general ordinance power of cities is based on 
a constitutional guaranty of "home rule" 
(see) ; and in some instances the courts have 
recognized the ordinance power of the local 
communities as antedating and in some re- 
spects independent of legislative grants. In 
some instances, also, a broad general grant of 
powers by the legislature, either in lieu of, or 
in addition to, a detailed enumeration, has been 
effective. In many cases some ordinance pow- 
ers are derived incidentally from general stat- 
utes, such as the street railway law, or the 
law for the incorporation of wire-using com- 
panies. 

Scope of Municipal Ordinances.— As the pur- 
pose of ordinances is to give formal expression 
to the legislative will of the city with reference 
to the functions it has to perform, it is obvious 
that the scope of the ordinances is limited 
by the scope of the function (see Municipal 



8(3 



587 



Government, Functions of). It is further 
limited by the legislative will of the state as 
formulated in the statutes. Where a state law 
exists, a municipal ordinance contravening it, as 
a rule, would have no force, though an ordinance 
supplementing the law might be perfectly valid 
The importance of the municipal ordinances 
actually passed and in force varies greatly 
from state to state and from city to city, ac- 
cording to an extremely wide variation in gen- 
eral constitutional and legislative policies. For 
example, the body of ordinances of New York 
City is a trivial collection compared with the 
ordinances of Chicago or Philadelphia. A gen- 
eral distinction must be made between ordi- 
nances which are merely legislative in their 
character and ordinances which convey special 
privileges and, if accepted, establish a con- 
tractual relation between the city and certain 
private individuals or corporations. The for- 
mer are subject to amendment or repeal by the 
city at will. The latter are usually unchange- 
able and irrevocable except with the consent of 
the beneficiaries. Purely legislative ordinances 
may be roughly classified as follows: (1) re- 
lating to the organization of the city govern- 
ment; (2) levying taxes, authorizing loans, 
and making appropriations; (3) initiating 
public improvements; (4) regulating the use 
of the streets and public places, including 
traffic ordinances; (5) the building code, in- 
cluding regulations as to the height, strength, 
materials, style, and safety of tenements as 
well as of all classes of public or semi-public 
buildings; (6) the sanitary code, including 
regulations for the abatement of nuisances, for 
drainage and plumbing, for the care of con- 
tagious and infectious diseases, for the carry- 
ing on of dangerous or disagreeable occupa- 
tions, for the removal of dead animals, for the 
prevention of smoke, etc.; (7) regulating 
weights and measures and general market prac- 
tices; (8) relating to the general welfare, or- 
der and good government of the community, 
including the prohibition of vicious and in- 
decent conduct in public places, the regulation 
of billboards, the restriction of the liquor 
traffic, etc.; (9) regulating public utility serv- 
ices, rates and equipment, and determining the 
general rules under which revocable permits 
may be issued for the use of public property 
for private purposes. 

Contractual ordinances usually include 
grants to railroad, street railway, telephone, 
telegraph, messenger, signal, electric light and 
power, central heating, refrigerating and gas 
companies. Water supply, sewerage, pipe line, 
pneumatic tube, electrical conduit, ferry, de- 
pot, market and garbage removal companies 
are also sometimes the beneficiaries of fran- 
chise ordinances. 

Drafting, Publication and Passage of Munici- 
pal Ordinances. — Most of the general ordi- 
nances of a city are drafted by the city at- 
torney or corporation counsel, usually at the 



ORDINARY— OREGON 



request of the mayor or the legislative body 
or some committee or individual connected with 
the city government. The sanitary code is gen- 
erally drafted by the health department. 
Franchise ordinances have usually, in the past, 
been drafted by their beneficiaries, but this 
rule is being considerably modified in recent 
years. Particular ordinances which are the 
object of public agitation are occasionally 
drafted by committees of private citizens. The 
usual procedure requires all proposed ordi- 
nances to be referred to a general or a special 
committee of the city council and to be pub- 
lished in full in the council proceedings. Or- 
dinarily an affirmative majority of all the 
members is required to pass an ordinance and 
a two-thirds majority to pass it over the 
mayor's veto. Proposed ordinances may usual- 
ly be amended by the council at the same ses- 
sion at which they are to be passed, but gen- 
erally they do not go into effect until pub- 
lished in full in the city's "official" newspaper. 
In some cities ordinances may be initiated by 
petition and passed by vote of the people with- 
out reference to the mayor's approval. 

Enforcement of Municipal Ordinances. — The 
penalties which a city may impose for the 
violation of its ordinances are usually limited 
to small fines and short terms of imprison- 
ment, or, in the case of franchises, to forfei- 
tures. Enforcement of ordinances is through 
the police, special inspectors for special mat- 
ters, the city's legal department and the lower 
courts, which, in the case of large cities, are 
usually special municipal courts of criminal 
and civil jurisdiction. In important matters, 
however, an appeal may be taken by either 
party to the higher state courts, and where 
large property rights are involved an appeal 
may be taken against the city to the highest 
federal courts. 

See City and the State; Council, Mu- 
nicipal; Drafting of Legislation; Law, Ad- 
ministrative; Legislation and Legislative 
Problems in Cities; Veto Power. 

References: A. R. Hatton, Digest of City 
Charters (1906), III, IV; F. J. Goodnow, City 
Government (1904), ch. vii, Municipal Govern- 
ment (1909), ch. x; D. F. Wilcox, Municipal 
Government in Michigan and Ohio (1896) ; L. 
S. Rowe, Problems of City Government (1908), 
ch. vii; J. F. Dillon, Commentaries on the 



Laio of Municipal Corporations (5th ed., 
1911) ; A. F. Cosby, Code of Ordinances of New 
York City (1910) ; W. B. Munro, The Govern- 
ment of American Cities (1912), ch. viii. 

Delos F. Wilcox. 

ORDINARY. In England, an officer who had 
jurisdiction in ecclesiastical cases. In the 
United States, courts of ordinary formerly 
existed in New Jersey, South Carolina and 
Texas, with jurisdiction over the probate of 
wills and the administration of decedents' 
estates, and in South Carolina the ordinary 
was a judicial officer. The ordinary continues 
in Georgia, where he acts as probate judge and 
chief administrative officer of the county, lim- 
ited in some matters by the grand jury. See 
County and City Government. Reference: 
Bouvier, Law Dictionary (1897), II, 556. 

J. A. F. 

ORDNANCE, BUREAU OF. The Bureau 
of Ordnance is one of the bureaus of the United 
States Navy Department (see). Its operations 
cover the design and construction of guns, pro- 
jectiles, armor, powder, torpedoes and mines. 
It operates a naval gun factory, a powder 
factory, and a torpedo station. References: 
Secretary of the Navy, Annual Reports; J. 
A. Fairlie, National Administration of the U. 
8. (1905), 160. A. N. H. 

ORDNANCE, CHIEF OF. The Chief of 
Ordnance is the officer of the United States 
Army charged with the supply of arms and 
ammunition for the military service. The 
Ordnance Department maintains five arsenals 
for the manufacture of munitions of war, 
namely: The Frankfort arsenal, at which ar- 
tillery and small-arms ammunition is manu- 
factured; the Rock Island arsenal, at which 
personal and field artillery equipment and 
supplies are manufactured, also small-arms 
and cavalry equipment ; the Springfield armory, 
making rifles and other small-arms; the Wa- 
tervliet arsenal making large guns, especially 
for coast defense and artillery equipment; and 
the Watertown arsenal, making gun carriages 
and artillery equipment. References: Secre- 
tary of War, Annual Report; J. A. Fairlie, 
National Administration of the U. S. ( 1905 ) , 
145. A. N. H. 



OREGON 



Early History. — The state of Oregon, child 
of the pioneer American community of the 
Pacific coast, has a history which is of special 
interest in its early and in its recent phases. 
Prior to the organization of Oregon Territory 
by Congress in 1848 the region west of the 
Rockies and between California and Alaska 
known as Oregon was subject to no settled ju- 



risdiction. Yet American pioneer farmers had 
been going to the Willamette Valley overland 
for a number of years, following in the trail 
of the explorers, traders, and missionaries and 
as early as May, 1843, a provisional government 
was formed under the well-understood prin- 
ciples of compact. This government, as 
strengthened by certain enactments of the legis- 



588 



OREGON 



lative committee of 1844 and perfected by the 
adoption in 1845 of a revised organic law, 
ultimately united both American and British 
settlers in its support and proved adequate to 
the needs of the community until the United 
States government took control in March, 1849. 
The so-called Oregon question, already a gen- 
eration old, had been settled by treaty in 1846 
establishing the boundary between British and 
American territory west of the Rockies at the 
forty-ninth parallel {see Northwestern 
Boundaey Controversy; Washington). 



Oregon has the county system of local gov- 
ernment, the people of the county choosing 
every two years* or four years, as the case may 
be, the county officers consisting of a county 
judge and a varying number of commissioners, 
also a sheriff, treasurer, clerk, surveyor, school 
superintendent, assessor, and coroner. Under 
a new law the county school superintendent 
becomes the head of a county board of educa- 
tion which has the duty of appointing a suf- 
ficient number of supervisors to inspect month- 
ly all of the schools of the county, devoting a 




Boundaries of the State of Oregon, Showing Territorial Changes 



State Constitution. — Oregon became a state 
in February, 1859. A constitution had been 
adopted in convention more than a year pre- 
viously. This document, as amended by stat- 
ute in a few instances, provides the usual ma- 
chinery of government for the state. There is 
an executive department headed by the gover- 
nor who is chosen for the term of four years, 
and including also as elective officers a secre- 
tary of state, a state treasurer, an attorney 
general, a superintendent of public instruction, 
and a state printer. All are chosen for four 
years. The legislative assembly has two 
houses, a senate of thirty members chosen for 
four years by districts, and a house of repre- 
sentatives of sixty members chosen by districts 
for two years. The sessions are biennial and 
are limited regularly to forty days by a pro- 
vision restraining members from drawing their 
per diem compensation, $3.00, for a longer 
period of service. There is a supreme court 
of five members elected for six year terms. 
Circuit judges are chosen by districts. 



full day to each school. The superintendent 
makes one of the supervisors. The property 
of the county is taxed for the support of this 
system of supervision and also for the support 
of rural high schools established under certain 
restrictions and for a portion of the support 
of common schools. 

A movement has been afoot for several years 
to secure a constitutional amendment designed 
to remodel fundamentally the frame of govern- 
ment as here outlined. At the general election 
in November, 1910, the reformers' plan was 
voted down but the idea persists and it may 
be institutionalized at any general election by 
gaining a favorable vote. There is a strong 
sentiment in favor of changing to a unicameral 
legislature by abolishing the present senate. 

Initiative and Referendum. — The develop- 
ment of this constitution during the past ten 
or twelve years has brought Oregon prominent- 
ly before the world as a pioneer in the progres- 
sive political movement. The document as 
adopted was marked by no specially original 



OREGON 



feature. It was, however, reasonably satisfac- 
tory and since it could be amended only on 
the initiative of two successive legislative as- 
semblies no change at all was made in it for 
more than forty years. In 1899, after succes- 
sive appeals from the reforming element, the 
legislative assembly proposed the amendment 
which reserved to the people the right to initi- 
ate laws and constitutional amendments and 
also pass on measures adopted in the usual 
way by the legislative assembly. The succeed- 
ing assembly, in 1901, proposed the same 
amendment which thereupon went to the people 
at the general election in 1902. The vote stood 
62,024 in favor and only 5,668 against. 

Direct Primary. — This initiative and refer- 
endum amendment did not merely make a 
breach in the constitution; it provided a new 
political machinery by which modifications of 
the instrument could be secured easily and 
promptly at the will of the majority of voters. 
The immediate effect was to open a practicable 
way of securing remedial legislation for which 
the people had long been ready but which the 
political bosses and subservient legislatures 
had been unwilling to grant. Among these the 
first in importance as well as in time was a 
comprehensive primary election law which 
placed in the hands of the people directly the 
nomination of all state, county, and local offi- 
cers. The reformers brought forward their ini- 
tiative bill for this purpose at the general 
election of 1904, carrying it by an overwhelm- 
ing majority. The direct primary has effected 
a revolution in Oregon politics by eliminating 
the caucus and the convention. It has result- 
ed, naturally, in weakening the force of party 
attachments, a condition which proved so in- 
tolerable to the old-time leaders of the major- 
ity party that, in 1910, they developed an elab- 
orate plan to circumvent the primary law by 
holding what they called "assemblies" both for 
state and county purposes. These were merely 
conventions carried a step further back and 
designed practically to restrain the voters of 
the party to the choice of the "assembly's" 
candidate at the primary election. But the 
people rose in rebellion against the "assembly," 
defeating a portion of its candidates at the 
primary and some of the others — including the 
candidate for governor — at the general elec- 
tion. They preferred an anti-assembly Demo- 
crat to an assembly Republican. 

That party ties have become very loose is 
evidenced by the fact that the Oregon electo- 
rate, nominally Republican in nearly the ratio 
of two to one, has on three successive occa- 
sions chosen a Democratic governor; that at 
the general election in 1908 the people in- 
structed the Republican legislative assembly to 
elect Mr. Chamberlain (then Democratic gov- 
ernor) to the United States Senate — an in- 
struction which was unhesitatingly carried out ; 
and that a similar instruction was executed in 
favor of Mr. Lane, a Democrat, in November, 



1912. Besides the initiative and referendum 
and the primary election law, the "Oregon sys- 
tem" embraces the recall and a rigorous cor- 
rupt practices act (see). 

Working of the Referendum. — The initiative 
and referendum have been used both to supple- 
ment and to restrict the work of the legislative 
assembly. Acts like the primary election law, 
the corrupt practices act, the local option li- 
quor law and others which legislatures have 
always been chary about touching have been 
passed easily by the people. On the other 
hand, with some encouragement from the gov- 
ernor, a considerable body of legislation passed 
by recent assemblies has been referred to the 
people and by them has been rejected. One 
evil has been crowding the ballot, which in 
November, 1912, had on it thirty-eight dis- 
tinct measures, all of which had to be con- 
sidered by all voters. The result has shown 
some anomalies in the way of the passage 
of contradictory measures and even of some 
laws which public sentiment clearly fails to 
support. For these reasons the Oregon ex- 
perience seems to suggest the wisdom of 
carefully 1 safeguarding the initiative, perhaps 
by a provision requiring all initiative meas- 
ures to be submitted first to the legisla- 
tive assembly before going to the people for 
their vote. Among the constitutional amend- 
ments adopted in 1912 was the one extending 
the right of suffrage to women, which amend- 
ment had been proposed by initiative petition. 
The referendum, also, while amply justifying 
itself in principle, as has the initiative, has 
occasionally been used for sinister purposes by 
men who employed fraudulent means of raising 
petitions. In fact, petition "jobbing" has come 
into existence, men offering to procure as many 
thousands of names as might be wanted at a 
fixed price per name, sometimes as low as 
three and one-half cents. This again suggests 
a needed amendment making the use of money 
in circulating petitions a felony, and requiring 
those who demand a referendum on any meas- 
ure to go to the county clerk's office or to some 
other repository of petitions to record this de- 
mand, just as men go to the election booths 
to record their preferences on men and meas- 
ures. Up to the present time the recall has 
been but little used and while hot-headed per- 
sons have sometimes attempted to test its vir- 
tues in cases which hardly seemed to demand 
such drastic action, the good sense of the voters 
has generally prevented any serious abuse of 
the power. 

On the whole, it should be said, that while 
some features of the system are in obvious 
need of amendment, and while evilly disposed 
men sometimes betray the confidence of the 
people, the principles involved in the system 
have already rooted deeply in this new western 
soil. They have imparted a freshness and vigor 
to the political life of Oregon which was un- 
heard of in the days of dominant party conven- 



590 



ORGANIC THEORY OF THE STATE— ORGANIZATION 



tions, tractable legislatures, and old-fashioned 
senatorial contests. 

See Constitutions, State; Initiative; 
Legislation, Direct; Primary, Direct; Re- 
call; Referendum; State Governments. 

References: F. Strong and J. Schafer, Gov- 
ernment of the Am. People (Oregon ed., 1905 ], 
contains copy of state constitution and de- 
scription of county government; F. N. Thorpe, 
Federal and State Constitutions (1909), V, 
2983-3030; L. Pease, "Initiative and Referen- 
dum — Oregon's Big Stick" in Pacific Monthly, 
XVII (1907), 563-575; J. Schafer, "Oregon as 
a Political Experiment Station" in Am. Review 
of Reviews, XXXIV (1906), 172-176; P. S. 
Reinsch, Readings in Am. State Government 
(1911), 84-108. Joseph Schafes. 

ORGANIC THEORY OF THE STATE. The 

organic theory of the state represents an at- 
tempt to interpret its genesis, organization and 
life in the light of biological laws and prin- 
ciples. It maintains that the state in its 
structure, processes of growth, and functions 
is essentially analogous to a living organism 
and that in consequence the science of the 
state is but a part of the larger field of natu- 
ral science. The state, like animate objects, 
so the theory holds, comes into existence not 
by artificial mechanical processes but through 
natural processes ; it possesses organs essential- 
ly like those of biological organisms and per- 
forms its functions according to natural laws. 
The early writers on the state, beginning with 
Plato and Cicero, were fond of personifying 
the state and of attributing to it the qualities 
of animate life. Mediaeval writers also, like 
John of Salisbury, Marsiglio and Althusius 
were fascinated with the biological analogy 
and later scholars like Fichte, Krause, Spencer, 
Schaffle, Lilienfeld and many others made it a 
part of their systems of political philosophy. 
Bluntschli surpassed all his predecessors by 
the exaggerated application which he made of 
the organismic conception. In his Allegemeine 
Staatslchre and in his Psychologische Studien 
iiber Staat und Kirche he argued that the state 
was not a mere artificial machine but a "living 
spiritual organic being," the "very image of 
the human organism." Indeed, he went so far 
as to impute sexual attributes to the state, 
personifying it as masculine as contradistin- 
guished from the church to which he attributed 
the qualities of femininity. Herbert Spencer 
in his Principles of Sociology likewise devel- 
oped the biological analogy and defended the 
"parallelism between social and animal life." 
To each he attributed a "sustaining system," a 
"distributing system," and a "regulatory sys- 
tem." Schaffle and Lilienfeld elaborated and 
defended the organic theory with great learn- 
ing and ability. A more recent school of 
sociological writers, mostly French, have ap- 
proached the subject through the new science 
of sociology. Among the more important of 



591 



these writers may be mentioned Comte, Tarde, 
Lctourneau, de Greef, Fouillee and Rene 
Worms. 

The chief criticism of the biological and 
sociological conceptions is that they rest on 
mere analogies and analogies, at that, which 
are often fanciful if not absurd. The parallel- 
ism between the state and biological and social 
organisms breaks down at many points. The 
units (cells) of a biological organism have no 
independent life of their own, no power of 
thought or will, no power of self-determination. 
Moreover, the laws of growth and decay which 
reign in the natural world do not govern in 
the realm of politics. An organism comes into 
being, grows and discharges its functions in 
obedience to the blind forces of nature; and it 
has no power of self-direction or adaptation; 
Avhile on the contrary the state is created, 
changes its form and performs its functions by 
means of volition and conscious acts of men. 
It is what men make it, and is only, to a very 
limited extent, the result of natural laws. 

See Social Compact Theory; Sociology; 
State, Theory of; and under Political The- 
ories. 

References: The literature dealing with the 
organic conception of the state is very exten- 
sive. The following works may be mentioned 
as especially useful: F. W. Coker, Organismic 
Theories of the State (1910) ; K. Franz, Vor- 
schule Zur Physiologie der Staaten (1857) ; A. 
Kreiken, Ueber die sogenannte organiscTie 
Staatstherorie (1873); H. Leo, Studien and 
Skizzen zueiner Naturlehre des Staates 
(1833); P. Lilienfeld, Gedanken iiber die So- 
cialwissenschaft der Zukunft (1873-81) ; J. S. 
MacKenzie, Intro, to Social Philosophy ( 1895 ) , 
131-133; C. E. Merriam, Hist, of Sovereignty 
since Rousseau ( 1900 ) , 87 et seq. ; B. Schmidt, 
Der Staat (1896), Sec. II; G. Waitz, Grund- 
ziige der Politik (1862) ; R. Worms, Organisme 
et Societe (1896). James W. Garner. 

ORGANIZATION. Basis of Party Division. 
— There are two contradictory views of human 
nature which have to do with the dividing of 
citizens into parties. One is that man ap- 
proaches perfection according as each individ- 
ual is allowed to go his own way without 
coercion or guidance from others. The other 
is that man is a social being, that he realizes 
his true self only in organic relation with 
others; perfection is approached according as 
each individual finds his place in a just, and 
righteous state. The one view emphasizes the 
importance of the separate individual; the oth- 
er gives emphasis to that of organization. Ap- 
plied to the state, the individualist view would 
limit the field of government and leave to the 
citizen the widest possible range. 

The First Parties. — In the organization of 
the government of the United States, Jefferson 
and the Republicans represented the individu- 
alists; Hamilton and the Federalists empha- 



ORIGINAL JURISDICTION 



sized the importance of a strong central gov- 
ernment. Hamilton, leaning on the commercial 
and capitalistic classes, so far as then devel- 
oped, relied on internal and personal influence 
to attach the voter to the Federalist party. 
In order to protect the people against an over- 
centralized government, Jefferson organized in 
the voting precincts democratic clubs out of 
which, in a few months, grew up a great na- 
tional party. The Federalists, who distrusted 
the masses and did not organize them locally, 
partly for lack of such local organization, after 
a few years ceased to exist as a party, and then 
the party name was for many years such a 
term of reproach that few liked to admit that 
they had ever belonged to it. 

Whig and Republican Parties. — At a later 
day men trained in the school of Jefferson or- 
ganized a new party called the National Re- 
publican (see), which in 1834 assumed the 
name Whig ( see ) . Twenty years later cer- 
tain of the Whigs and Democrats combined to 
create the present Republican party (see). 
The one form of party organization which has 
stood the test of time is that which Jefferson 
early shaped to preserve the freedom of the 
individual against over-much government and 
which was adopted by Whigs, Democrats and 
Republicans. The Democratic party of today 
is, in its form, the party which Jefferson found- 
ed. The Republican party of today takes its 
form from the same source. It adopted the 
name that Jefferson gave to his organization 
and has followed the forms of organization 
found in that party. 

Party and Government Confused. — At first 
the party organization was quite distinct from 
the government and indeed was formed to op- 
pose the administration, to protect the people 
from their government. A little later this 
party gained control of the national govern- 
ment; thereafter, inasmuch as from 1800 to 
1860 the party of Jefferson was, under different 
names, almost continuously in power in the 
national government, the ordinary citizen 
ceased to distinguish clearly between party and 
government. Loyalty to the party was con- 
sidered loyalty to the government; and from 
the standpoint of sentiment the party had the 
advantage, as being nearer to the people, since 
only through the party did the people have 
access to the government. Since the Civil War 
the Republican party has had almost continu- 
ous supremacy in national affairs during a 
period nearly equal to that of the Democratic 
party before the war. Thus the organization 
that was created to protect the people from 
over-much government became in course of 
time, in a certain sense, the government, and a 
competing organization arose to protect the 
people from the abuses of the party in power. 

The Organization Becomes the Machine. — In 
the meantime the fundamental idea as to what 
constitutes a party organization has undergone 
a radical change. With Jefferson and Jackson 



as leaders the "organization" meant the mass 
of party members acting together to protect 
themselves against the few who through su- 
perior wealth and training were disposed to 
seize and hold the power of government. Since 
the Civil War the "organization" has gradu- 
ally come to mean not the rank and file of 
the party but a distinct class of party officers 
and party workers. Party officers, party lead- 
ers and party workers are so strongly organ- 
ized that they consider themselves and are con- 
sidered to be "the organization," of which par- 
ty members are supporters, but not members. 
As thus used the term means the machine 
which enables the party boss to control the 
government. The boss appeals to party loyal- 
ty and claims the support of every member of 
the party. The forming of a counter organi- 
zation within the party is treated by the boss 
as an act of treason. The inner organization, 
which a hostile public stigmatizes as "the 
machine" (see), the political boss identifies 
with the great historic party deserving the 
support of every member. Thus the means that 
Jefferson designed as a protection for the peo- 
ple has to a considerable extent become a tool 
for the oppression of the unorganized public. 
These changes coincide with a revolution in 
the organization of the industrial world where- 
by large classes of the people have become de- 
pendent for a living upon great monopolistic 
corporations. To protect themselves, the class- 
es whose interests are threatened organize for 
protection — labor unions and farmers' alliances 
are striking illustrations. In these various 
ways the field for organization has been greatly 
extended and the field for the independent in- 
dividual is correspondingly limited. 

See Boss; Committee, Pakty; Convention, 
Political; Machine, Political; Party Or- 
ganization; Party, Place and Significance 
of; Tammany. 

References: C. A. Beard, Readings in Am. 
Government and Politics (1911), 586-589, Am. 
Government and Politics (1910), 126-145; J. 
Bryce, Am. Commonwealth (4th ed., 1910), II. 
76 et seq.; J. Macy, Party Organization 
(1904), ch., i-ii; C. E. Merriam, Primary 
Elections (1904), ch. i; E. C. Meyer, Nomi- 
nating Systems (1902), chs. i-iv; M. I. Ostro- 
gorski, Democracy and the Party System 
(1910), chs. i-vi; P. S. Reinsch, Readings on 
Am. State Gov. (1911), 432, 454; D. G. Ritchie, 
Principles of State Interference (1891); H. 
Spencer, Man versus the State (1891); T. 
Roosevelt, "Machine Politics in New York 
City" in American Ideals (1897). 

Jesse Macy. 

ORIGINAL JURISDICTION. The authority 
or power of a court to take charge of an ac- 
tion when it is begun or instituted, as com- 
pared with appellate jurisdiction which is the 
right or power to review the decisions and 
findings of a lower court. A. C. McL. 



592 



ORIGINAL PACKAGE— OSBORN vs. BANK OF UNITED STATES 



ORIGINAL PACKAGE. The delegation to 
Congress of the power to regulate commerce 
with foreign nations and among the several 
states (Const., Art. I, Sec. viii, If 3) restricts 
in some measure the exercise by the states of 
their police power and power of taxation {sec 
Commerce, Governmental Control of; In- 
terstate Commerce and Cases ) . In deter- 
mining whether goods which have been brought 
into a state have ceased to be the subject mat- 
er of foreign or interstate commerce so that 
the restrictions arising from the commerce 
clause are no longer applicable to the exercise 
of state power with reference thereto, it has 
been found convenient to state the general 
rule that so long as such goods remain in the 
original package in which they have been trans- 
ported into the state and in the hands of the 
person thus bringing them into the state, they 
are not subject to the exercise of state power; 
the converse of the rule being that when goods 
thus brought into the state have become min- 
gled with other property by the breaking up of 
the original package or by its sale or transfer 
to another owner, the restriction no longer ex- 
ists. As applied to imported goods the rule 
excludes the exercise of the police power {see) 
or the taxing power on the part of a state; 
for the exercise of any police power with ref- 
erence to such goods would be a direct inter- 
ference with the laws of the United States reg- 
ulating importation, and the exercise of the 
taxing power would contravene the express pro- 
vision that ''no state shall without the consent 
of Congress lay any imposts or duties on im- 
ports or exports" etc. (Const., Art. I, Sec. x, 
If 2 ) . As to goods brought from another state 
the only restriction is that found in the com- 
merce clause; but this has been held sufficient 
to exclude the exercise of the state police power 
as to the bringing into the state, or the holding 
for sale or selling within the state, of goods 
which are properly the subject of commerce ao 
long as they remain in the original packages. 
Tlierefore, state restrictive legislation as to 
transportation, keeping, and selling intoxicat- 
ing liquors were held invalid as to original 
packages until Congress enacted the so-called 
Wilson Bill (1890, 26 Stat, 313) which pro- 
vided that such liquors should upon arrival at 
their destination in the state be subject to the 
operation of the laws of the state enacted in 
the exercise of its police power. 

The same principle renders invalid the exer- 
cise of the state taxing power as to goods in 
the original packages either by way of a license 
tax on the privilege of selling or a discrimina- 
tory general tax on the property itself. But 
taxes not discriminatory may be levied on 
goods brought from another state which have 
reached their destination and are held for sale 
or other disposal. The form or size of the 
package is to be considered only for the pur- 
pose of determining whether the goods con-' 
tained therein have been in good faith brought 



593 



into the state and are being held in accordance 
with the usual course of business with refer- 
ence to such goods. 

See Commerce, Governmental Control of; 
Interstate Commerce and Cases; Liquor 
Legislation. 

References: Leisy vs. Hardin, 135 U. S. 100; 
Bowman vs. Chicago, etc., By. Co. 125 U. S. 
465; T. M. Cooley, Principles of Constitutional 
Law (3d ed., 1898), 77; E. McClain, Constitu- 
tional Law in the United States (1910), 158. 
Emlin McClain. 

ORLEANS TERRITORY. After the annex- 
ation of Louisiana (see), Congress divided the 
region purchased from France into two terri- 
tories (1804). The Territory of Orleans in- 
cluded that portion of the Louisiana purchase 
lying east of the Mississippi River and south 
of the Mississippi territory, that is, south of 
the thirty-first parallel, and that portion of 
the Louisiana purchase lying west of the Mis- 
sissippi River and south of the thirty-third 
parallel. The remainder of the territory pur- 
chased in 1803 was called the District of Louisi- 
ana and its government intrusted to authorities 
of Indiana territory. In 1805 the District of 
Louisiana was erected into the Territory of 
Louisiana and the Territory of Orleans given 
a more liberal form of government exactly like 
that of the territory of Mississippi. The own- 
ership of five of the parishes lying south of 
Mississippi — the so-called "Florida parishes" — 
was disputed between Spain and the United 
States and Spain retained control of these 
parishes until 1810 when by a revolution of 
the American settlers the Spanish power was 
overthrown. A few months later in 1810 a 
proclamation from President Madison declared 
that the land in dispute had at all times been 
part of the Louisiana purchase and directed 
the governor of the territory of Orleans to 
exercise authority over that region as a part 
of the territory of Orleans. In 1812 the terri- 
tory of Orleans was admitted into the Union 
as a state under the name of Louisiana, with 
boundaries as they now are. See Florida An- 
nexation; Louisiana Annexation; West 
Florida. Reference: F. N. Thorpe, Federal 
and State Constitutions (1909). 

W. L. F. 

ORPHANS' COURT. See Court, Orphans'. 

OSBORN vs. BANK OF UNITED STATES. 

The bank of the United States, chartered by 
an act of Congress, brought a suit in the prop- 
er federal court of Ohio, in 1824, to restrain 
Osborn and others, as state officers, from col- 
lecting a state tax on the bank (9 Wheaton, 
738). The trial court rendered a decree 
against the state officers and they appealed to 
the Supreme Court of the United States, con- 
tending, first, that the federal courts were 
without authority under the Constitution to. 



OTIS, JAMES— OUTDOOR RELIEF 



entertain such suit, and, second, that the suit 
was in effect one against a state and therefore 
within the prohibition of the Eleventh Amend- 
ment. With reference to the first contention 
it was held that as the bank existed only under 
and in pursuance of the laws of the United 
States, a controversy to which it was a party 
was a case arising under the laws of the 
United States and therefore cognizable in the 
federal courts (Const., Art. Ill, Sec. ii, 1f 1), 
although the subject matter of the litigation 
might not be such as of itself to bring it with- 
in the scope of the federal judicial power (see 
Courts, Federal, Jurisdiction of). With ref- 
erence to whether the suit was against a state 
within the prohibition of the Eleventh Amend- 
ment, it was held that as the state of Ohio 
was not formally a party to the record the 
provisions of the amendment were not appli- 
cable; but in this respect the case has not been 
followed in later decisions (see States as Par- 
ties to Suits ) . On the fundamental question 
as to the exemption of the United States Bank 
from state taxation, the principle announced in 
McCulloch vs. Maryland {see) was re-affirmed. 

E. McC. 

OTIS, JAMES. James Otis (1725-1783) 
was born at West Barnstable, Massachusetts, 
February 5, 1725. In 1748 he was admitted to 
the bar, and began practice at Plymouth, but 
removed to Boston in 1750. Here he rose rap- 
idly to a foremost place at the bar, and was 
appointed advocate-general for Massachusetts. 
In 1761, however, as counsel for merchants of 
Boston and Salem, he resigned his office and 
made a notable argument against writs of 
assistance (see). For the next few years he 
was one of the leaders of the colonial opposi- 
tion to Great Britain. In May, 1761, he was 
elected a representative to the general court; 
and in 1764 published The Rights of the Brit- 
ish Colonies Asserted and Proved. He was a 
member of the committee which recommended 
the calling of the Stamp Act congress, sat in 
the congress as a delegate, and served on the 
committee which drafted the address to the 
House of Commons. In 1766 he was elected 
speaker of the Massachusetts house, but the 
choice was negatived by Governor Bernard; 
and in 1768 he was a member of the committee 
which drew up the Massachusetts circular let- 
ter. In September, 1769, he was assaulted by 
a customs officer, and his mind impaired. He 
died at Andover, Massachusetts, May 23, 1783. 
See Revolution, American, Causes of. Ref- 
erences: W. Tudor, Life of James Otis (1823) ; 
John Adams, Works (1850-56), I, II, X; R. 
Frothingham, Rise of the Republic of the U. S. 
(6th ed., 1895), ch. v. W. MacD. 

f 

OUTDOOR RELIEF. Many students of so- 
cial questions favor the abolition of outdoor 
relief from public sources, on the ground that 
such assistance should be left to the generosity 



of individual givers and charitable organiza- 
tions. They maintain that outdoor relief tends 
to breed pauperism by destroying self-respect, 
discouraging thrift, and creating the habit of 
dependence. They represent that public officers 
are often corrupt, and when they are honest, 
lack the insight and discrimination necessary 
to the wise distribution of such assistance. 

Those who favor outdoor relief maintain that 
the abuses are unnecessary, and that public 
officers can be so instructed and so restricted 
by law as to avoid them. They maintain that 
outdoor relief, properly distributed, is much 
more economical than indoor relief; that it 
obviates the cruelty of sending decent poor 
persons to the almshouse; and that it avoids 
the necessity for breaking up families and sep- 
arating children from their parents and from 
their brothers and sisters. 

Public outdoor relief has now for some years 
been abolished in New York, Brooklyn, Buffalo 
and other important communities; and it is 
claimed that there has been little if any in- 
crease of suffering among the poor, while there 
has been a great relief to the tax payers, and 
a great stimulation of wise private endeavor. 

Recently there has been a strong reaction in 
favor of public pensions for widows to enable 
them to care for their children at home in- 
stead of giving them up to strangers. The 
legislatures of 1911 in Ohio and Missouri 
passed laws expressly authorizing such pen- 
sions, while public officers in some of the states 
have instituted them under existing laws. 

Outdoor relief may be administered either in 
the form of cash — usually in monthly install- 
ments — or in the form of material relief — pro- 
visions, fuel, clothing, etc. Those who favor 
cash payments maintain that many poor people 
can do better for themselves with a small sum 
of money than with material which may or 
may not be what is most needed. Those who 
favor material relief maintain that money is 
likely to be spent for liquors or other super- 
fluities, and that material supplies can be pur- 
chased by the public authorities at wholesale, 
so that the same amount of money will go 
much further for actual relief. It is generally 
agreed that there is need of much greater wis- 
dom, discrimination and efficiency in the ad- 
ministration of outdoor relief than has usually 
been exercised. Public sentiment is growing 
in favor of the careful instruction of the of- 
ficers who are called upon to administer it. 

See Charities; Poverty and Poor Relief. 

References: E. W. Capen, Historical Devel- 
opment of the Poor Law of Connecticut 
(1905) ; New York State Board of Charities, 
Charity Legislation in New York State, 1609- 
1900 (1904) ; Indiana State Board of Chari- 
ties, Development of Public Charities and Cor- 
rection in the State of Indiana, 1792-1910 
(1910); H. Shaw, Settlement Laws of Mass. 
(1900); E. Wade, Code Relating to the Poor 
of N. Y. (1890); H. A. Nelson, Poor Laws 



594 



OVERSEERS OF THE POOR— OYSTER COMMISSIONS 



of the State of N. Y. (1871); A. G. War- 
ner, American Charities (1908); J. Cum- 
mings, "Massachusetts Poor Laws" in Am. 
Economic Assn., Publications, July, 1895; 
James Devon, Criminal and the Community 
( 1912 ) ; August Drahms, The Criminal, His 
Personnel and Environment (1900) ; Cesare 
Lombroso, Crime Its Causes and Remedies 
(1911). Hastings H. Hart. 

OVERSEERS OF THE POOR. Overseers of 
the poor are officers charged with the care 
of the poor and unfortunate. They are either 
local officials chosen especially for the office 
or they are members of some board to which 
the care of the poor has been assigned by 
statute. The jurisdiction of such an individual 
official or board in reference to the poor will 
depend upon the unit or units of local govern- 
ment concerned; for the township, the county, 
or the township and county combined, may pro- 
vide for the needs of the poor. The almshouse 
is usually a county house, and the poor-farm a 
county farm. The selectmen in New England, 
the township trustees in some states, the jus- 
tices of the peace in others, or the county 
board of supervisors or commissioners in still 
others, may have general charge of and be con- 
sidered in all respects as overseers of the poor 
and unfortunate. Again, district officers, vary- 
ing in number from one to three or more, may 
be found in some places. 

The duties and functions of the overseers of 
the poor are both difficult and delicate. First 
of all the question of what constitutes a legal 
settlement must be determined — a matter 
which must frequently be brought before the 



courts for adjustment. In certain cases the 
overseers are required to fix the care of an 
unfortunate individual upon some relative. 
They may also be required to bind out minors 
as apprentices, if it appears that such minors 
are likely to become a public charge. To care 
for the needy sick and to return non-resident 
poor to their proper place of residence are in 
other jurisdictions among the specified duties 
of overseers. 

See County and City Government; Out- 
Door Relief; Poverty and Poor Relief; 
Towns and Townships. 

References: A. Shaw, "Local Government in 
Illinois"; E. R. L. Gould, "Local Gov- 
ernment in Pennsylvania;" E. W. Bemis, "Lo- 
cal Government in Michigan and the North- 
west;" E. Ingle, "Parish Institutions of Mary- 
land," all in Johns Hopkins University Studies 
(1S83), I, iii, v, vi; G. E. Howard, Local 
Constitutional Hist. ( 1889 ) , I, 191 ; J. A. Fair- 
lie, Local Government (1906), 159, 178; stat- 
ute laws of the several states. 

Benjamin F. Shambaugh. 



OYER AND TERMINER, COURT 

See Court of Oyer and Terminer. 



OF. 



OYSTER COMMISSIONS. Commissions 
formed in a number of coastwise states for the 
control of the oyster and other shellfish indus- 
tries; sometimes constituting a branch of fish 
commissions (see). Their most important du- 
ties are enforcing the oyster laws and regula- 
tions, surveying the state waters, and selling 
or leasing bottoms for oyster planting. See 
Fish Commissions. H. M. S. 



595 



PACIFIC BLOCKADE— PACIFIC RAILROADS 



PACIFIC BLOCKADE. Pacific blockade is 
regarded as a measure of constraint short of 
war. It consists in the closing of a port or 
ports of one state by the forces of another 
state or of other non-belligerent states. This 
device was first resorted to in the case of the 
closing of the Greek ports by the Powers in 
1827, and has been tried under varying condi- 
tions since that time. The United States has 
generally maintained that such measures can- 
not be held to affect states not concerned in 
the operations. The general opinion at pres- 
ent is that the effects of pacific blockade should 
be confined to the blockading parties. See 
Blockade; Intervention; Wak, Carrying on. 
References: A. E. Hogan, Pacific Blockade 
(1908); U. 8. Foreign Relations, 1897, 253- 
255, 1898, 384, 1903, 417 et seq. G. G. W. 

PACIFIC ISLANDS, DIPLOMATIC RELA- 
TIONS WITH. The United States was early 
interested in the islands of the Pacific, on ac- 
count of the large number of American ships 
which traded in that ocean. In 1813 Captain 
Porter, in the frigate Essex, formally occu- 
pied Madison Island, one of the Marquesas 
group, built a fort and a village, and left a 
garrison, but his action was not ratified by the 
government. In 1829 Captain Finch negoti- 
ated with the island chiefs in order to improve 
American relations; in 1855 a government ex- 
ploring expedition made agreements with 
various native authorities for the protection 
of American consuls, seamen and vessels. 

Hawaii (see) was early taken under a vir- 
tual protectorate; representations were made 
to France in 1842 and 1851, and to England in 
1843, that the United States would object to 
their seizure of the country; and marines were 
landed to preserve order in 1874, 1889, and 
1893. A treaty of commerce was made in 1849, 
and of reciprocity in 1875, which, when re- 
newed in 1884, granted Pearl Harbor as a coal- 
ing station. Samoa (see) made a commercial 
treaty in 1878, and gave Pago-Pago for a coal- 
ing station; from that time until 1899 the 
United States was involved in disputes with 
England and Germany over the sovereignty and 
the government of the islands. 

Treaties providing for extraterritorial juris- 
diction by American consuls were negotiated 
with Borneo, 1850, Samoa, 1878, Madagascar, 
1881, and Tonga, 1886. Congress, in 1860, in- 
vested American consuls with extraterritorial 
functions in all other islands not inhabited by 
civilized people. 



The United States took little part in the 
international scramble for the independent Pa- 
cific islands, 1880-1900, although it could have 
done so with success since some of them were 
in undisturbed possession of American citizens. 

See Dependencies of the United States; 
Guam; Hawaii; Samoa; map on opposite page. 

References: J. B. Moore, Digest of Int. Law 
(1906), I, 475-580; A. B. Hart, Foundations 
of Am. Foreign Policy (1901), ch. v; J. B. Hen- 
derson, Am. Diplomatic Questions (1901), 205- 
286; W. F. Johnson, Century of Expansion 
(1903), ch. viii; E. J. Carpenter, America in 
Hawaii ( 1899 ) ; A. C. Coolidge, U. 8. as a 
World Power ( 1908 ) , ch. xvii ; J. M. Callahan, 
Am. Relations in the Pacific and the Far East 
(1901). George H. Blakeslee. 

PACIFIC RAILROADS. From the first agi- 
tation for a transcontinental railroad the usu- 
al name suggested was Pacific Railroad. Sur- 
veys began in earnest about 1852, but construc- 
tion was delayed, partly because of the rivalry 
of the northwest and southwest as to the point 
of departure: Illinois being the champion of a 
road which' would start at Council Bluffs; Mis- 
souri standing out for a road which would 
leave the Missouri River at a point at or near 
Independence. Elaborate reports of the sur- 
veys showed a convenient pass from the head- 
waters of the Platte to Salt Lake; and an- 
other around the Rocky Mountains to the 
south. 

Charters and Routes. — The main charters of 
the roads were enacted, July 1, 1862; supple- 
mentary charters, July 27, 1866, and March 
3, 1871. Inasmuch as they were to run al- 
most entirely through regions where there were 
no states, the charters were granted by the Fed- 
eral Government. By various acts of Congress, 
provision was made for the Union Pacific, west 
from Council Bluffs; the Central Pacific, east 
from San Francisco; the Kansas Pacific from 
Kansas City to Denver; the Southern Pacific 
from New Orleans to Los Angeles; the North- 
ern Pacific from St. Paul to Puget Sound; the 
Texas and Pacific from Shreveport westward. 
All the roads mentioned, together with a so- 
called Central Branch running northwest from 
Kansas City, received federal aid by the gift 
of public lands, or the use of public lands, or 
both, as did the Sioux City and Pacific, At- 
lantic and Pacific (Santa Fe), and the Bur- 
lington and Missouri River in Nebraska. 

The first through connection was made by 
the Union and Central Pacific Railroads which 



596 



PACIFIC RAILROADS 





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joined their rails at Promontory Point, May 
10, 1869. The Southern Pacific completed its 
through line in 1881; the Northern Pacific in 
1883. The fourth transcontinental line to be 
completed was an unsubsidized road, the At- 
chison, Topeka and Santa Fe, from Kansas 
City, by the southern route, to San Francisco, 
opened in 1883. Large quantities of land 
grants were eventually forfeited for failure to 
construct in the required period. 

The name Pacific has also been adopted by 
various private roads, as the Missouri Pacific, 
the Western Pacific, the Northwestern Pacific, 
and others, and by the Canadian Pacific, which 
is aided by the Canadian Government. 

Besides the aided roads, three important 
private lines to the Pacific coast have been 
completed up to 1912 — the Great Northern from 
St. Paul to Puget Sound, the Chicago, Mil- 
waukee and Puget Sound, and the Denver and 
Rio Grande, and Western Pacific line from 
Denver to San Francisco. The Southern Pa- 
cific system- also has a line from the vicinity 
of Ogden to the Columbia River and Portland. 

Government Aid. — Amost all the principal of 
the bonds issued by the United States govern- 
ment in aid of these railroads ($64,623,512) 
was eventually repaid between 1897 and 1899, 
together with the total of the interest pay- 
ments (about $63,196,000) ; but no interest 
upon these payments was exacted for the aver 



age term of twenty years between the outlay 
and the recompense. 

The three great land grant roads, the North- 
ern Pacific, the Union and Central Pacific 
(since consolidated into the Southern Pa- 
cific) and the Southern Pacific, proved up on 
their land grants. Where settlers had already 
come in, the railroads were allowed to replace 
that land with "selections" made outside the 
land grant line, and that privilege has been 
used in some cases to get possession of valu- 
able coal and timber lands. On the retained 
government sections, one-half the whole land 
within the two lines parallel with the railroad 
and ten miles distant on each side, the Govern- 
ment charged $2.50 an acre instead of $1.25. 
The roads were bound to transport govern- 
ment freight on special terms. 

Responsibilities of the Roads. — By an act 
of August 7, 1888, they were obliged to allow 
telegraph lines to be constructed on their right 
of way, which was, throughout, a gift of the 
Government, so far as private parties had not 
already acquired title. The roads for a long 
time resisted the repayment of the govern- 
ment subsidy bonds on the ground that they 
were poor; had built branches without a sub- 
sidy; and had performed a great public service. 

Pacific railroads were a political necessity 
because California felt very independent in the 
sixties and was at an immense distance by sea; 



597 



PACIFIC SLOPE 



but this was the first case in the history of 
the world where great railroads had been built 
into a totally unsettled region; and the con- 
structors of the roads took many risks for 
which, however, they have since received a 
rich reward. 

So long as the bonds were outstanding the 
Federal Government had a representation in 
the directorate of the roads; and the public 
land officials have always been necessarily in 
close touch with the land grant roads. Some 
stretches of the land grant were forfeited be- 
cause the roads were not completed at all, or 
not completed within the contract period; this 



gave rise to a great confusion of titles among 
those who bought the railroad land in good 
faith. Most of such titles were eventually ad- 
justed by the Federal Government favorably to 
the occupiers. 

See Panama Canal; Post Roads ; Rail- 
roads, Public Aid to; Tean sport ation by 
Government. 

References: J. P. Davis, Union Pacific Rail- 
way (1894); E. V. Smalley, Northern Pacific 
Railroad (1883); W. F. Rae, Westward by 
Rail (1874) ; Poor's Manual of Railways (an- 
nual) ; G. M. Dodge, How We Built the Union 
Pacific (1910). Albert Bushnell Hart. 



PACIFIC SLOPE 



Topography. — No section of the Union is 
more clearly marked out by its physical char- 
acter and its special social and political condi- 
tions than the area west of the tributaries of 
the Colorado and Missouri rivers. The Pacific 
slope declines steeply from the summit of the 
Sierras and Cascades westward, a region of 
bold and confused mountains enclosing the 
great valleys of the interior of California, Ore- 
gon and Washington. In addition there is 
the upper valley of the Columbia, and its tribu- 
taries, which, though different in contour and 
climate from the coastal strip, is included in 
the states of Oregon and Washington. 

Timber, Fisheries and Mining. — Till the dis- 
covery of gold in 1848, this region had only 
three products that the world wanted; hides 
from the great cattle ranges of southern Cali- 
fornia, furs from the Puget Sound region, and 
timber; and the first two have nearly disap- 
peared. In most places where a steer could 
live, regular crops can be grown; and even in 
the heart of the mountains it pays better to 
farm than to catch animals for their pelts. 

The lumbering industry, however, has become 
enormous. Nowhere on the face of the globe 
was there, in 1850, such a stand of timber 
within easy reach of tide water. The trees 
over great areas were enormous in size and 
of magnificent quality, easy to get, easy to saw, 
and easy to ship. Hence for more than half a 
century the saw mill has been eating into the 
timbered areas. Large parts of the coastal 
plain of Washington have been cut over and 
the blackened stumps, almost indestructible by 
time, make desolate the landscape for hun- 
dreds of miles. The soil underneath is fer- 
tile but it costs from $50 to $200 per acre to 
get out the stumps in such a region. Lumber- 
ing in general has been wasteful and there has 
been great destruction from fire. 

A third large industry of the Pacific coast 
is the fisheries, particularly the salmon on the 
Columbia in Puget Sound and the off-shore 
fisheries for halibut and other kinds which has 



now extended northward into Alaska. A con- 
siderable amount of the market on the Atlantic 
Coast is supplied by transcontinental shipment 
from this source. 

Mining is important in all the states; coal 
in Washington, gold in Oregon, copper and 
gold in California. The placer gold deposits 
throughout this region, and particularly on 
certain of the streams coming down from the 
Sierra Nevadas, have been worked over, but 
gold mining on an elaborate scale is an im- 
portant industry in California and elsewhere. 
One type is the extraction of gold bearing 
quartz from which the metal is obtained. An- 
other is to follow the "fossil placers," that is 
old beds of streams covered over with a bed 
of lava. Another type is the gold dredging 
method, in which enormous amounts of gravel 
are handled by machinery. Probably a large 
amount of gold will eventually be located in 
Oregon and Washington. In the interior basin 
of the Columbia there is coal. Oil is abundant 
in several parts of California and furnishes a 
valuable cheap fuel. 

Agriculture. — The main industry of all these 
states is still agriculture; and California is 
the only state in the Union in which there are 
agricultural estates of thousands of acres, fruit 
ranches, • wheat ranches, raisin ranches, wine 
ranches, brandy ranches, leased or managed for 
the benefit of the owners. For the raising of 
grain, particularly of wheat, the plains of cen- 
tral California are especially adapted. About 
1880 it was discovered that a range of rolling 
hills of blown material called the Pelouse 
District in eastern Washington was extraordi- 
narily fertile; and as the rainfall is sufficient, 
this has become a great area for wheat grow- 
ing, and has taken on itself the name of "In- 
land Empire." 

A great industry in fruit has sprung up all 
along the coast, walnuts, olives, prunes, raisins, 
oranges and lemons (commonly grouped as 
"citrus") small fruits, and in the north, ap- 
ples (particularly in certain sheltered parts 



598 



PAINE, THOMAS 



of the Columbia valley). Much of this 
growth has been well protected by the tariff 
from competition with the Mediterranean. 
Wine is a particular industry in California, 
and it is the only part of the United States in 
which native wines are widely used. 

Population. — The population of the Pacific 
Coast is very complex. From 1900 to 1910 it 
increased from 2,416,692 to 4,192,304, a gain of 
73.5 per cent. There are still a few tribes of In- 
dians. The forty-niner movement brought peo- 
ple to California from all over the world, and 
it has since been receiving samples of almost 
all the immigrant races. The population of 
California shows the effect of this mixture of 
elements, and of the irregular and violent con- 
ditions of the early state. As a community 
California is accustomed to listening to ex- 
treme doctrines on all political and social sub- 
jects. Oregon, first settled half a century ago 
by eastern people, was long singularly un- 
progressive; but, being set off very much by 
itself, has suddenly taken up new methods of 
government and has led all the states in the 
Union in its adoption of the primary in the 
direct election of United States Senators, the 
initiative, referendum and recall, and the 
short ballot. Woman suffrage was adopted 
in Washington in 1910, in California, 1911, and 
in Oregon, 1912. Washington, with the ex- 
ception of Slavs at Seattle, has a population 
containing few non-English elements. All the 
states have two Asiatic elements, the Chinese 
since 1850, the Japanese since about 1890, 
who have contributed of their labor to the 
improvement of those states but who are 
looked upon with aversion by most of the 
white people, partly from an unfounded idea 
that they lower the rate of wages, but chiefly 
from an instinctive objection to allowing a 
non-Caucasian race to grow up and to repeat 
with greater difficulties the experience of the 
southern states with an African race. 

Characteristics.— The people of the Pacific 
Coast are so far from the great centers of the 
east that they have their own press, and to 
a considerable degree their own political sys- 
tem. The people of California, after forty 
years of political and economic control by the 
railroads of the state, in 1910 overthrew that 
domination. All the states have for many 
years had a good educational system and Cali- 
fornia boasts the highest average cost per pupil 
that is expended in any state in the Union. 
They all have state universities, and there are 
two in Washington, where the main centers 
of population are four hundred miles apart. 
They all have a system of high schools. In 
the close relation between grade school, high 
school and university system, they resemble 
the great middle western states. 

The Pacific coast as the point of departure 
for commerce to Asia is especially interested 
in all Oriental problems. There was a time 
when it seemed likely to play some inde- 



pendent part but it has long been bound to 
the East by the railroads (see Eailroads, Pa- 
cific). The Panama Canal (see) specially in- 
terests the coast, as giving it a competing wa- 
ter transportation to the Gulf of Mexico and 
the whole Mississippi valley. California, par- 
ticularly southern California, is a resort for 
travelers and health seekers; and the magnifi- 
cent mountains, including the Sierras and the 
snow clad peaks of Oregon and Washington, 
are likely to attract more and more people 
from the East. 

See American Government and Geography ; 
Far West; Frontier in American Develop- 
ment; Physiography of North America; 
Public Lands and Public Land Policy; Pa- 
cific Railroad; West as a Factor in Ameri- 
can Politics. 

References: H. H. Bancroft, Hist, of Cali- 
fornia (1886-1890), Hist, of the Northwest 
Coast (1886), Hist, of Oregon (1886-88), 
Retrospect, Political and Personal (1912) ; N. 
S. Shaler, The United States (1890), I, 341- 
374; list of state histories in Channing, Hart 
and Turner, Guide to Am. Hist. (1912), § 374; 
bibliography in ibid, §§ 215, 216; Joseph Le 
Conte, Autobiography (1903). 

Albert Bushnell Hart. 

PAINE, THOMAS. Thomas Paine (1737- 
1809) was born at Thetford, England, Jan- 
uary 29, 1737. He came to America in 1774 
at the suggestion of Franklin, who had been 
attracted by his ability as a writer. In Jan- 
uary, 1775, he became editor of the Pennsyl- 
vania Magazine. The publication of a pam- 
phlet entitled Common Sense, in January, 1776, 
established his literary reputation, and con- 
tributed powerfully to solidify opposition to 
Great Britain and a desire for independence. 
A series of papers entitled Crisis, begun in 
December, 1776, was widely read. After a 
brief service in the army, he became secretary 
to the committee of Congress on foreign af- 
fairs, but was dismissed in January, 1779, in 
consequence of the Silas Deane controversy. 
Subsequently he acted for a time as secretary 
of the Pennsylvania assembly, and in 1781 
accompanied Henry Laurens on his mission 
to France. In 1791 he published in England 
The Rights of Man, in reply to Burke's Re- 
flections on the French Revolution. For this 
he was tried for treason and outlawed, but 
escaped to France, where he was elected a 
member of the National Convention. His 
moderate republicanism, together with his ef- 
forts to save the king, earned him the hostility 
of the Terrorist leaders, and he was imprisoned 
for a year. In 1794-95 he was again in the 
Convention. In 1802 he returned to the United 
States and was befriended by Jefferson. He 
died at New York City, June 8, 1809. See 
Revolution, American, Causes of. Refer- 
ences: Thomas Paine, Writings, M. D. Con- 
way, Ed. (1894-96); M. D. Conway, Life of 



599 



PAINS AND PENALTIES, BILL OF— PANAMA CANAL 



Thomas Paine (1892) ; J. Cheetham, Life of 
Thomas Paine (1809) ; E. Sedgwick, Thomas 
Paine (1899). W. MacD. 

PAINS AND PENALTIES, BILL OF. A 

special act of the legislature, which inflicts 
punishment less than death, for high offenses 
such as treason and felonies, without judicial 
procedure. It differs from bills of attainder 
in that the latter inflict the punishment of 
death, but bills of pains and penalties are 
included within the meaning of the federal 
constitutional provision, forbidding forfeiture 
of property, or corruption of blood beyond the 



life-time of the person attainted ( United States 
Constitution, Art. Ill, Sec. iii, jf 3). See At- 
tainder. References: W. W. Willoughby, Con- 
stitutional Law of U. 8. (1910), II, 801; Cum- 
mings vs. Missouri, 4 Wall. 277; 18 L. Ed. 
356. H. M. B. 

PAIRS, LEGISLATIVE. A term referring 
to the practice of members of a legislative 
body, by which two members of opposing 
parties agree to refrain from voting on a 
prescribed subject, or to be absent during a 
certain time. First used in the United States 
House of Representatives in 1839. Q. C. H. 



PANAMA CANAL 



Problems. — Construction began in a prelimi- 
nary way in 1904, but before the work could 
be started according to comprehensive plans, it 
was necessary as a preliminary to solve three 
problems : 

(1) The canal zone, including the cities of 
Panama and Colon, had to be put in sanitary 
conditions. In 1904-06, this wcrk was thor- 
oughly done by Colonel William C. Gorgas, a 
member of the Isthmian Canal Commission, 
and the head of the Department of Sanitation 
on the Isthmus. Since 1906, the health record 
on the Isthmus has been everything that could 
be desired. 

(2) During these two years of preparatory 
work, it was uncertain whether the work had 
better be done under contract or directly by 
the government. The difficulty of securing 
satisfactory contracts fortunately Ted the 
United States to decide to proceed with the 
execution of the work. Congress required the 
President to appoint a commission of seven to 
construct the canal. After experimenting with 
two civil commissions, President Roosevelt 
decided to place the work in charge of a com- 
mission with an army officer as its chairman, 
and to place as much authority as possible in 
the chief engineer. The chief engineer first ap- 
pointed, Mr. John F. Wallace, and also his 
successor, John F. Stevens, were handicapped 
and resigned because they did not have suf- 
ficient authority. Colonel George W. Goethals, 
whose extraordinary success in the construc- 
tion of the canal has commanded the admira- 
tion of the entire world, was made both chair- 
man of the Commission (April 1, 1907) and 
also chief engineer and de facto governor of 
the Canal Zone. 

(3) The most important preliminary ques- 
tion to settle was whether the canal should 
be constructed as a sea-level waterway or 
whether it should have locks. The majority 
of American engineers favored the lock pro- 
ject; foreign engineers and certain influential 
people in the United States considered the 



sea-level project preferable; the decision finally 
was in favor of the lock project. This was 
most fortunate; it has since become evident 
that the sea level project would have been in* 
ferior to the plan for a lock canal that was 
adopted. 

Description of the Canal. — The Panama Ca- 
nal extends from Limon Bay near Colon, to 
Panama Bay at a point near the city of 
Panama. The length of the Canal, from 40 
feet depth of water in the Caribbean Sea to 
an equal depth in the Bay of Panama, is 50 
miles, 4^ miles at each end consisting of a 
submerged channel through the shore bays. 
The distance from the shore line to shore line 
is thus 41 miles. Through three-fifths of its 
length, the canal is in the valley of the Chagres 
River, a typical tropical stream subject to 
great variations due to sudden floods. 

In detail, the route is as follows: through 
Limon Bay there is a submerged channel 4| 
miles to the shore line, from which the canal 
extends through a swampy region 3| miles to 
a point where the Chagres River has made an 
opening in the Gatun hills, a low range ex- 
tending nearly parallel to the coast. This break 
made by the Chagres River in the Gatun hills 
is closed by a dam 7,700 feet in length, which 
converts a large part of the Chagres River 
valley into a lake, the surface area of which is 
164 square miles. The level of this lake will 
vary from 82 to 87 feet above the sea; the 
normal stage will be 85 feet above the sea 
level. To overcome this difference in level, 
three locks are constructed at Gatun each 
with a lift of 29 feet. The locks are built in 
twins, there being two upon each level. Their 
clear length is 1,000 feet, width 110 feet and 
depth 40 feet. From the Gatum locks and dam, 
the canal route is in Gatun Lake for 22 miles 
to Gamboa where, at a sharp bend in the 
Chagres valley, the canal leaves the river basin 
and cuts through the Empire and Culebra hills, 
which here form the divide between the two 
oceans. The length of the deep cut will be 



600 



PANAMA CANAL 



between 7 and 8 miles, the deepest portion 
being through the Culebra hill. At Pedro 
Miguel, 65 miles from the shore line of the 
bay of Panama, the canal is lowered by one 
lock with a lift of 30 feet to a small artificial 
lake, I2 miles in length, formed by the con- 
struction of a dam and two locks at Miraflores, 
five miles from the Panama shore line. The 
locks at Pedro Miguel and Miraflores, like 
those at Gatun, are also constructed in pairs. 
From Miraflores, the canal extends to the shore 
line at Balboa and thence by a submerged 
channel, 4£ miles in length, into the bay of 
Panama. 

The dimensions of the Panama Canal far 
exceed those of any other canal in the world 
with the exception that the locks of the Kiel 
Canal, when rebuilt, will be larger. In the 
earth sections and submarine portions, the 
depth is 41 feet, through the deep cut it 
is 45 feet. The standard width of the dredged 
sections is 500 feet; in the lake, the channel 
will vary from 1,000 to 500 feet in width. The 
width of the deep cut at the bottom will be 
300 feet. 

Completion of the Canal in 1914. — Although 
work began in a preliminary way in 1904, ex- 



for fleets to be transported from one ocean to 
another in a relatively short time. It is said, 
with rough accuracy, that the canal doubles 
the ability of the Navy to protect the two sea- 
boards of the United States. 

Commercial Value of the Canal. — The Pana- 
ma Canal will reduce the distance from New 
York to San Francisco 8,000 miles, and from 
New Orleans to San Francisco 9,000 miles; 
the west coast of South America will be 
brought 5,000 miles nearer New York, and 
6,000 miles nearer New Orleans. The distance 
from New York to Japan and Australia will 
be shortened nearly 4,000 miles. A special 
"Report on Panama Canal Traffic and Tolls" 
presented to the President in 1912 predicts 
the value of the Canal as a commercial high- 
way and as a source of revenue to the United 
States as follows : 

The shipping using the Panama Canal may be 
subdivided into three classes— that engaged in the 
coastwise commerce between the two seaboards of 
the United States, American shipping employed in 
carrying the foreign commerce of the United 
States, and foreign shipping carrying commerce of 
the United States and foreign countries. The fol- 
lowing table states the probable volume of each 
of these three classes of shipping during the first 
two years of the operation of the canal, during 
1920 and during 1925: 





Average Per 

Annum During 

1915 and 1916 


1920 


1925 




1,000,000 

720,000 

8,780,000 


1,414,000 

910,000 

11,020,000 


2,000,000 


American shipping carrying foreign commerce of 
the United States 


1,150,000 
13,850,000 


Foreign shipping carrying commerce of the United 






Total 


10,500.000 


13,344.000 


17,000,000 



cavation work on a large scale did not begin 
until 1907. The work of excavation and of 
constructing the dam and the locks was com- 



The gross revenue that may be secured from the 
Panama Canal, with tolls at $1.20 per net ton upon 
all merchant vessels, is stated in the following 
table : 





Average Per 

Annum During 

1915 and 1916 


1920 


1925 




$1,200,000 

864,000 

10,536,000 


$1,696,800 

1,092,000 

13,224,000 


$2,400,000 

1,380,000 

16,620,000 


American shipping carrying foreign commerce of 
the United States 

Foreign shipping carrying commerce of the United 




Total 


$12,600,000 


$16.012,S00 


$20,400,000 



pleted before the end of 1913. This was 
nearly two years in advance of the time 
originally set for finishing the work. The 
first complete passage of the canal was made 
by a crane boat in January, 1914; use of the 
canal by merchant shipping began a few months 
later. 

The Canal and the Navy. — The most obvious 
result accomplished by the construction of 
the canal is an increase in the efficiency of 
the American navy. The distance via the 
Straits of Magellan between our two seaboards 
is from 13,000 to 15,000 nautical miles. A 
fleet upon the Atlantic cannot strike a blow in 
defense of the Pacific coast. The Panama 
Canal reduces the distance between the sea- 
boards to 5,000 miles and makes it possible 



601 



it has been estimated by the Isthmian Canal 
Commission that the annual expenses . . . for 
the operation and maintenance of the canal and 
the sanitation and government of the zone will 
amount to $4,000,000. The canal will cost $375,000,000. 
. . . The interest on this sum at 3 per cent per 
annum will amount to $11,250,000. The canal con- 
cession treaty between Panama and the United 
States requires the United States, beginning in 
1913, to pay $250,000 annually to Panama. Thus the 
total annual expenses . . . will be $15,500,000. 

See Canal Diplomacy; Canal &one; 
French Panama Canal; Nicaragua Canal 
Policy; Panama Railroad. 

References: Isthmian Canal Commission, Re- 
port (1899-1901); Isthmian Canal Commis- 
sion, Annual Reports (1906-1913); W. F. 
Johnson, Four Centuries of the Panama Canal 
(1906) ; H. L. Abbot, Problems of the Panama 
Canal (1907); C H. Forbes-Lindsay, Panama 



PANAMA CONGRESS— PANAMA, REPUBLIC OF 



and the Canal Today (1910) ; F. H. Latane, 
Amer. as a World Power (1907), ch. xii; E. 
R. Johnson, "Report upon Panama Canal Traffic 
and Tolls" (1912), Elements of Transportation 
(1909), chs. vii, xx, also in Amer. Acad, of Pol. 
Soc. Science, Annual, XIX (1902), 1-23, in Po- 
litical Science Quarterly, XVIII (1903), 197- 
215, in Quarterly Journal of Economics, XVI 
(1902), 514-536, XVII (1903), 529-575, in Sen. 
Doc, 62 Cong., 2 Sess., No. 575, in ibid, 62 
Cong., 2 Sess., No. 875; American Geographical 
Society Bulletin, No. 35 ( 1903 ) , 163-176, 481- 
491, Canal Record (weekly) ; Am. Year Book, 
1910, 311, ibid, 1911, 290, 440, 460, ibid, 1912, 
268-273, ibid, 1913, 288-290. 

Emory R. Johnson. 

PANAMA CONGRESS. "The General As- 
sembly of the American Republics" — some 
times (erroneously) called the First Pan Ameri- 
can Conference was held at Panama, June 20 
to July 15, 1826. The invitation came from 
Simon Bolivar under date of December 7, 1824. 
Colombia, the Central American Republic, 
Peru and Mexico sent delegates. Two Cuban 
exiles were secretaries. President Adams ap- 
pointed two delegates but, through half-hearted 
action by the Senate, they arrived too late. 
A "Treaty of Union, League and perpetual 
Confederation" was signed. Had the United 
States participated, far-reaching influences 
might have resulted. See Latin America; 
Panama; Pan American Congresses. Refer- 
ences: Alcee Fortier and J. B. Ficklin, Hist, of 
North Am. (1907), ix; F. J. Turner, Rise of 
the New West (1906) ; J. S. Shaler, Hist, of 
the U. S. (1894); H. H. Bancroft, Hist, of 
Central Am. (1886). J. B. 

PANAMA RAILROAD. The Colombian 
treaty of 1846 (see) looked forward to the 
immediate construction of a canal on the Pana- 
ma route, but the only immediate result was 
the charter of the Panama Railroad, granted 
in 1850 by New York, in which William H. 
Aspinwall was the leading figure; hence, the 
northern terminus, now Colon, was called As- 
pinwall. The railroad is only 47 miles in length 
crossing a divide of about 330 feet, but con- 
struction through the jungle was so difficult 
that it lasted from 1850 to 1855, when the 
road was opened for business at a cost of 
about $7,000,000. It connected with steamer 
lines at both ends, that on the west being run 
by the Pacific Mail Steamship Company. Un- 
til the completion of the first overland rail- 
road in 1869, this was the most convenient 
route from the Atlantic to the Pacific coast of 
the United States, but it fell under the 
domination of the transcontinental railroads, 
which for many years paid the Pacific Mail 
$500,000 per year to refrain from competition 
in freights. 

The French company bought the railroad, a 
considerable part of which was on the align- 



ment of the canal; and it passed to the United 
States in the purchase of 1904 (see French 
Panama Canal). It thus became the first 
railroad owned and operated by the Federal 
Government, which also operates a line of 
steamers on the eastern side, and connects 
with the Pacific Mail Steamship lines on the 
western side. 

See Canal Diplomacy; Clayton-Bulwer 
Treaty; Colombia, Diplomatic Relations 
with; French Panama Canal; Panama, Re- 
public of. 

References: W. E. Curtis, Trade and Trans- 
portation between the U. S. and Spanish Amer- 
ica ( 1889 ) ; J. C. Rodriguez, Panama Canal 
(1885). Albert Bushnell Hart. 

PANAMA, REPUBLIC OF. The Republic of 
Colombia was formed in 1819. In 1829 and 
1830, Venezuela and Ecuador withdrew, leav- 
ing New Grenada which about 1863 gave it- 
self the name of the United States of Colombia. 
One of the states in the nominal federal re- 
public was Panama, which included the isth- 
mus of that name. At various times between 
1851 and 1902 the United States, acting under 
the Colombian treaty of 1846 (see), landed 
military forces to protect the isthmus from 
lawlessness. In 1903, after the rejection by 
Colombia of the proposed canal treaty (see 
Canal Diplomacy) there was a rising in Pana- 
ma and an attempt to proclaim an independ- 
ent state. The Colombian Government sent 
troops but they were fended off by United 
States forces which, under orders from Wash- 
ington, were to prevent any interference with 
the operation of the Panama railroad. Within 
a few hours the independent republic of Pana- 
ma was proclaimed Nov. 3, 1903. Nov. 6, 1903, 
it was recognized by the United States, fol- 
lowed by European nations. Feb. 23, 1904, a 
canal treaty was ratified with Panama under 
which the canal was in due time constructed. 

A question with regard to the Panama re- 
public is whether it was founded as a result 
of an agreement with President Roosevelt at 
Washington. In a message of Jan. 4, 1904, he 
specifically denied that he had made any ar- 
rangements beforehand; but it is clear that 
the revolution was expected and that the Unit- 
ed States Government was glad to take ad- 
vantage of it, with regard to the canal. 

The Canal Zone (see) of the United States 
bisects the republic. 

See Canal Diplomacy; Canal Zone; Hay- 
Patjncefote Treaties. 

References: T. Roosevelt, Message of Jan. 4, 
1904; W. F. Jennings, Four Centuries of the 
Panama Canal (1906); P. S. Reinsch, World 
Politics ( 1900 ) ; C. H. Forbes-Lindsay, Pana- 
ma, the Isthmus and the Canal (1906) ; J. R. 
Smith, Organization of Ocean Commerce 
(1905) ; bibliography in A. B. Hart, Manual 
(1908), §§ 86, 196. 

Albert Bushnell Hart. 



602 



PAN AMERICAN CONGRESSES 



PAN AMERICAN CONGRESSES 



Pan American Congresses were the dream 
of many statesmen at the beginning of the 
general movement for American independence 
from European domination. Bolivar had pro- 
jects for one even before the decisive battle 
of Ayacucho, Dec. 9, 1824, and he managed to 
assemble a congress (see Panama Congress) 
in 1826. Secretary Blaine projected a con- 
ference in a circular letter dated November 29, 
1881. 

First Pan American Conference. — In 1887, 
Senator Frye, of Maine, and Congressman Mc- 
Creary, of Kentucky, introduced bills for a 
meeting of representatives from the United 
States and the republics of Mexico, Central 
and South America, and the Empire of Brazil. 
The necessary statute passed Congress May 10, 
1888. Invitations were then sent out by Presi- 
dent Benjamin Harrison and Secretary of 
State Blaine. The first formal meeting was 
held in Washington, D. C, October 2, 1889, 
there being in attendance representatives or 
delegates from every American government; 
Brazil was represented by persons designated 
by the Emperor, although a revolution in that 
country, by which it became a republic, took 
place on November 15, 1889. Hence the title 
of the resulting organization became the In- 
ternational Union of American Republics. 

Besides allowing its members to get ac- 
quainted with each other by social entertain- 
ments and an extensive trip to the larger cities 
of the United States, the Conference accom- 
plished serious work. Its deliberations were 
set out in a series of resolutions to be ratified 
by the legislatures of each nation, which may 
be epitomized as follows: (1) a definite plan 
of arbitration was advised, and it was sug- 
gested that European nations copy the ex- 
ample; (2) it was to be declared that the 
right of conquest could not be recognized by 
American governments; (3) treaties of arbi- 
tration were to be negotiated; (4) the survey 
of a Pan American Railway was to be ap- 
proved, and a lengthy report on railways was 
to be prepared; (5) improvements in posts 
and telegraphs were to be introduced; (6) 
uniform sanitary regulations were to be estab- 
lished; (7) uniform customs and port regula- 
tions, weights and measures, were to be pre- 
pared; (8) codes of international law were to 
be promulgated; (9) extradition treaties for 
criminals were to be harmonized; (10) by a 
resolution of March 29, 1890, it was unani- 
mously resolved to found an American Inter- 
national Bureau, first called Commercial 
Bureau of the American Republics (see Pan 
American Union ) . 

Second International Conference. — The sec- 
ond conference of American states was held 



87 



603 



in the City of Mexico from October 22, 1901, 
to January 31, 1902. Delegates from the Unit- 
ed States, the 18 Latin American republics 
(Cuba and Panama were not then organized) 
attended. Under the rules 19 committees were 
appointed, and the results of the conference 
are stated in the following protocol, treaties, 
conventions, resolutions and recommendations : 
( 1 ) protocol of adhesion by the American re- 
publics to the convention for the pacific settle- 
ment of international disputes, signed at the 
Hague July 29, 1899; (2) treaty of compul- 
sory arbitration; (3) treaty of arbitration of 
pecuniary claims; (4) resolution favoring the 
construction of the Pan American Railway; 
(5) resolution providing for an international 
customs congress; (6) resolution for the con- 
sideration by this congress of means to facili- 
tate American international commerce; (7) 
resolution on quarantine and international san- 
itation; (8) resolution for the reorganization 
of the International Bureau of the American 
Republics; (9) resolution providing for an in- 
ternational American congress to consider the 
crisis in the coffee industry ; ( 10 ) recommenda- 
tion for the establishment of an international 
American Archaeological Commission; (11) 
resolution endorsing the construction of an 
interoceanic canal by the Government of the 
United States; (12) recommendation for the 
establishment of an international bank; (13) 
resolution of greeting to the future Republic 
of Cuba; (14, 15) formal recommendations and 
congratulations; (16) treaty for the extradi- 
tion of criminals and for protection against 
anarchy; (17) convention for the practice of 
the learned professions; (18) convention for 
the formation of codes of public and private 
international law; (19) convention on literary 
and artistic copyrights; (20) convention for 
the exchange of documents and government 
publications; (21) treaty on patents and 
trade-marks; (22) convention on the rights of 
aliens; (23) resolution providing for future 
international American conferences; (24) 
numerous votes of thanks to all those individ- 
uals and governments instrumental in the suc- 
cess of this conference. 

Third International Conference. — A third 
meeting of the American states was held at 
Rio de Janeiro, Brazil, July 21 to August 26, 
1906. Delegates were in attendance from each 
of the 21 American republics with the excep- 
tion of Haiti and Venezuela (Cuba and Pan- 
ama having meanwhile become independent 
since the second meeting) . Meetings took place 
in the recently dedicated Monroe Palace, the 
same as the Brazilian Building erected for the 
Exposition at St. Louis. During this Con- 
ference, Secretary of State Elihu Root was 



PAN AMERICAN UNION 



made an honorary president, together with the 
Brazilian minister for Foreign Affairs, and af- 
ter the conference Mr. Root continued his 
voyage around South America, a trip that 
aroused great enthusiasm on the part of the 
republics there, and was the cause of endur- 
ing activity in the United States toward closer 
understanding of their accomplishments and 
ambitions. 

A very important subject for the considera- 
tion of the conference was the reorganization 
and enlargement of the International Bureau 
of the American Republics; the action of the 
second conference was not changed but rather 
reinforced. A resolution was adopted with 
regard to a permanent building for the use of 
the Bureau in Washington, to be erected by 
funds furnished on a pro rata basis by all the 
American republics, including accommodation 
for the Columbus Memorial Library already 
existing. Mr. Andrew Carnegie later made a 
gift to the International Union of the Ameri- 
can Republics of $750,000 for the construction 
of that building. 

The subjects discussed were much the same 
as those of the second conference in Mexico. 
As regards arbitration, it must be noted that, 
through the initiative of the United States 
and Mexico, all the republics participating in 
the conference had been for the first time 
invited to participate in the (coming) Hague 
Conference; arbitration to settle international 
disputes was strongly upheld. Conventions 
were adopted: establishing the status of natu- 
ralized citizens who again take up residence 
in the country of their origin; in regard to 
pecuniary claims; to patents and trade-marks; 
on international law. Resolutions were passed 
concerning: arbitration; the organization of 
the International Bureau and for its new build- 
ing; for the creation of special expert divisions 
in the departments of foreign affairs ; also for a 
section of commerce, customs and statistics; on 
public debts; on the liberal professions; and 
on the subjects of sanitary regulations, the 
Pan American Railway and study of natural 
resources. 

Fourth International Conference. — The 
fourth meeting of the American states was held 
in Buenos Ayres, Argentine Republic, July 12 
to August 30, 1910. The republics except 
Bolivia were represented. The number of com- 
mittees to consider the business of the meeting 
was increased from seven as in the former con- 
ference to 14, as more suitable for the in- 
creased activity of the body. These commit- 
tees are named as follows: (1) rules and 
regulations; (2) commemoration of the in- 
dependence of the American republics ; ( 3 ) 
reports on action of the governments on reso- 
lutions of the third conference; (4) on the 
report of the director of the International 
Bureau of the American republics; (5) Pan 
American Railway; (6) steamship communi- 
cation; (7) uniformity of consular documents, 



customs regulations, census and commercial 
statistics; (8) sanitary police; (9) patents 
and trade-marks; (10) for the study of a 
convention on intellectual and literary prop- 
erty, and of a plan to promote interchange of 
students among universities of American re- 
publics; (11) pecuniary claims; (12) future 
conferences; (13) publications; (14) general 
welfare. A diagram was prepared showing the 
action of each government on the conventions 
of the Rio de Janeiro Conference, showing how 
far they did or did not become law. A unique 
action was taken by voting a medal of appre- 
ciation to Mr. Carnegie for his gift of the 
new building of the Pan American Union in 
Washington, thus representing the gratitude 
of 160,000,000 people. 

It should be understood that none of the 
conferences has had of itself legislative powers, 
and that all action in regard to conventions 
and treaties requires ratification by the gov- 
ernments composing the Union. Its decisions 
are, however, binding upon the Pan American 
Union (the new title adopted for its executive 
office, the director becoming director general, 
and its secretary, assistant director) ; the pow- 
ers of the governing board were also increased. 
The duties of the Union were materially en- 
larged. 

Other Pan American conferences have been 
held, such as that for sanitation ; for the study 
of coffee (expired) ; and on medicine. Con- 
gresses with a somewhat similar name (as 
in Peru, 1848) were not perpetuated nor did 
they leave any permanent influence. 

See Blaine, J. G.; Dkago Doctrine; Mon- 
roe Doctrine; Panama Congress; Latin 
American countries by name. 

References: Government Printing Office, Pro- 
ceedings and Special Reports of the Various 
Conferences; A. H. Fried, Pan Amerika 
(1910); Paul S. Reinsch, in Am. Journal of 
Int. Law, October, 1910. John Barrett. 

PAN AMERICAN UNION. The Pan Ameri- 
can Union (originally International Bureau of 
the American Republics), the international or- 
ganization maintained in Washington by the 
twenty-one American republics, was created 
by the First Pan American Conference which 
met in Washington (1889-1890). Its Govern- 
ing Board is composed of the Secretary of 
State of the United States and of the diplo- 
matic representatives in Washington of the 
other republics; its administrative officers are 
a director general and an assistant director 
chosen by this Board. A specially selected 
staff carries on the work, which is the spread 
of information encouraging commerce, inter- 
course, friendship, and peace, between these re- 
publics. The Union publishes a monthly Bulle- 
tin, with editions in English and Spanish. 
See Latin America; Pan American Con- 
gresses. Reference: Pan American Union, 
Bulletin, 1911. J. B. 



604 



PANELS FOR JURIES— PAPER MONEY IN THE UNITED STATES 



PANELS FOR JURIES. The panel is the 
list of names drawn for jury service. The jury 
commission usually selects the names from 
which the drawings are made, and from these 
the sheriff or clerk draws the number ordered 
by the court to be drawn. Both sides in a 
case can reject names. If the names drawn 
should not furnish enough for the jury, a new 
drawing, or a special venire would be made. 
See Jury, Petit. Reference: S. E. Baldwin, 
Am. Judiciary (1905), 192. T. N. H. 

PANICS. See Crises, Economic. 

PAPER BLOCKADE. Blockades of ports 
were proclaimed freely during the Napoleonic 
wars ; and ports were considered by the blockad- 
ing states as blockaded simply because so pro- 
claimed regardless of the presence of an effec- 
tive force. Neutral vessels were captured 
when bound for these ports as by Na- 
poleon's Berlin Decree, of December 17, 
1807. Similar methods were resorted to 
by other nations in subsequent times, and 
the Declaration of Paris (see) of 18,56 
particularly aimed to put an end to this prac- 
tice by asserting that '"'Blockades, in order 
to be binding must be effective, that is to 
say, maintained by a force sufficient really to 
prevent access to the coast of the enemy." 
See Berlin Decree; Blockade; Continental 
System ; Milan Decree ; Neutral Trade Dur- 
ing Napoleonic Wars; Orders in Council. 

G. G. W. 

PAPER MONEY IN THE UNITED STATES. 

Although the United States has maintained a 
monetary standard of gold and silver, paper 
money since 1789 has been the principal medi- 
um of exchange except on the Pacific coast. 
Such money has been issued in three forms: 
(1) government bills of credit or treasury 
notes; (2) certificates of gold coin, of silver 
coin, and of treasury notes, which have been 
deposited and held in pledge while the certifi- 
cates are outstanding; (3) banknotes. 

Preconstitutional. — During the colonial peri- 
od, most of colonies issued bills of credit, and 
there were a few examples of notes issued 
against pledged property, as land. These is- 
sues in nearly all the colonies were excessive 
and quickly depreciated. They were defended, 
however, on the ground that there was a lack 
of circulating medium, which seriously em- 
barrassed trade. By the middle of the eigh- 



teenth century Parliament ^interfered and 
placed a prohibition upon further issues. 

During the Revolution, the Continental Con- 
gress issued $241,553,000 of bills of credit, and 
the states added $209,525,000 more {see Cur- 
rency, Continental). The excessive volume 
and lack of national credit resulted in a com- 
plete collapse in the credit of the notes. 

Federal. — Influenced by this disastrous ex- 
perience, the framers of the Constitution in- 
serted a clause denying the states the right 
to emit bills of credit. The Constitution is 
silent, however, as to the right of the Federal 
Government. After 1789 the country relied 
for a brief period upon foreign coin, rein- 
forced by domestic coin when the mint began 
operations in 1793. Banks were quickly estab- 
lished, and by the beginning of the nineteenth 
century furnished a considerable part of the 
circulating medium. It is estimated that in 
1800, out of a total circulation of $27,000,000, 
paper money in the form of bank notes con- 
tributed $11,000,000, or 40 per cent. At suc- 
cessive dates the proportion of paper money 
has increased as follows: 



Year 


Total 
Circulation 


Paper 
Money 


Per Cent 




(millions) 

$55 


(millions) 

$28 


to Total 


1810 


51 


1820 


67 


45 


67 


1830 


87 


61 


70 


1840 


186 


107 


57 


1850 


278 


131 


46 


1860 


435 


207 


48 


1870 


676 


651 


96 


1880 


973 


678 


70 


1890 


1,429 


945 


66 


1900 


2,055 


1,302 


63 


1910 i 


3,102 


2,302 


74 



In 1862 treasury notes were permanently 
added to the circulation; in 1878, silver cer- 
tificates; and in 1865 and 1882, gold certifi- 
cates were authorized. Of the different kinds 
of paper money, treasury notes only have the 
legal tender quality. Gold and silver certifi- 
cates, however, are receivable for public dues; 
and national banknotes are receivable for all 
public dues except customs, and for payments 
by the government except interest on the pub- 
lic debt or redemption of banknotes; and they 
are receivable at par for debts between banks. 

Per Capita Circulation, 1800-1910. — On 
selected dates the per capita circulation (out- 
side the Treasury) of paper money, and the 
total per capita circulation, including coin, 
were as follows: 



Year 


Paper Money 


Total, 
Including Coin 


1800 


$2.93 (banknotes) 


$6.22 


1820 


4.95 (banknotes) 


17.18 


1840 


6.25 (banknotes) 


11.11 


1860 


6.60 (banknotes) 


13.85 


1865 


19.82 (banknotes, treasury notes) 


20.57 


1880 


13.52 (banknotes, treasury notes, and certificates) 


19.41 


1900 


17.06 (banknotes, treasury notes, and certificates) 


26.94 


1910 


24.96 (banknotes, treasury notes, and certificates) 


34.33 



605 



PAPER MONEY IN THE UNITED STATES 



Kinds of Paper Money, 1861-1878.— The 
changes which took place in the character of 



paper money during the Civil War period arc 
seen in the following table (in millions) : 





State Bank 


National Bank 


United States 


Fractional 




Notes 


Notes 


Notes 


Currency 


1861 


$202 








1862 


184 




$150 




1863 


239 




391 


$20 


1864 


179 


$31 


447 


23 


18H 


143 


146 


431 


25 


1866 


20 


281 


401 


27 


1867 


4 


299 


372 


28 


1878 





325 


347 


17 



Use of Certificates. — There are three kinds 
of certificates — gold, currency and silver cer- 
tificates. Only since 1900 have gold certificates 
played any considerable part in the active cir- 
culation. Currency certificates were issued be- 
tween 1872 and 1900, but only in large de- 
nominations of $5,000 and $10,000, in order to 
serve banks in settling balances and in carry- 



ing their reserves. More than three-fourths 
of the silver dollars now circulate in the form 
of certificates. With the increase in the coin- 
age of silver authorized by the Bland Act 
(1878) silver certificates soon constituted an 
important element of the medium, as is seen 
in the following table concerning the years 1880 
to 1910 (in millions) : 



Year 


Gold 


Silver 


Currency 


United States 


National 


Certificates 


Certificates 


Certificates 


Notes 


Banknotes 


1880 


$8 


$13 


$14 


$347 


$344 


1885 


140 


140 


30 


347 


318 


1890 


158 


301 


12 


347 


180 


1895 


48 


329 


55 


496 


212 


1900 


228 


416 


4 


423 


310 


1905 


518 


465 




356 


406 


1910 


■ 863 


489 


— 


350 


713 



Kinds of Paper Money, 1910. — The following I outstanding June 30, 1910, by denominations 
table shows the several kinds of paper money (in thousands) : 



Denomi- 


u. s. 


Treasury 


Gold 


Silver 


Bank 


Total 


Per- 


nation 


Notes 


Notes, 1890 


Certificates 


Certificates 


Notes * 
$344 


centage 


1 


$1,843 


$395 




$140,819 


$143,401 


5.9 


2 


1,388 


262 




59,762 


164 


61,577 


2.5 


5 


114,790 


842 




243,561 


135,437 


499,058 


20.6 


10 


149,794 


1,212 


$152,663 


26,898 


320,975 


641,837 


26.5 


20 


20.082 


605 


233.873 


7,721 


218,495 


474,255 1 






50 


2,308 


18 


46,139 


9,699 


16,447 


74,197 






100 


6,826 


209 


72,396 


603 


37,279 


116,418 






500 


6,417 


_ 


15,387 


26 


88 


21,921 


y 


54. 


1,000 


44,223 


128 


67,389 


27 


23 


111,790 






5.000 






84,380 






84,380 






10,000 


10 





190,710 






190.720 J 







* On October 3. 

Average Life of Notes. — This varies accord- 
ing to the denominations. The following are 
estimates made by the Treasury Department: 



Denomination 


Life in Years 


$1.00 silver certificate 


1.15 
1.33 


$5.00 national bank note 

$10.00 national bank note 


3.17 

3.02 



The average cost of each piece of United 
States paper currency is 1.571 cents; and the 
annual cost of maintenance of the currency is 
about one-fifth of one per cent on the total 
amount outstanding, or $3,731,000 on $1,702,- 
000,000. 

The American nation has paid heavily for its 
many experiments in the use of paper money. 



The loss from unsound banknote circulation 
issued under the old state bank system can- 
not be estimated in dollars. The direct loss 
to the government from poor or worthless 
banknotes received during the four years, 
1814-1817, amounted to over $5,000,000; and 
the suspension of specie payments in 1814 with 
all its resulting disorders was directly attrib- 
utable to the inflation of bank circulation. 
As a consequence of the depreciated currency, 
the government practically received for loans 
of over $80,000,000 but $34,000,000 as 
measured in specie. For a full half-century 
bank notes were received with caution in the 
ordinary exchange of business and it became 
the common custom for merchants to rely upon 
books of banknote ratings and counterfeit 
detectors. 



606 



PAPERS, PROTECTION OF— PARCEL POST 



To remedy this evil was avowedly one of the 
reasons which induced Secretary Chase to ad- 
vocate the establishment of a national bank- 
ing system, and to favor a tax whereby state 
banknote circulation might be driven out of 
use. The issue of paper money during the Civil 
War seriously affected prices, and in turn, 
wages. Currency as measured in gold fluctu- 
ated from day to day, causing indefinite dis- 
turbances. In 1862 the average gold value of 
one dollar in currency ranged between 98 and 
76 cents; in 1863, between 79 and 62 cents; 
in 1864, between 64 and 39 cents; and in 1865, 
between 74 and 46 cents. The total effect of 
paper issues in increasing the cost of the 
war has been estimated at between $528,000,000 
and $600,000,000, but even this is small when 
compared with the burdens placed upon the 
people in the ordinary relations of trade and 
industry. Since the Civil War the support 
of the credit of the treasury notes has at times 
placed a heavy strain upon the government. It 
has required the maintenance of a dead stock 
of gold as a separate reserve; and for its pre- 
servation it was necessary, during the years 
1894-1896, to engage in bond operations on 
disadvantageous terms. 

Excessive reliance upon paper money has 
confused public opinion in regard to the fun- 
damental laws of money, and projected into 
political campaigns, as seen, for example, in 
the greenback movement from 1868 to 1876, 
issues which checked the proper solution of 
questions of fundamental importance. More 
than this, it has at times imperiled the keep- 
ing of public faith, by the insistence that obli- 
gations in times of peace should be paid in 
promissory notes instead of by loans. While 
the paper money represented by banknotes may 
be regarded as secure, it is not an ideal form of 
money. Its volume does not respond to needs 
of commerce and trade, but is artifically re- 
lated to the volume and price of government 
bonds. The use of paper money in the form 
of certificates offers no special problem. 

See Currency; Currency, Fractional; 
Gold Certificates; Gold Reserve; Green- 
back Labor Party; Greenbacks; Legal 
Tender Controversy; Resumption of Specie 
Payments; Treasury Notes; Silver Certifi- 
cates. 

References: C. F. Bullock, Essays on the 
Monetary History of the U. 8. (1900), 29-124, 
275 (bibliography) ; W. C. Mitchell, Hist, of 
the Greenbacks (1903) ; E. G. Spaulding, Hist, 
of Legal Tender Paper Money (1869) ; J. J. 
Knox, U. 8. Notes (3d ed., 1894); Monetary 
Commission of the Indianapolis Convention, 
Report (1898), Pt. Ill on "Demand Obliga- 
tions;" A. B. Hepburn, Hist, of Coinage and 
Currency in the U. 8. ( 1903 ) ; H. W 7 hite, Mon- 
ey and Banking (4th ed., 1911), 79-166; D. R. 
Dewey, Financial Hist, of the U. 8. (1903) ; 
W. G. Sumner, American Currency (1874). 
Davis R. Dewey. 



PAPERS, PROTECTION OF. See War- 
rants. 

PARAGUAY. Paraguay was at first a prov- 
ince, then part of the vice-royalty of Peru, and 
later (1776) of the vice-royalty of Buenos Ayres. 
Independence from Spain was declared in 1811. 
The republic lies between latitude 22° 4' and 
27° 30' south, and longitude 54° 32' and 61° 
20' west (Greenwich), comprising an area of 
171,815 square miles with a population of 
800,000, over 4.6 per square mile. The present 
constitution (1870) provides for a central gov- 
ernment. The legislative branch is a senate 
and a chamber of deputies. Senators are elect- 
ed for six years, one for every 12,000 inhabi- 
tants, renewed by thirds every two years. Dep- 
uties are elected for four years, one for every 
6,000 inhabitants, renewed by halves every two 
years, all by direct popular vote. The execu- 
tive branch is a president and a vice-president 
chosen by electors for a four-year term; the 
Cabinet has five ministers: of the interior; of 
finance; justice, worship and public instruc- 
tion; war and marine; foreign affairs. The 
judicial branch is a superior court of three 
judges appointed by the president for four 
years. The republic is divided politically into 
eighty-four departments each under a jefe 
politico appointed by the president for four 
years, but for electoral purposes there are 24 
districts. The capital is Asuncion. State re- 
ligion is Roman Catholic. References: J. I. 
Rodriguez, Am. Constitutions (1905), II, 379- 
410; Pan American Union, Bulletin (monthly) . 

A. H. 

PARCEL POST. Foreign and International. 
Nearly every country in the world has an in- 
ternational and a domestic parcel post serv- 
ice. The United States has international 
parcel post agreements with all the Euro- 
pean countries except Holland, Spain, Greece, 
Turkey and Russia. Among the countries most 
recently brought within the international par- 
cel post service are Brazil and the South 
African Colonies. China and Japan were in- 
cluded some years since. 

The foreign parcel post service is uniform 
for most countries as regards limit of weight 
(11 lbs.), limit of value, and postage rates 
( 12 cents per lb. ) , and the maximum dimen- 
sions of packages may be 3 feet 6 inches in 
length, and 6 feet greatest combined length and 
girth. In the case of European countries, Jap- 
an, Australia and Hong Kong, the limit of 
value is $80. Packages sent to other countries 
are not limited as to value. 

The use of the international parcel post has 
increased rapidly. During the year ended June 
30, 1905, the weight of mail matter sent abroad 
from the United States by parcel post was 
560,228 pounds; in 1910,' the weight was 
1,490,718 pounds. The weight of packages re- 
ceived from foreign countries in 1905 was 



607 



PARDON, CONSTITUTIONAL PRINCIPLES OF— PARDONS, BOARDS OF 



232,773 pounds; in 1910, 1,446,357 pounds. The 
growth was unusually rapid in 1908 and 1909. 

In an act approved Aug. 24, 1912, Congress 
authorized the establishment of a domestic par- 
cel post system. Beginning on Jan. 1, 1913, 
the post office accepted parcels of fourth-class 
mail matter, not exceeding 11 lb. in weight 
and not greater in size than 72 in. in length 
and girth combined. Fourth-class mail matter 
was denned to include all other matter, includ- 
ing farm and factory products, not now em- 
braced in first, second or third class. The Unit- 
ed States was divided into eight zones, and the 
parcel post rates from any given point were 
graded from 5 cents for the first pound or frac- 
tion and 3 cents for each additional pound or 
fraction, to 12 cents for the first pound or frac- 
tion, and 12 cents for each additional pound or 
fraction, according to the zone to which the 
parcels were shipped. The zones were arranged 
according to their distance from the units of 
area into which the country was divided, the 
units of area being 30 minutes square. The 
first zone included all territory in such a unit 
of area in conjunction with every contiguous 
unit of area, representing an area having a 
mean radial distance of approximately 50 miles 
from the center of any given unit of area. The 
second zone included all units of area outside 
the first zone lying wholly or in part within a 
radius of approximately 150 miles from the 
center of a given unit of area. The third zone 
extended this distance to 300 miles, the fourth 
to 600, the fifth to 1,000, the sixth to 1,400, 
the seventh to 1,800, and the eighth included 
all units of area outside the seventh zone. 

The rates on parcels mailed at post offices 
on rural routes for delivery on such routes, or 
at post offices with a city carrier system for 
delivery in such city, were five cents for the 
first pound or fraction, and one cent for each 
additional pound or fraction of a pound. 

The system proved so successful in the first 
year of operation that important extensions 
were inaugurated in August, 1913, and Janu- 
ary, 1914. 

See Express Sekvice, Regulation of; Post 
Office Department; Postal System of the 
United States. 

References: U. S. Postmaster General, Annu- 
al Reports (particularly report of the Fourth 
Assistant Postmaster General) ; E. R. Johnson, 
Ocean and Inland Water Transportation 
(1906), chs. vii, viii; E. M. Phelps, Selected 
Articles on Parcel Post (1911); "Hearings 
before Subcommittee No. 4, Postoffice and Post 
Roads" in House Doc, 61 Cong., 2 Sess. 

Emory R. Johnson. 

PARDON, CONSTITUTIONAL PRINCI- 
PLES OF. A pardon is an act of grace reliev- 
ing an offender against the law from punish- 
ment or from further punishment for his crime 
and from the consequences of his guilt. It 
may be granted before conviction and thus 



trial for the offense prevented; or it may be 
granted after conviction to relieve the convict- 
ed person from punishment or from further 
punishment; or it may be granted after the 
punishment imposed has been fully suffered 
with the object of removing any further con- 
sequences of guilt by restoring to the convicted 
person his civil or political rights of which 
the conviction may have deprived him. But 
it can not be made effectual to restore offices 
forfeited or property or interests vested in 
others in consequence of the conviction. A 
reprieve is a suspension for a definite or in- 
definite time of the execution of punishment. 

By the usual provisions of state constitu- 
tions and the express provision of the Federal 
Constitution (Art. II, Sec. ii, If 1) the power 
to grant reprieves and pardons is vested in the 
executive; but in some state constitutions con- 
currence of one or both branches of the legis- 
lature or of some duly constituted pardoning 
board is required in some cases. Under the 
Federal Constitution the power of the Presi- 
dent is unlimited and exclusive, the only ex- 
ception being in cases of impeachment. But 
Congress may, by legislation, relieve classes of 
offenders from punishment (see Amnesty). 

A pardon may be absolute, limited or condi- 
tional. An absolute pardon restores the offend- 
er to the condition in which he would have 
been had the crime not been committed. A 
limited pardon relieves the offender of some 
but not all the consequences of guilt. A con- 
ditional pardon, if accepted, relieves the offend- 
er from punishment or further punishment on 
his compliance with some condition precedent, 
such as that he shall leave the state, or with 
some condition subsequent, such as that he 
shall report from time to time to the execu- 
tive, abstain from the use of intoxicating liq- 
uors, continue to conduct himself in a law- 
abiding manner, or comply with other require- 
ments which may be imposed. As pardon i3 
a matter of grace, the acceptance of conditions 
imposed is binding on the offender and a vio- 
lation of such conditions abrogates in toto the 
effect of the pardon. Commutation of sentence 
is in the nature of a conditional pardon. 

References: The whole subject of amnesty 
and pardon is quite fully discussed in the fol- 
lowing cases: Ex parte Wells (1855), 18 How- 
ard 307; Cummings vs. Missouri (1866), 4 
Wallace 277; Ex parte Garland (1866), 4 
Wallace 333; J. R. Tucker, Constitution of 
U. 8. (1899), 719; J. H. Finley and J. F. San- 
derson, Am. Executive and Executive Methods 
(1908), 83-91. E. McC. 

PARDONS, BOARDS OF. Boards of pardons 
are provided for in some states by constitution- 
al provision, and in others power is given to 
the legislature to provide for such boards by 
law. These boards are made up in various 
ways, sometimes of regular executive officers 
in the state, and sometimes of persons selected 



608 



PARISH— PARKER, ALTON BROOKS 



for the board. The action of such boards is not 
final, although the governor usually accepts 
its recommendation. There are certain limita- 
tions on the power to pardon, as for instance 
that no action be taken by boards of pardon 
in a case before conviction. See Governor; 
Pardon, Constitutional Principles of. Ref- 
erences: see State constitutions; J. H. Fin ley 
and J. F. Sanderson, Am. Executive (1908), 
84. T. N. H. 

PARISH. The parish in England was an 
ecclesiastical district, with some added powers 
of local government. In the colonial period it 
was a civil district never officially used in 
New England, but in the South a church com- 
munity and a body politic. The parish was 
the ultimate political unit in local govern- 
ment in Virginia and other southern colonies; 
and in some states it maintained its civil char- 
acter until the reconstruction period. At pres- 
ent, however, the term is used officially in only 
one state, Louisiana, where the fifty-nine coun- 
ties are called parishes; they are, therefore, 
quite different from the parish as it was known 
in the colonies and states along the Atlantic. 

While the parish of the South never clearly 
corresponded in functions to the New England 
township, both divisions finally became sub- 
divisions of the county. Thus vestrymen in 
New England went over to the town meeting, 
which was a continuation of other meetings 
of rate payers known in some English parishes. 
In the South the other English type of parish 
government was adopted, the select vestry, a 
self-perpetuating body or close corporation. 
These vestrymen, as they were called, for a 
century and a half in Virginia managed the 
civil affairs of the parish, including the power 
to lay taxes for local purposes. Other parish 
officers included in the governing and adminis- 
trative group were the rector, the church war- 
dens, the overseers of the poor, the sexton, 
the clerk, the register and the commissioners 
of roads. 

.See County and City Government; Parish 
Council in England ; Parish Vestry in Eng- 
land; Villages, Incorporated; Towns and 
Townships. 

References: E. Ingle, Parish Institutions of 
Maryland ( 1883 ) ; B. J. Ramage, "Local Gov- 
ernment and Free Schools in South Carolina" 
(1883) ; E. Channing, "Town and County Gov- 
ernment" " (1884), all in Johns Hopkins Uni- 
versity, Studies, I, Nos. vi, xii, II. No. x; W. 
A. Schaper, "Sectionalism and Representation 
in South Carolina" in Am. Hist. Assoc., Annual 
Report, I (1900), 326-330. 

Benjamin F. Shambaugh. 

PARISH COUNCIL IN ENGLAND. The par- 
ish council is the local civil authority of the 
English rural parish. Its organization and 
powers are regulated by the Local Govern- 
ment Act of 1894 (58-57 Victoria, c. 73). 



609 



There are about 13,000 rural parishes and each 
has its parish meeting, an assembly of the 
parochial voters. The parish meeting must 
be convened at least once a year. If the parish 
has a population of three hundred or more, the 
parish meeting elects a parish council of from 
five to fifteen members who serve for a three- 
year term. About seven thousand of the rural 
parishes have councils. The parish council ap- 
points the overseers of the poor and fixes the 
parish taxes or rates for the support of the 
poor; it has charge of village greens and other 
parish lands; it repairs the local highways; 
maintains the parish library, and in general 
has inherited the non-ecclesiastical functions 
which formerly appertained to the old parish 
vestry. Some other like powers it exercises 
subject to the direction and control of the 
parish meeting. See Local Government in 
England; Parish; Parish Vestry in Eng- 
land. References: W. B. Odgers, Local Gov- 
ernment (1901), 57-65; J. Redlich and F. W. 
Hirst, Local Government in England ( 1903 ) , 
II, chs. iii, iv; Encyclopaedia of Local Govern- 
ment Law (1905-1908). W. B. M. 

PARISH VESTRY IN ENGLAND. The par- 
ish vestry is the administrative organ of the 
ecclesiastical, as distinguished from the civil, 
parish in England. In its widest sense it is 
an assembly of the minister, churchwardens 
and parishioners. The vestry meets at least 
once a year and its chief work now is that of 
providing the funds necessary for the support 
of the parish church and making various pro- 
visions concerning other parish property. Its 
old powers of a non-ecclesiastical nature have 
passed to another local authority {see Parish 
Council). The vestry elects annually the 
churchwardens, two in number, who are tlio 
custodians of the vestry's funds and who keep 
the accounts. It also chooses the parish clerk 
and sexton. All parish property, however, 
stands vested in the minister, whether he be 
rector or vicar, who is, at law, a corporation 
sole. See Local Government in England; 
Parish ; Parish Council in England. Refer- 
ence: W. B. Odgers, Local Government (1901), 
65-68. W. B. M. 

PARKER, ALTON BROOKS. Alton B. Park- 
er (1852- ) was born at Cortland, N. Y., 
May 14, 1852. He was admitted to the bar 
in 1873, and practiced at Kingston. From 1877 
to 1885 he was surrogate of Ulster county. He 
was a delegate to the Democratic national con- 
vention at St. Louis in 1884, and in 1885 was 
offered by Cleveland the position of first as- 
sistant postmaster general, but declined. He 
was chairman of the Democratic state conven- 
tion in 1885, and the same year was appointed 
justice of the state supreme court, being reg- 
ularly elected the following year. He held this 
office until 1889, when he was made a member 
of the court of appeals; in 1893 he passed to 



PARKHURST, CHARLES HENRY— PARKS AND BOULEVARDS 



the general term, and in 1896 to the appellate 
division. In 1898 he became chief justice of 
the court of appeals, holding his seat until 
1904, when he resigned to accept the Demo- 
cratic nomination for President. In view of the 
silence of the platform on the question of free 
coinage of silver, he notified the convention 
that he regarded the gold standard "as firmly 
and irrevocably established," and that he could 
accept the nomination only on that under- 
standing. The Democratic popular vote fell off 
heavily, and he received only 140 electoral 
votes against 336 for Theodore Roosevelt. Since 
1904 he has practiced law in New York City. 
See Silver Coinage Controversy. Reference: 
J. R. Grady, Lives and Public Services of 
Parker and Davis (1904). W. MacD. 

PARKHURST, CHARLES HENRY. Charles 
H. Parkhurst (1842- ) was born at Fram- 

ingham, Massachusetts, April 17, 1842. After 
several years of teaching, and of study in this 
country and in Europe, he entered the minis- 
try, and in 1874 became pastor of the First 
Congregational Church at Lenox, Massachu- 
setts. In 1880 he was called to the pastorate 



of the Madison Square Presbyterian Church, 
New York City, which pulpit he still fills 
(1913). He took an active interest in munic- 
ipal affairs, became a director of the Society 
for the Prevention of Crime in 1890, and in 
1891 its president. For a sermon preached in 
February, 1892, in which he charged the police 
and certain city officials and departments with 
protecting and aiding crime and vice, he was 
summoned before the grand jury, which pro- 
nounced the allegations false. He then under- 
took a systematic investigation of the criminal 
life of the city, and in March repeated his char- 
ges, which this time were investigated by the 
grand jury, and led, in 1894, to the Lexow 
investigation by a committee of the state legis- 
lature. He also organized a City Vigilance 
League for the promotion of good citizenship 
among young men. A brilliant speaker, he was 
betrayed in later years into extravagances of 
assertion which weakened his influence, and 
hindered the reforms which he had at heart. 
Sea Social Reform. References: C. H. Park- 
hurst, Our Fight with Tammany ( 1895 ) ; 
Appleton's Annual Cyclopcedia (1893-1896). 

W. MacD. 



PARKS AND BOULEVARDS 



Definition. — Loosely the word park is used 
in connection with public affairs to designate 
any open space devoted mainly to public en- 
joyment. In such terms as "park system," 
"park department" and "park appropriations" 
it is applied in practice to almost any property 
or public activity in any way associated with 
outdoor recreation or with the adornment of 
a municipality. 

More narrowly, as distinguished from boule- 
vards and from other elements of a park sys- 
tem, such as squares, gardens, commons, play- 
grounds, etc., the word park is applied to a 
fairly extensive tract of land, set apart pri- 
marily for the enjoyment of its landscape by 
the public, and normally possessing qualities 
more or less suggestive of the English deer 
parks from which the term was borrowed. 

A park system is a series of grounds more 
or less completely and systematically meeting 
all the requirements of the public for outdoor 
recreation and associated functions throughout 
a considerable district. 

Historical Development of Municipal Parks 
and Their Functions. — Parks as regular mu- 
nicipal undertakings date from the middle 
of the nineteenth century. Before this time 
townsfolk had used for their recreation the 
disappearing remnants of ancient commons and 
other vacant lands, and also sporadic orna- 
mental gardens, squares, etc. The latter had 
in part been created for individuals or institu- 
tions and become opened to the public on 



sufferance, in part had been laid out by specu- 
lative landowners to increase the value of ad- 
jacent lots, in part had originated as spasmodic 
public undertakings. The continued and grad- 
ually more systematic provision of such minor 
ornamental grounds and of common fields for 
the rougher activities, has been taken over by 
municipalities as an incident of the modern 
park movement; but that movement really 
arose out of a wholly new conception. 

It was felt that closely herded people in 
the oppressively large and interminably grow- 
ing towns of the new industrial epoch needed 
the refreshment of rural scenery, which was 
rapidly becoming inaccessible to them. The 
model was the private parks attached to 
gentlemen's seats which were scattered over 
the whole of England, and were characterized 
by a beautiful type of spacious pastoral scen- 
ery, with much open greensward enframed in 
spreading trees. Land for Battersea Park, the 
first public park of this type in London, was 
acquired in 1853. 

The spaciousness and quiet breadth sought 
in these parks, are obtainable in a city only 
where a large body of land is devoted strictly 
to the purpose; they seriously interrupt the 
street system of a city and are far less gener- 
ally accessible than more numerous and scat- 
tered smaller tracts. 

In America notable early examples of large 
parks were: Bushnell Park, Hartford (1853) ; 
Central Park, New York (1856); Fairmount 



610 



PARKS AND BOULEVARDS 



Park, Philadelphia (1S57) ; Druid Hill Park, 
Baltimore (1860) ; Prospect Park, Brooklyn 
( 1866-67 ) . Among those who in this period 
most influenced the development of large rural 
parks in America by their writings and by the 
design of parks were Andrew Jackson Downing, 
Horace Bushnell, Frederick Law Olmsted, Cal- 
vert Vaux, Robert Morris Copeland and H. W. 
S. Cleveland. 

Another step was to connect the parks with 
each other and with centers of population by 
a system of boulevards (see). Paris under the 
second empire set the example, followed sporad- 
ically in America in the sixties and seventies, 
notably in Chicago. Informal parkways, or 
narrow, elongated parks were developed as con- 
nections in the Boston system designed by F. 
L. Olmsted (1877-86). *The idea was joined 
with that of systematically acquiring large 
"reservations" of scenery in the more distant 
suburbs of a large metropolis, urged by Charles 
Eliot in his report on a metropolitan park 
system for Boston in 1892, a project largely 
executed in the following decade. Xotable re- 
cent systems of extensive boulevards are those 
of Kansas City and Oklahoma City. 

Functionalized Pleasure Grounds. — Along- 
side the provision of agreeable scenery, Ameri- 
can parks have generally been used, in part 
for field sports, and for other purposes. But 
to retain the refreshing beauty of a park it is 
necessary to curtail such privileges as the 
amount of use increases, and to concentrate the 
hardest wear and tear upon areas prepared 
especially to withstand it, the roads, walks and 
so forth. 

This curtailment coincides with a sharp in- 
creasing demand for outdoor activities, hence 
a systematic specialization of function in pub- 
lic recreation grounds. The land on which the 
concentrated athletic contests of a city take 
place must become a bare sanded plain — an 
arena, not a rational part of a park. It is 
nearly as valuable for its prime purpose if 
isolated from the park scenery as if in the 
jnidst of it. 

The arena represents a whole category of de- 
sirable things which it is extravagantly waste- 
ful to inject into the landscape of such a 
park. Park departments have provided for 
some of these, such as for rough play, athletics 
and bathing, both out of doors and under shel- 
ter; for horse racing; for dancing and other 
social entertainments; and for various educa- 
tional activities merging with those of schools, 
libraries, and museums (see Education as a 
Function of Government). 

Provision for such diverse functions, whether 
under the jurisdiction of a park department 
or of some other agency, is often conveniently 
made adjacent to land set apart primarily for 
the enjoyment of scenery, and sometimes it is 
expedient to transfer land from one kind of 
public use to another. But a fatal mistake is 
made when the equipment for such a special 



611 



use is introduced into a park landscape to 
which it is foreign. 

Modern Recreation Grounds. — An important 
step in recognition of this principle was the 
formation, adjacent to an area of congested 
population, of the ten acre neighborhood park 
known as Charlesbank, in Boston, 1887, provid- 
ed with outdoor gymnasia and running tracks 
for men and for women, with field houses con- 
taining washing facilities and lockers, with a 
playground for very small children, and with a 
riverside promenade and a good deal of pleas- 
ant scenery. The most notable development in 
this line is the series of local recreation 
grounds created by the South Park Commission 
of Chicago beginning with McKinley Park in 
1903. Many of these include both indoor and 
outdoor gymnasia, swimming pools and other 
baths, branch libraries, rooms for dances, lec- 
tures, and meetings, lunch rooms, open arenas 
for rough play and separate playgrounds for 
little children, as well as a modicum of attrac- 
tive resting grounds, open air concert places 
and other provisions for the passive recreations 
of the less strenuous. 

Ideals of a Park System. — An ideal modern 
park system will include a series of local rec- 
reation grounds, associated as closely as prac- 
ticable with the educational equipment of the 
city, containing specialized and effective pro- 
vision for many kinds of public recreation; 
specifically, provision suitable to every age, for 
physical exercise and for such gregarious and 
social pleasures and activities as band concerts, 
dances, public meetings, etc., together with op- 
portunity for resting out of doors and for the 
enjoyment of outdoor surroundings as pleasant 
and spacious as it is practicable to provide 
within easy walking distance of every home in 
the city. Such parks will vary from very small 
plats of ground serving solely as decorations, 
to tracts large enough to provide for a wide 
variety of functions. Economy of land and of 
operating cost is favored by large units. The 
need for accessibility on foot by women and 
children limits the district effectively served 
by any unit to not more than a half-mile 
radius, thus tending to limit the size of each 
unit. The size most generally profitable ap- 
pears to be from 10 to 50 acres, and the pro- 
portion of total city area occupied by all of 
such grounds should be apparently from five to 
ten per cent. 

There should be accessible by convenient 
means of transportation to substantially the 
whole population, one or more parks of such 
extent and topographical character and so im- 
proved as to provide spacious, beautiful, rural 
scenery, together with such other features as 
are compatible with the fullest possible enjoy- 
ment of that scenery by the people. There 
should also be boulevards or parkways forming 
exceptionally agreeable means of passage, es- 
pecially to and from the parks, and incidental- 
ly serving in places some of the purposes of 



PARKS AND BOULEVARDS 



local recreation grounds or even of large parks, 
especially in those cases where they are laid 
out on the shores of a large body of water. 

Authority in Control. — The park administra- 
tion in most American cities is directed by one 
of several bodies: (1) a single bureau chief, 
generally called superintendent of parks, who is 
usually responsible through a director of public 
works to the mayor, and closely limited in 
authority by the city council or other appro- 
priating body; (2) more commonly a park com- 
mission, consisting of three, five, or occasional- 
ly more members, often occupying a position 
somewhat independent of other city depart- 
ments. Park commissions are generally un- 
paid, employing a paid superintendent or other 
executive officer. The terms of commissioners 
are most often three years, and usually ar- 



ranged to expire in rotation so as to prevent 
sudden changes of personnel. They are gener- 
ally appointed by the mayor, sometimes by the 
governor or by the courts; sometimes they are 
elective. Rarely they are self-perpetuating like 
the trustees of an endowed institution. 

The general preference for a commission as 
tending to afford greater continuity and wis- 
dom in choice of aims, has a logical ground 
in two peculiarities of park work. ( 1 ) The 
full return from a park investment is seldom 
obtained until many years after the first ex- 
penditures, and then only as a result of fol- 
lowing a consistent policy in apparently trif- 
ling questions which have an enormous cumu- 
lative effect with the lapse of years. (2) Since 
park values cannot be exactly measured on an 
economic or scientific scale it is difficult to 
define the purposes which have controlled the 
decisions and expenditures under one adminis- 
tration so clearly that a succeeding and inde- 
pendent administration will fully understand 
and continue to pursue the same remote ob- 
jective. 

Experts. — The park authority, whether a 
single officer or a commission, in directing the 
policy of the department normally acts upon 
the advice of experts having special technical 
knowledge and skill in special fields. The reg- 
ular staff usually includes men of technical 
training in civil engineering and in horticul- 
ture and arboriculture, sometimes a landscape 
architect with a broad technical training in 
park design. More frequently experts in land- 
scape architecture, in architecture, and in spe- 
cial classes of engineering are employed in a 
consulting capacity or for special problems. 
As a check on the artistic and technical policy 
of the commissioners the New York City char- 
ter includes a peculiar provision giving the 
official landscape architect veto power over any 
plan for new work or alterations which he 
does not approve. Since 1909, New York has 
also provided for a Supervisor of Municipal 
Concerts in the parks and recreation piers. 

A commission is expected to secure adminis- 
trative efficiency through employing a respon- 

612 



sible single executive; but in practice this the- 
ory breaks down with lamentable frequency. 
Members of a park commission are apt to dis- 
tribute among themselves a lot of executive 
detail in such a manner as to weaken and con- 
fuse the responsibility of their employees for 
producing good results; to become absorbed in 
attending to this detailed work, which a multi- 
ple board is ill fitted to perform; and in so 
doing to lose sight of their real function 
which is to watch the larger tendencies of the 
work done by their employees. 

Power over Land. — A park commission nor- 
mally has three powers. (1) To acquire land 
in the name of the municipality for park pur- 
poses, by purchase, gift, devise or condemna- 
tion. Within the limit of available funds its 
discretion in selecting land is normally com- 
plete and independent. Power to acquire land 
outside of the city or district to which the 
Commission is attached is not unusual. A 
general power to alienate or abandon land ac- 
quired for park purposes is possessed, in some 
cases, normally by concurrent action with the 
city council or some other body. The power 
of abandonment is often of great value in rec- 
tifying boundaries. (2) To improve, maintain 
and operate parks, and associated facilities for 
public recreation, and to undertake any work 
incidental to that end either through its own 
employees or through contractors, concession- 
aires or lessees. A very wide range of activ- 
ities is here included, from the ordinary work 
of park construction, planting and mainte- 
nance, to the operation of restaurants, dance 
halls, bathing suit factories, emergency hospi- 
tals and other facilities contributory to the 
use of the land by the public for park pur- 
poses. On the question of what is not a park 
purpose, and therefore beyond the power of 
park authorities to do or permit, no clear de- 
cision has been rendered by the courts. The 
temptation to regard parks as so much vacant 
public building land is very great. There is 
hardly any conceivable purpose, public or pri- 
vate, for which it has not been seriously and 
urgently proposed to use some part of Central 
Park, New York, for example. Generally, both 
in New York and elsewhere, a strong public 
opinion has withstood the more glaringly un- 
parklike uses, such as for court houses, hos- 
pitals and schools; but there have been in- 
stances of the erection of all of these in parks; 
museums have been more often admitted; zo- 
ological and botanical collections have a suffi- 
cient element of outdoor recreation to be fre- 
quently admitted and occasionally to be opera- 
ted by park authorities. But even the art 
museums are seldom if ever operated by the 
park authorities, and the legal status of the 
land they occupy is probably that of property 
withdrawn from park use and transferred to 
other uses, with or without the sanction of law. 
(3) To make rules governing the use of parks, 
to fix penalties for their infringement, to make 



PARLIAMENT 



arrests, and to prosecute violations of the rules. 
Frequently authority to enforce park rules is 
exercised by an independent police force in- 
stead of by watchmen responsible to the park 
authorities; but never with entirely satisfac- 
tory results because the work to be done is 
connected with park maintenance rather than 
with ordinary police work. 

Where the park authority is a single execu- 
tive his powers are more closely limited 
than those normal to a commission, especially 
in the acquirement of land, which is generally 
done (theoretically on his recommendation) by 
some other branch of the city government. 

Finances. — Funds for the purchase of park 
lands are generally obtained by the issue of 
bonds. Funds for "permanent improvements'' 
are frequently so obtained. Special authoriza- 
tion is required to issue bonds, whether the 
park authority otherwise has large independent 
discretion or not. This authorization is grant- 
ed variously by the legislature, by the city 
council, or frequently by popular vote. Funds 
for paying interest and redeeming bonds are 
raised partly by annual tax levy and partly 
by special assessments based on special benefit, 
the latter more particularly in case of land 
purchases. This practice is much more general 
in the Mississippi Valley and westward than 
in the Atlantic states. In Kansas City practi- 
cally the whole initial cost of parks is borne 
by special assessment, short term negotiable 
"park certificates" being issued in place of 
bonds. 

Maintenance and operating expenses are us- 
ually met out of an annual tax levy. Appro- 
priations directly payable out of the annual 
tax levy (or out of the general funds) are 
made annually, in the case of most single park 
executives and of many park commissions, by 
the city council or other general appropriating 
body. Many other park commissions command 
an income not dependent from year to year on 
any other appropriating body, generally 
through the permanent assignment to them of 
taxes up to a certain number of mills per 
dollar of assessed valuation. The maximum 
rate is fixed by act of legislature and remains 
unchanged for long periods. It varies from 
1/2 mill to 2 mills and is more commonly 1 
mill. In Baltimore the park commission has 
an independent and fairly regular income 
through having assigned to it by act of legis- 
lature the proceeds of a tax on the gross 
earnings of the street railways of the city, 
beginning with a tax of 25 per cent and now 
standing at 9 per cent. 

State Parks. — Occasional reservations of land 
are held by states for public use, on account 
of scenic or historic interest, generally at such 
distance from urban centers as to make mu- 
nicipal control inexpedient. They are normally 
administered by a special commission under 
appropriations made by the legislature out of 
the general funds of the state. 



613 



National Parks. — Thirteen tracts of large 
extent have been reserved by the national gov- 
ernment for purposes variously and loosely in- 
dicated in the acts but generally understood 
as the preservation of their natural features 
for the enjoyment of the public. The earliest 
and largest was Yellowstone Park (1872), 
2,142,720 acres; the latest is Glacier Park, 
Montana (1910), of 981,681 acres; the small- 
est is Casa Grande Ruins, Arizona (1889), 
480 acres. The Yosemite Park, California, was 
a state reservation ceded, 1890, to the national 
government. Some of them are largely visited 
by tourists, others are as yet too remote for 
enjoyment by other than campers. They are 
administered by the Department of the Interior 
through local superintendents, by methods as 
various as the acts creating the parks, with 
the assistance of military patrols assigned to 
this service by the War Department. 

Associated with the national parks are the 
so-called national monuments, established un- 
der act of Congress of June 8, 1906, for the 
preservation of objects of historic or scientific 
interest on public lands, administered by the 
Departments of the Interior and of Agricul- 
ture. They were twenty-five in number in 
1910, varying from plots of 10 acres to the 
Grand Canyon of 806,400 acres. 

See Boulevard; City Planning; Common 
Lands; Conservation; Forest Service; Irri- 
gation and Irrigated Lands; Monuments, 
Public; Playgrounds; Public Lands, Res- 
ervation of; Public Works, National, State 
and Municipal ; Real Estate, Public Owner- 
ship of; Roads; Streets. 

References: A. W. Crawford and F. M. Day, 
Am. Park Systems (1905) ; W. E. Curtis, "Our 
National Parks and Reservations" in Am. 
Acad, of Pol. and Soc. Sci., Annual, XXXV 
(1910), 2; John Muir, Our National Parks 
(1901) ; F. L. Olmsted, "Public Parks and the 
Enlargement of Towns," reprinted from Am. 
Soc. Sci. Assoc, Proceedings (1870-1873) ; U. 
S. Sec'y. of Interior, Annual Report, 1910, 
appendix K; periodicals and reports, esp. Gar- 
den and Forest (1888-1897) ; Landscape Arch- 
itecture (1910-) ; Am. Park and Outdoor Art. 
Assoc, Proceedings (1897-1903) ; park reports 
of the following cities, dates indicating annual 
reports of notable value: Boston, 1879, 1880, 

1885, Boston City Docs. 1880, No. 125 ; Brook- 
lyn, 1867, 1873 ; special report accompanying 
plan of Prospect Park, 1866; Buffalo, 1871, 

1886, 1888; Chicago, South Park Commission, 
Metropolitan Park Commission of Mass., 1893; 
New York, 1857-68, special report accompany- 
ing plan of Central Park, 1868; Washington, 
D. C. in Sen. Docs., 57 Cong., 1 Sess., No. 166 
(1902). Frederick Law Olmsted. 

PARLIAMENT. Membership.— Parliament 
has consisted of two Houses — Lords and Com- 
mons — since 1295 when the representation of 
the people became continuous. At no time has 



PARLIAMENT 



there been a statute determining the number 
of the members of the House of Lords. In 1832 
a statute was enacted fixing the number of 
members of the Commons other than those 
from Scotland and Ireland; and it was in 1832, 
also, that a law was passed determining the 
qualifications of electors in all constituencies. 
On March 12, 1913, the number of members of 
the House of Lords was 650, of which 57 had 
been created after the Liberals came into pow- 
er in December, 1908. At the passage of the 
Reform Act in 1832, the number was 386, not 
including the Lords spiritual — the archbishops 
and bishops of the established churches of Eng- 
and Ireland. In 1913 of the 650 peers 574 
were hereditary peers of the United King- 
dom; 6 were life peers — lawyers added to 
strengthen the House of Lords as a court of 
appeal; 26 were bishops; 16 were Scotch repre- 
sentative peers and 28 were Irish representa- 
tive peers. There is no statutory obligation on 
the part of a peer to attend; and the normal 
attendance when there is business of any im- 
portance is sixty or seventy. 

Since the Redistribution of Seats Act of 
1885 the House of Commons has consisted of 
670 members. England returns 465, Wales 30, 
Scotland 72, and Ireland 103. In the early 
days of the representative system wages were 
paid to members of the House of Commons. 
They were a charge on the constituencies. Just 
as soon, however, as seats became in demand — 
as lawyers and courtiers were eager to be of 
the House and willing to serve without pay, 
wages and travelling expenses of members grad- 
ually ceased to be paid, and only in a few 
isolated cases were they a charge on the elec- 
tors after the end of the sixteenth century. 
Payment of wages was revived in 1911. Mem- 
bers of the House of Commons now receive 
£400 a year — not as of old from their con- 
stituents, but from the imperial treasury. A 
man who is of the House cannot end his connec- 
tion with it during the life-time of a Parlia- 
ment except by accepting an office of profit 
under the Crown, an office that is a statutory 
disqualification. Hence the bestowal of the 
Stewardship of the Chiltern Hundreds is the 
method of honorably terminating a member's 
connection with the House. 

Officers. — The lord chancellor, who is of the 
Cabinet, by virtue of his office, is the presiding 
officer of the House of Lords. The speaker of 
the Commons is elected at the beginning of a 
new Parliament. The permanent officers of 
Parliament are the clerk of Parliaments whose 
duties are in the House of Lords and the clerk 
of the House of Commons. Both are appointed 
by the Crown. 

Election. — The dissolution of Parliament and 
the calling of a new one are effected by the 
same royal proclamation issued by the king on 
the advice of the Privy Council under the 
Great Seal. By this proclamation the existing 
Parliament is discharged from its duties of 



attendance, and the Crown declares its desire 
to have the advice of its people, and its will 
and pleasure to call a new Parliament. By 
virtue of this proclamation writs are issued 
from the crown office for the new Parliament. 
They are returnable in thirty-five days; and 
are addressed, in so far as they concern the 
membership of the two Houses: (1) to the 
temporal peers of England; (2) to the spirit- 
ual peers of England; (3) to the 28 temporal 
peers of Ireland; and (4) to the returning of- 
ficers — high sheriffs and mayors — in the bor- 
ough and county constituencies of England, 
and Wales, Scotland and Ireland. There is no 
writ of summons for the Scotch representative 
peers. Their election at Holyrood Palace, Edin- 
burgh, by the peers of Scotland, is made by 
virtue of a separate proclamation. 

Meeting. — Parliament meets on the day 
named in the proclamation. In the Lords, 
peers who have received writs of summons pre- 
sent them at the table where the roll of men 
entitled as hereditary peers of England to re- 
ceive writs is delivered b*y the Garter King at 
Arms. This official also delivers a list of the 
Lords spiritual; and the title of the repre- 
sentative peers of Scotland is evidenced by a 
certificate delivered by the clerk of the Crown 
of a return made by the lord clerk register 
of Scotland. In the Commons at the assemb- 
ling of a new Parliament the clerk of the 
house receives from the clerk of the Crown, 
from whose office the writs were issued, a book 
containing a list of the returns made to the 
writs. In both houses every member takes the 
oath of allegiance, or makes an affirmation on 
stating either that he has no religious belief 
or that it is contrary to his religious belief to 
take an oath. A new Parliament is opened by 
commission. The first business of the Com- 
mons is the choice of speaker, who is not only 
first commoner and chairman of the House but 
also its spokesman to the Crown. Next comes 
the speech from the throne announcing the 
objects of the summons of Parliament, a speech 
prepared by the Cabinet, in which are mem- 
tioned the more important measures to be sub- 
mitted during the session. To hear this mem- 
bers of the Commons attend at the bar of the 
House of Lords. Each house proceeds to a con- 
sideration of the speech on a motion for an 
address in reply to the speech — a motion made 
and seconded in both houses by non-official sup- 
porters of the government. Amendments to 
the address are in order; and there have been 
occasions — as in 1886 — when a government 
that had not secured a majority in the elec- 
tions was defeated in the Commons and went 
out of office. Usually before the address to 
the Crown is adopted, the general policies of the 
government have been debated during several 
sittings of the House. There is a speech from 
the throne at the opening of every session; 
also a king's speech at the end of the session, 
in which the acts passed are recapitulated* 



614 



PARLIAMENT, CANADIAN 



Each house has power of adjournment. Pro- 
rogation is by the exercise of the royal pre- 
rogative. It ends the session of both houses 
simultaneously and terminates all unfinished 
business. 

Law-Making. — Law can only be made by an 
assembled Parliament and by the concurrence 
of Crown, Lords and Commons. Money bills 
must originate in the House of Commons. The 
Lords lost the power to amend these bills in 
the reign of Charles II, and by the Parliament 
Act of 1911 they were deprived of the power 
— only once used in three centuries — of reject- 
ing a money bill. Until 1911 the relations of 
the two houses were determined only by stand- 
ing orders and usage. The Parliament Act 
greatly restricted the veto power of the Lords 
and also fixed five years as the maximum life- 
time of a Parliament. 

See Cabinet Government; House of Com- 
mons; Legislation, British System; Parlia- 
ment, Prorogation and Dissolution of; Par- 
ty Government in Great Britain; Prime 
Minister. 

References: W. Anson, Law and Custom of 
the Constitution (3d ed., 1907), I; C. Illbert, 
Parliament: Its History, Constitution and 
Practice (1911), 32-119; A. L. Lowell, Gov- 
ernment of England (1908), I, Pt. I; S. Low, 
Governance of England (1904), ohs. i-vi. 

Edward Porritt. 

PARLIAMENT, CANADIAN. The Canadian 
Parliament, in its present form, is of recent 
origin, for its existence began in 1867 {see 
Canada, Dominion of). The framers of the 
constitution of Canada were imbued with the 
methods and traditions of the British Parlia- 
ment; it thus happened that while they framed 
a federal constitution they yet declared that it 
was "similar in principle to that of the United 
Kingdom." Canada, like Great Britain, has in 
reality no written constitution. The British 
North American Act, which created the Canadi- 
an Parliament, gives a mere outline of a polit- 
ical system rather than a formal constitution. 
The details are filled in by the law and the cus- 
toms of the constitution which have grown up 
in England. The result is that the Parliament 
of Canada is more closely akin to the Parlia- 
ment of Great Britain than to the Congress of 
the United States. The executive government 
is responsible to and controlled by Parliament, 
and Parliament itself has absolute authority. 
It can confiscate property and even sentence to 
death by bill of attainder. In order to make 
the central government strong the Act reserves 
to it all the powers not specifically delegated to 
the provinces. 

A measure which becomes law in Canada must 
receive the assent of the king given by his 
representative, the governor-general, after it 
has been adopted by the two Houses of Parlia- 
ment, the Senate and the House of Commons. 
This method appears similar to that in the 



Congress of the United States of assent by the 
President after passing the two houses of Con- 
gress. In reality the part played by each of 
these three factors in legislation is different in 
the two countries. 

(1) The head of the state in Canada, the 
king, represented by the governor-general, has 
no power at all approaching that of the Presi- 
dent of the United States. Like the President, 
he is the chief figure in social functions. But, 
unlike the President, he takes no part in the 
executive government and, in Canada, though 
not in Australia, is absent from the meetings 
of the Cabinet. He has no veto power, for he 
must give his approval to the measures, lying 
within the jurisdiction of the Canadian Parlia- 
ment, which are submitted to him. 

(2) The Senate of Canada consists of 87 
members. As vacancies occur members are 
appointed for life by the government of the 
day. The senators are grouped in four divi- 
sions: 24 from Ontario, 24 from Quebec, 24 
from the Maritime provinces, and 15 from the 
Western provinces, a number likely to be in- 
creased in the near future. The federal prin- 
ciple under which all the states of the Union 
have equal representation and authority in the 
Senate was, no doubt, in the minds of the 
framers of the Canadian constitution, but has 
had only a vague and uncertain application. 
In the United States the Senate is as strong 
as the House of Representatives. Perhaps it 
is an even stronger body. In Canada, on the 
other hand, the Senate occupies a position of 
subordination to the House of Commons. As 
the members sit for life they have no direct 
mandate from the people and exercise little 
influence in the country. This comparative in- 
feriority can be accounted for largely by the 
fact that the House of Commons, a really repre- 
sentative body, controls the government under 
the principles of ministerial responsibility {see 
Responsible Government in Canada ) . 

(3) The House of Commons in Canada not 
only discharges the functions of a legislative 
body but it also controls the executive admin- 
istration. No government can remain in power 
which is not supported by a majority in the 
House of Commons. Thus the real ruler is 
the leader — the prime minister — who commands 
this majority. He selects the Cabinet and dis- 
charges in the Canadian political system the 
functions discharged by the President in the 
United States, with the difference that not he, 
but the governor-general, as representing the 
king, is the nominal head of the state. 

The Executive Government. — The executive 
government is controlled by Parliament and 
each member of the Canadian Cabinet must 
have a seat in Parliament. The nature of the 
Cabinet itself, in Canada, as in England, is not 
defined anywhere in the constitution. It is, 
in theory, merely an informal executive com- 
mittee named by its chairman, the prime min- 
ister. The members are pledged to divulge 



615 



PARLIAMENT, PROROGATION AND DISSOLUTION OF— PARLIAMENTARY LAW 



nothing that takes place in the Cabinet and 
no record of its deliberations is kept. Any 
important measures which pass the Commons 
must first be approved by the Cabinet. This 
applies especially to money bills which can be 
proposed only by the government of the day. 
The Party System. — Though the nominal 
term for a Parliament is five years, an appeal 
to the people may be made at any time, as 
need arises. Thus, in contrast with the Amer- 
ican system, elections take place in Canada at 
irregular intervals; a Parliament may endure 
for five years or for less than a year. There 
must not be an interval of more than twelve 
months between its meetings. Canada has two 
great political parties, the Conservative party 
and the Liberal party. Each party has always 
at its head a recognized leader. Since, to re- 
main in office, a party must have a steady 
majority in the House of Commons, party dis- 
cipline is strict. A member of a party re- 
fusing to give his leader, the prime minister, 
steady support would be denied control over 
patronage and other -favors which a govern- 
ment has at its disposal. 

Though the speaker in each of the two houses 
of the Canadian Parliament is always the nom- 
inee of the party in power, he is expected to 
discharge his functions impartially and to take 
no part in the warfare of party. By law the 
Canadian Parliament is bilingual; members 
have the right to speak either in English or in 
French, and the more important state papers 
are printed in both languages. The Province 
of Quebec, which is prevailingly French, has 
been made the pivot of the Canadian parlia- 
mentary system. It has the right in perpetuity 
to send sixty-five members to Parliament and 
the representation of the other provinces is 
adjusted on the basis thus reached in Quebec. 
The census is taken every ten years and is 
followed by a redistribution of seats. 

See Canada, Dominion of; Canadian Prov- 
inces; Responsible Government in Canada; 
also provinces by name. 

References: W. Houston, Documents Illustra- 
tive of the Canadian Constitution (1891); H. 
E. Egerton, Federations and Unions in the 
British Empire (1911); W. H. P. Clem- 
ent, Law of the Canadian Constitution ( 1904 ) ; 
A. Todd, Parliamentary Government in the 
British Colonies ( 1880) ; A. H. F. Lefroy, 
The Laio of Legislative Power in Canada 
( 1897-8) . George M. Wrong. 



PARLIAMENT, PROROGATION AND DIS- 
SOLUTION OF. Prorogation and dissolution 
of Parliament are by the exercise of the royal 
prerogative. Adjournment of either house lies 
within its own power. A new Parliament is 
convened by the Crown and is opened by a 
speech from the throne outlining the business 
of the session. In an ordinary session of the 
House of Commons there are usually two ad- 
journments — for the recesses at Easter and at 
Whitsuntide. In case the session is prolonged 
into the autumn there is a third recess usually 
of a little over two months. The adjournments 
are by motion made generally by the leader of 
the house from the treasury bench, and on 
these motions almost any question can be dis- 
cussed except when there are blocking notices 
on the order paper intended to prevent the 
debating of some particular subject. In the 
House of Lords adjournments are more fre- 
quent, especially in the earlier part of the 
session when as yet few bills have gone for- 
ward from the Commons. When both houses 
stand adjourned for more than fourteen days, 
it is within the statutory power of the Crown 
to summon them to reassemble. This power, 
brought into service only at great crises, and 
exercised by the sovereign on the advice of the 
Cabinet, is wielded by proclamation command- 
ing the meeting of the houses. The Crown can- 
not make either house adjourn, though it may 
signify that it is its pleasure that they should 
adjourn. Prorogation ends a session. Like 
the convening of Parliament it is the occasion 
of a speech from the throne — in this case re- 
viewing the work of the session. A dissolu- 
tion of Parliament is preceded by a proroga- 
tion, except when a Parliament ends by efflux 
of time. Dissolution following prorogation is 
by proclamation issued by the king, on the 
advice of the Privy Council, and this proc- 
lamation made in the House of Lords is treated 
by the crown Office in Chancery as the author- 
ity for the issue of writs for a new Parliament. 
In the Dominion of Canada, Australia, New 
Zealand and South Africa, and also in crown 
colonies with representative assemblies, the 
usage in regard to prorogation and dissolution 
is in most details the same as at Westminster. 
See Adjournment; House of Commons; Par- 
liament. References: W. R. Anson, Law and 
Custom of the Constitution (4th ed., 1909), 
chs. iii, vi, vii; T. E. May, Parliamentary Prac- 
tice (11th ed., 1906), ch. ii. E. P. 



PARLIAMENTARY LAW 



Definition. — A system of common rules and 
practices for the government of deliberative 
assemblies is known as parliamentary law. To 
this same body of rules and practices the name 
rules of order is also applied. The rules in- 
cluded are the ones that are employed in as- 



semblies generally. In individual assemblies 
there are often special rules which are known 
as standing rules. These arise as motions in 
the assembly and are adopted just as any other 
motions or resolutions are. The record of 
standing rules is found in the written minutes 



616 



PARLIAMENTARY LAW 



of the organization; the rules of order are 
usually those contained in some manual of 
parliamentary law. The constitution and by- 
laws are the supreme regulations within the 
limits of which an organization does its work. 
In ordinary assemblies where a written consti- 
tution and by-laws exist, the latter usually 
names some particular manual of parliamen- 
tary law for the regulation of the deliberative 
and legislative actions of the assembly. 

Origin. — The term parliamentary originated 
from the English Parliament, the first as- 
sembly in history to formulate a complete sys- 
tem of procedure such as has come down to our 
times. It must not be understood, however, 
that the usages of the Parliament of England 
constitute the ultimate authority in parlia- 
mentary practice, either in England or Amer- 
ica, nor do the practices of the Congress of 
the United States necessarily obtain in assem- 
blies generally in this country. Many of the 
rules that govern these assemblies are not now 
well adapted to the government of common as- 
semblies. In so far as there is an ultimate 
authority for parliamentary law, it will be 
found in the practices common to deliberative 
assemblies generally. General usage is the 
ultimate authority. This usage had its genesis 
in the English Parliament, but it is now the 
product of the slow evolution of centuries. 
It has been added to now and then by legal- 
minded philosophers, and "infiltrated with the 
common sense of the many," so that, while 
even yet it is not a perfect system, it is well 
adapted to the needs of ordinary deliberative 
bodies. Of the many writers on parliamentary 
law in America, it should not be forgotten 
that Thomas Jefferson is perhaps the one to 
whom greatest credit is due. He is the pioneer 
American parliamentarian, . and Jefferson's 
Manual is still embodied in the Rules and 
Practices of the House of Representatives. 

Main Principles. — While parliamentary law 
may vary in the details of its rules, underlying 
it all there are four invariable foundation 
principles or corner stones, upon which every 
portion of the superstructure rests. They are: 
(1) justice and courtesy to all; (2) one thing 
at a time; (3) the rule of the majority; (4) 
the rights of the minority. "The great purpose 
of all rules and forms," says Cushing in his 
Manual of Parliamentary Practice, "is to sub- 
serve the will of the assembly rather than to 
restrain it; to facilitate, and not to obstruct, 
the expression of their deliberate sense." The 
will of the assembly is the will of the majority. 
In parliamentary law this principle of major- 
ity rule is central. But it is to be observed 
that it is the deliberate will that is sought, 
and to this end parliamentary rules are so 
framed as to antagonize the spirit of mob-mind 
and the creation of a "crowd." The rules favor 
control by reason rather than by suggestion. 

Assemblies and Their Organization. — When a 
number of people come together to accomplish 



a purpose in a way requiring the employment 
of some parliamentary rules, their organization 
usually assumes one of three forms. If the 
group have come together in consequence of 
some public summons, for a single purpose, and 
contemplating only a single meeting, the as- 
sembly is known as a simple assembly or mass 
meeting. In perfecting an organization the 
usual steps are: (1) the calling of the meet- 
ing to order by any interested member; (2) 
nomination, election, and inauguration of a 
chairman and a secretary; (3) the statement 
of the object of the meeting by the chairman or 
some one selected by the chairman; (4) trans- 
action of the business provided for in the "call" 
followed by adjournment. A second kind of 
organization is one known as a permanent so- 
ciety, which is instituted for one or more pur- 
poses, and is to continue indefinitely. The 
procedure in such an organization is at first 
like that in a mass meeting, followed by the 
election of permanent officers and perhaps the 
adoption of a constitution, by-laws, and rules 
of order. The third sort of assembly is a 
kind called a representative assembly, one 
whose members are chosen as delegates from 
other bodies. Such assemblies as these usually 
have a prescribed method of procedure, as is 
the case in state legislatures and political con- 
ventions. 

The chief officer of an assembly is variously 
called president, chairman, speaker, moderator, 
etc. He is the director of the business of the 
assembly, the leader of its activities. A good 
chairman never becomes excited, angry, or par- 
tisan. He knows the rules of the assembly and 
applies them tactfully, skillfully, and faithful- 
ly. He may adjourn an intolerably turbulent 
assembly, and may himself be recalled from 
his office if he proves unfaithful to duty. Oth- 
er officers are: a vice-president, to act in the 
absence of the president; a secretary, to keep 
the records of the organization; a treasurer, 
to take care of the funds; and still other offi- 
cers, depending on the nature of the organiza- 
tion. The members of an assembly have all 
their rights resting on the equality of members. 
It is incumbent on members to seek to have all 
business transacted in accordance with the 
rules of the assembly. 

Business, Debate, Voting. — In order to in- 
troduce business, a member must first obtain 
the floor. This he does by rising and address- 
ing the chairman by his official title, and then 
receiving recognition from the chairman. Busi- 
ness is usually introduced by the making of a 
motion, that is, a formal proposition offered for 
the consideration of an assembly. Such a mo- 
tion must be seconded by another member, who 
does not need to obtain the floor, merely say- 
ing, "I second the motion." This motion must 
now be stated by the chairman, after which it 
is deemed in the possession of the assembly. 
Motions of this sort are open to debate. Mem- 
bers in turn obtain the floor and confine their 



617 



PARLIAMENTARY LAW 



remarks strictly to the merits of the specific 
question before the house. The discussion of 
motives and personalities is not permissible. 
Ordinarily a member may not speak beyond 
ten minutes, nor more than twice on the same 
question and the second time only after others 
who wish to speak have spoken once. 

Voting is a means of determining the judg- 
ment of the assembly on a proposition. It may 
take the form of a ballot, in which the members 
write their decisions on slips of paper distrib- 
uted and collected by tellers. The form of vot- 
ing most frequently employed is by ayes and 
nays, the chairman putting the question, 
"Those in favor of the question say 'Aye.' " 
After a pause for the affirmative vote he then 
says, "Those opposed say 'No.' " The volume 
of voices, if fairly representative of the num- 
ber of voices, is the basis of the chairman's 
decision, "The question is carried (or lost)." 
A division may be called for, when those 
in favor of the motion stand and are 
counted and then those in favor of the 
negative. When voting by yeas and nays 
is the form employed, the chairman says, "As 
many as are in favor of the question will, when 
their names are called, say 'Aye,' and those op- 
posed will say 'No.' " The secretary then calls 
the roll and records the vote of each member 
as he responds. It is the duty of every mem- 
ber entitled to vote to do so, though he cannot 
be compelled to vote. Members not voting are 
deemed as acquiescing in the action of the ma- 
jority. The chairman may vote when the vot- 
ing is by ballot, or by yeas and nays, and in 
other cases when his vote can change the result. 

Motions. — The twenty parliamentary forms 
or motions commonly employed serve several 
general purposes, and so fall into four main 
groups. The first of these groups is known 
as principal motions and is defined to be those 
that are never in order except when no other 
business is before the assembly. Three motions 
belong to this group, viz., main motions; the 
motion to rescind or to repeal ; and the motion 
to expunge. Main motions are those designed 
to bring original business before the assembly. 
Such a motion must not conflict with the con- 
stitution, by-laws, rules of order, or standing 
rules of the assembly. It is open to remarks 
and requires a majority vote for its adoption. 
To rescind or repeal is a motion intended to 
annul a resolution or order of the assembly 
after it is too late to go back to it by a proc- 
ess of reconsideration. The motion is subject 
to the same rules which govern a main motion. 
To expunge is a motion employed when an as- 
sembly wishes to completely disavow a former 
action or record. This calls for the drawing 
of a line around the portion of the record to be 
expunged, and writing across the face of it 
the words, "Expunged by order of the assembly 
this day of A. D. 19—." 

The second group of motions are called sub- 
sidiary motions. They include those that are 



applied to other motions for the sake of dis- 
posing of them or of modifying them, or of 
cutting off debate on them. There are six of 
these motions and they are named in the order 
of their precedence from the weakest to the 
strongest. That is to say, with the exception 
of the first and second motions named below, 
which are of equal rank (neither one yielding 
to the other ) , any one of these motions may 
be made while one or more of those above it in 
the list are pending {i. e., made, but not voted 
on), but may not be made if any below it in 
the list are pending. If offered in the order of 
their precedence, therefore, there might be five 
of these motions pending at once in addition 
to the original main motion to which they are 
applied, and when finally acted on, the last one 
offered would be the first one upon which to 
vote. If that were lost, then the next one 
would be up for vote, and so on. The first four 
of the motions are debatable and the last two 
are undebatable. They all require a majority 
vote to carry them except the fifth, which re- 
quires a two-thirds vote. The list of the sub- 
sidiary motions and the purposes of each 
are as follows : ( 1 ) To postpone indefinite- 
ly has for its purpose the disposal of a 
question for the session without voting on it 
directly. Its effect, if carried, is practically 
to postpone the question perpetually. (2) To 
amend provides a means for modifying the 
original question by additions, substitutions, 
eliminations, or by any two or all of these 
forms of modification. (3) To commit, or re- 
fer, secures the advantage of action by a 
smaller group or committee, or of greater 
freedom in debate (committee of the whole) in 
dealing with a question. Committees are either 
standing committees, special committees or 
committees of the whole. (4) To postpone to 
a certain time defers action on a question till 
the time specified. (5) The previous question 
is a motion whose purpose is simply and solely 
to stop debate on a question so as to bring it 
to a vote. (6) To lay on the table accomplish- 
es the indefinite postponement of a question. 
The question may again be taken up, at a time 
when no other business is before the assembly, 
by a motion to take from the table the ques- 
tion previously laid on the table. 

Incidental motions constitute the third group 
of parliamentary motions. These are motions 
that arise out of other questions or rules and 
their purposes are as various as the motions. 
The order in which they occur below is without 
significance. Any one of the motions takes 
precedence of subsidiary and principal motions 
and yields to all privileged motions. Appeals 
and reconsideration are sometimes debatable, 
while the other motions in the group are not 
debatable at all. They all require a majority 
vote except suspension of rules and the ques- 
tion of consideration. These require a two- 
thirds vote to carry. (1) Suspension of rules 
may be applied only to standing rules and rules 



618 



PAROLE SYSTEM 



of order, and make temporarily possible an 
action contrary to such rules. (2) Withdrawal 
of a motion permits expediting business in case 
of changed opinion on the part of the maker 
of the motion. (3) Reading of papers is a 
motion designed to permit the giving of writ- 
ten information to an assembly. (4) The ques- 
tion of consideration (objection to the consid- 
eration of a question) enables an assembly to 
avoid irrelevant, unprofitable, or contentious 
questions. It applies to a main question only. 
(5) A question of order, or a point or order, 
calls attention to a violation of a rule of the 
assembly. When the attention of the chair 
has been called to the broken rule, the chair 
gives the decision as to whether the rule has 
been broken or not. An appeal may be made 
from the decision of tbe chair only on ques- 
tions involving the judgment of the chair, and 
does not apply to cases where the rule plainly 
states what should be done. (6) To reconsider 
has for its purpose the modification or annul- 
ment, within a limited time, of any action al- 
ready taken by the assembly. This is the most 
complicated of all forms of procedure. 

Privileged motions arise independently of 
other motions and concern themselves with the 
needs of the assembly. They are five in number 
and are quite variable in their purposes and 
in the rules by which they are governed. Only 
the second in the list is always open to debate, 
and a majority vote will carry any one of them. 
, These motions take precedence of all other 
motions, and among themselves the order of 
precedence is the order in which they are here 
given. The strongest of all motions is the mo- 
tion to fix the time at which to reassemble. 
( 1 ) A call for the order of the day brings be- 
fore the assembly a subject assigned to the 
time when the call is made. (2) Questions 
of privilege secure to the assembly or any of its 
members some right with respect to safety, 
comfort, dignity, reputation, or freedom from 
disturbance. (3) To take a recess suspends all 
business for a time without interfering with 
the continuity of the meeting. (4) To adj&urn 
brings a meeting to a close. (5) To fix the 
time or place at which to reassemble accom- 
plishes just what its name indicates and is 
used when conditions are such as to make this 
necessary or desirable. 

See Division of Powers; Rules of Con- 
gress; Rules of Legislative Bodies; Speak- 
er; Voting in Legislative Bodies. 

References: L. S. Gushing, Rules of Proceed- 
ing and Debate in Deliberative Assemblies 
(1869); T. B. Reed, Manual of General Par- 
liamentary Law (1898) ; R. Waples, A Hand- 
booh of Parliamentary Practice (1901) ; E. 
Palmer, A ~New Parliamentary Manual 
(1901) ; E. A. Fox, Parliamentary Usage for 
Women's Clubs (1902) ; A. C. Hinds, House 
Manual (1909) ; H. M. Robert, Rules of Order 
(1904) ; F. M. Gregg, Handbook of Parliamen- 
tary Law (1910). Fred M. Gregg. 



PAROLE SYSTEM. Under the indetermi- 
nate sentence it is provided that the prisoner 
may be released on parole subject to a return 
to prison for the completion of his sentence in 
case he violates the conditions of the parole. 

Usually no prisoner is allowed to be paroled 
until employment has been secured for him 
with some individual who knows his history 
and who will not discharge him because of his 
prison experience. The paroled man is re- 
quired to proceed at once to his place of em- 
ployment; not to change without permission of 
the prison authorities; to refrain from intoxi- 
cating liquors, gambling and other vices; to 
avoid bad company; to save as much as pos- 
sible of his wages; and to report at stated in- 
tervals to the prison authorities. One or more 
parole agents are appointed to exercise a 
friendly and helpful supervision. When the 
prisoner has satisfied the officers of his ability 
to lead an upright and law abiding life he 
receives an unconditional discharge, usually 
after a probationary period of six months to 
a year. 

The question of the parole of the prisoner 
is decided either by the governing board of the 
prison or by a special pardon board established 
by the legislature for that purpose. The best 
authorities recommend that the question of pa- 
role be decided solely on the record of the 
prisoner and the belief of prison authorities 
that he has attained such character that he can 
be safely trusted at large; and that no peti- 
tion or personal influence of outside parties 
should be allowed to influence the question of 
his parole. 

Objection has been made to the parole system 
on the ground that it is too lenient and that it 
lacks the determined effect of the time sen- 
tence. Experience proves that hardened crim- 
inals prefer a time sentence to an indetermi- 
nate sentence for the reason that the prisoner 
serving the time sentence must be released 
upon the expiration of his sentence and can 
reduce his term by compliance with the prison 
rules; while in order to profit by the indeter- 
minate sentence he must exert himself and 
must exercise a self-control which is contrary 
to his desires. Statistics prove that the aver- 
age stay in prison is longer for the same of- 
fense under the indeterminate sentence than 
it is under the time sentence. It is the general 
testimony of prison officers and penologists 
that better reformatory results are attained 
under the indefinite sentence than under the 
time sentence. 

See Criminal, Reformation of; Indetermi- 
nate Sentence; Prisoners, Probation of. 

References: G. Hoadley, "The Pardoning 
Power" in Natl. Conference of Charities and 
Correction, Proceedings, 1886, 77-89 ; Ameri- 
can Prison Assoc, (formerly Nat. Prison 
Assoc.) Reports (1870 to date) ; F. H. Wines, 
Punishment and Reformation (1910) ; C. R. 
Henderson, Penal and Reformatory Institutions 



88 



619 



PARSON'S CAUSE— PARTIES, STATE AND LOCAL 



(1910) ; H. H. Hart, Preventive Treatment of 
Neglected Children (1910); Z. R. Brockway, 
Fifty Years of Prison Service (1912) ; N. Y. 
State Reformatory, Annual Reports (1897 to 
date) ; American Tear Book, 1910, 464-466, 
ibid, 1911, 383, ibid, 1912, 443. 

Hastings H. Haet. 

PARSON'S CAUSE. In early days in Vir- 
ginia the clergy were paid in tobacco. In 1758 
the legislature passed the famous "option law" 
or "twopenny act," providing that at the op- 
tion of the vestries the ministers should be paid 
not in tobacco but in paper currency at the 
rate of twopence for each pound of tobacco. 
This was an arbitrary and unjust law; for the 
paper money was depreciated and tobacco was 
high. This law was disallowed by royal au- 
thority in England. In 1763 the Rev. James 
Maury's demand for damages was brought be- 
fore a jury in the court of Hanover county. 
The trial is especially significant because of the 
speech of Patrick Henry, then beginning his 
career as a lawyer, statesman, and orator. He 
boldly upheld the option law as good law. 
"It was," he said, "a law of general utility, 
and could not, consistently," with what he 
called the original compact between king and 
people . . . "be annulled." He went on to 
declare "that a king by disallowing acts of 
this salutary nature, from being the father of 
his people, degenerated into a tyrant, and for- 
feits all right to his subjects' obedience." Such 
utterances appear to have astounded many of 
his hearers, and cries of "Treason! Treason!" 
were heard. But the jury, carried away by 
Henry's eloquence and doubtless feeling hostil- 
ity to the established church, gave the poor 



parson one penny damages. This trial, there- 
fore, is well considered one of the opening 
scenes in the American Revolution; it foreshad- 
owed the later opposition to kingly authority 
and foreshadowed also the disappearance of the 
established church. See Henry, Patrick. 
References: M. C. Tyler, Patrick Henry 
(1899), ch. iv; W. W. Henry, Patrick Henry 
(1891), I, 34-43; G. Morgan, The True Patrick 
Henry (1907), 58-74. A. C. McL. 

PARTICULARISM. As a term of political 
science, particularism has reference to the ex- 
clusive attachment of a party, group, or na- 
tionality to its own local interests. It may be 
contrasted with nationalism which regards the 
general interests as of paramount importance 
to those of a particular group or community. 
In federal states as well as in unitary states 
composed of heterogeneous nationalities, the 
spirit of particularism is always present in 
some degree or form. In the United States it 
has found notable expression in the attachment 
of the southern people to their respective states 
and as a consequence, the political party to 
which they have uniformly given their support 
has been in some degree particularistic in its 
aims and principles. In Germany, likewise, 
there are various political groups or national- 
ities whose aims are primarily particularistic. 
Such are the Centrists, the South Germans, the 
Danes, Poles, Alsatians and other races each 
of which is the advocate of interests which are 
local rather than national in character. 

J. W. G. 

PARTIES IN CONGRESS. See Congress 
of the United States, Political Parties in. 



PARTIES, STATE AND LOCAL 



Absence of State Parties. — By the Federal 
Constitution many important powers are re- 
served to the separate states. The conduct of 
state, local and city government, the exercise 
of police power, the control of the liquor traffic, 
the organization of public schools and much 
other weighty business are all matters of state 
policy. Since the field for state activity is so 
wide and so diversified, one might assume that 
distinctive state parties would arise to strive 
for control of the state governments. But as a 
matter of fact there are no permanent state 
or local parties. Opposing interests express 
themselves through the regular national parties 
or through new parties which try to become 
national. Nevertheless local issues have often 
given rise to temporary organizations which 
have greatly affected party action in the state. 
The question of religious education in the pub- 
lic schools has frequently become a state issue 
which at times has been accepted by the regu- 



lar parties (see Bennett School Law) ; at 
other times it has been taken up by a separate 
temporary party. The "Readjuster party" in 
Virginia was formed on the issue of the state 
debt, and for a time held the balance of power 
between the regular parties. No mere state 
party has ever long maintained itself as such. 
Either it is absorbed by one of the national 
parties or it disappears. Tammany Hall {see), 
which originated in New York City as a local 
reform association, owes its permanence to its 
having been adopted as the regular city or- 
ganization of the national Democratic party. 
The reform society has been forgotten but the 
powerful Democratic club persists. If such 
state or local parties gain their ends it is by 
forcing one or other of the greater organiza- 
tions to adopt their views on special local is- 
sues. 

Growth of the National System. — Party di- 
vision in the nation has developed out of pure- 



620 



PARTIES, STATE AND LOCAL 



ly national issues. One section of the people 
has favored a strong central government; an- 
other has emphasized the importance of the sev- 
eral states. The national bank, protection or 
free trade, territorial expansion, all are nation- 
al party issues, and concern the government at 
Washington. But national parties standing 
for questions of federal interest must seek to 
carry the elections in the smallest precincts; 
and to this end they early created local party 
organs. Federalists and Republicans were found 
in every political subdivision, as were Whigs 
and Democrats later. The voter felt himself an 
active part of a great national organ and 
gradually he began to express his partizanship 
by nominating and electing local officers under 
the party name. Thus everywhere national 
party affiliation became the basis on which 
local and state officers were chosen. Party 
names became fixed on certain areas; "Whig 
states" often contained Democratic counties or 
cities, and "Democratic states" did not lack 
important Whig communities. This practice 
of local division on party lines contributed to 
the building up of the convention system of 
party government. The national committees 
reached down through the descending scale of 
conventions and committees to the smallest 
area and even to the individual voter. In each 
state the particular form of party organization 
depends entirely on the peculiarities of state 
and local government. In New England, where 
the town is the important unit in local govern- 
ment, the town party committees and party 
caucuses control local action. In the South 
county officers and committees govern the 
party. In states where local government is 
divided between township and county, party 
organization shows similar divisions of power. 
Each state has adapted the party to its own 
institutions and its own local needs, and the 
national parties work through diversified local 
organs. 

Federal Organization. — Party organization in 
America, then, is in form, federal like the 
government. The permanent parties are na- 
tional, with diversified state and local units, 
adapted to varying local needs. They continue 
to draw their life and inspiration from na- 
tional issues, while working through varied 
local machinery. The national party commit- 
tees and conventions do not greatly interfere 
with the workings of the party within the 
state. Even in a machine-managed state the 
national committeemen seldom interfere with 
local party prejudices. The states go their 
own way - and, in general, act independently. 
Much local variation is noticeable. In the 
South, for instance, the Democratic party has 
become traditionally devoted to advanced tem- 
perance legislation, while in sections of the 
North the Republican party holds the same 
position. As regards the public school system, 
the government of cities, reforms in taxation, 
woman suffrage and all state and local issues, 



the parties are equally open to influence on 
the part of their members. The same reform 
may be championed by opposing parties in dif- 
ferent parts of the country. In respect to 
special reforms it may be said that the states 
have their own local parties extemporized out 
of the organization of the national parties. 
On local issues of a permanent character 
the two parties tend to become permanent- 
ly identified with opposing policies. One party, 
for example, is likely to be more aggressive 
and radical than the other in the control of 
railroads and other public service corporations 
within the state. 

The conclusion is, therefore, that strictly 
speaking there are no permanent state and 
local parties, but only local adaptations of 
the national parties. In matters of govern- 
mental authority the states and the general 
government are in large measure independent. 
There may even be serious conflict between 
them. The cities and states, on the other hand 
lay no claim to independent party authority. 
All speak in the name of the national party. 
The parties have been the great unifiers of 
the people, enabling all sections to feel and 
act together with a common purpose. Especial- 
ly have the parties trained the people to disre- 
gard state lines. National party policies may 
affect in a peculiar manner certain sections of 
the country. In such a case it is not usually 
a state which opposes or favors a special party 
policy, but a group of states interested alike 
in agriculture, manufacturing or mining. 
Party organization, therefore, is not federal 
except in the mere matter of form and adapta- 
tion to local needs. 

United States Senators and State Parties — 
The election of United States Senators by 
state legislatures has concealed this tendency 
to adapt national parties to local issues. Now, 
since the Seventeenth Amendment provides for 
popular election of L^nited States Senators, 
state lawmakers are relieved from this function 
and voters in each state can make freer use 
of local party organs in settling state and 
local affairs. Membership in the great national 
parties may now be determined by one's atti- 
tude toward national policies, and one will 
more readily register his views on local and 
state matters through the ballot. It was a 
mere accident if the policy for which the Demo- 
cratic party stood in Congress corresponded 
with the convictions which a member of that 
party held on a state issue. When party poli- 
cies in state and nation are both presented to 
the voter's mind, he must sacrifice his convic- 
tions as to one branch of government to his 
greater interest in the other. Freedom in vot- 
ing for separate state and federal lawmakers 
should strengthen interest in local political 
issues. 

City Parties. — In our scheme of government 
the city possesses a wide field for independent 
action. Especially does the great city, with 



621 



PARTISAN POLITICAL ORGANIZATIONS— PARTY CIRCLE 



its vast systems of water and light supply, 
street cars, docks, etc., demand a special form 
of government to fit its peculiar needs. These 
interests may give rise to factions and city 
parties which become more or less permanent. 
Citizens' parties are frequently organized to 
combat some loc*aT evil or to secure a needed 
reform. These municipal parties may continue 
through several campaigns and acquire the 
characteristics of permanent organs of public 
opinion. The interest of the entire nation 
turns to the great cities like New York, Phila- 
delphia, Chicago and San Francisco, where, 
owing to the special problems of municipal 
administration and the density and diversity 
of the population, local politics has become all- 
absorbing. 

Since New York City leads a political life 
of its own, often at variance with that of the 
rest of the state, the rise of a local reform 
party here has been made comparatively easy. 
Opposition to Tammany (see) at last crystal- 
lized into a citizens' party which entered the 
local contest. The campaigns in which Seth 
Low (see) headed the citizens' ticket have be- 
come famous. They furnish a fine example of 
the rise of a purely local party in a metropolis 
( see New York City ) . 

In Philadelphia, where the city government 
is a part of the state machine (see Party Or- 
ganization in Pennsylvania) reform has fol- 
lowed a more varied course. Citizens' parties 
under various names and forms have tried their 
strength against the "ring" and have been brok- 
en by it. They have not been able to persist 
until good government had become a habit. 
Movements for purer politics have also en- 
dorsed nominees of the regular parties instead 
of putting new and independent tickets in the 
field. 

Division between the adherents of the two 
great parties is fairly even in Chicago. Con- 
sequently reformers from the membership of 
both parties have united in a Municipal Voters' 
League (see), which, since 1896, has labored 
for righteousness by making public the votes 
of members of the city council. The League 
puts no ticket in the field, but endorses a list of 
nominees selected from the candidates put for- 
ward by all parties. 

San Francisco presents a complicated situa- 
tion. A city Labor party controls the union 
votes and is exceptionally strong. Civic re- 
formers also put a ticket in the field. Under 
the present California law, party names are 
not allowed on the ballots in city elections so 
that the apparent situation is that of com- 
pletely different parties in the city and the 
state. The distinction proves, however, to be 
superficial, and the real contest is usually on 
the same lines of cleavage as in the state at 
large. 

See Independent Movements in Politics; 
Reform Movements, Political; and under 
Party; Voters; Voting. 



References: C. A. Beard, Am. Government 
and Politics (1910), ch. xxx; J. Bryce, Am. 
Commonwealth (4th ed., 1910), I, ch. xlvi; J. 
Macy, Party Organization and Machinery 
(1912), ch. viii; A. C. McLaughlin, "Signifi- 
cance of Political Parties" in Atlantic Monthly, 
CI (1908), 145-156. State platforms are in 
some states printed as public documents. 

Jesse Macy. 

PARTISAN POLITICAL ORGANIZATIONS. 

See County Democracy; Political Clubs; 
Organization ; Tammany. 

PARTISAN RANGERS. A name given the 
members of an independent body of troops car- 
rying on guerilla warfare. Such troops were 
authorized by the Confederate Government and 
were especially numerous in the border states 
during the Civil War. O. C. H. 

PARTY CIRCLE. The most popular form of 
the Australian ballot, is the party column 
type. On this ballot the names of all the candi- 
dates of each party are grouped, candidates for 
the same office being on the same horizontal 
line in each column. At the head of the 
column stands the party circle, which may be 
identified by some party emblem as well as 
by the name printed above it. The Republican 
party usually displays an eagle; the Demo- 
cratic party, a game cock; and the National 
Progressive party, a moose's head; but the 
emblem varies in different states. Among mi- 
nor parties a greater variety usually appears. 
The printing of the party, circle furnishes a 
direct inducement toward voting a "straight 
ticket" (see) since one mark in this space 
votes the entire column. Though the amount 
of effort required for "scratching" varies great- 
ly it is always more than is needed for "voting 
straight." Mr. Allen has demonstrated in his 
article on "Ballot Laws" that more than twice, 
sometimes ten times, as much discrimination in 
voting is shown where "scratching" is easy 
as where it is more complicated and difficult 
than "voting straight." To the illiterate voter 
the party circle is indispensable. In Denver a 
burly Irishwoman once touched the woman in 
the next booth and whispered, "Oi am a Demo- 
crat. Do Oi put me mark roight on the 
rooster?" Before officially printed ballots were 
required, one favorite trick consisted in dis- 
tributing ballots of one party bearing the in- 
signia of the other at the top. Although this 
was usually a penal offense it continued to be 
committed in various forms up to the time 
when official ballots were required. See Bal- 
lot; Ballot, Short; Election System in 
the United States. References: P. L. Allen, 
"Ballot Laws and their Working" in Pol. Sci. 
Quart., XXI (1906), 38-58; C. A. Beard, Am. 
Government and Politics (1910), 678; P. S. 
Reinsch, Readings in Am. State Gov. (1911), 
364-372. J. M. 



622 



PARTY EXPENDITURES, PUBLICITY OF 



PARTY EXPENDITURES, PUBLICITY OF 



Need of Publicity. — A growing demand for 
publicity of campaign expenses has evoked 
much legislation on the finances of party com- 
mittees and candidates. This insistence has 
increased with the recognition of the great 
abuses which the system of party organization 
permits. Irresponsible party committees han- 
dle vast campaign funds that they have gath- 
ered in secret and may spend without account- 
ing to anyone. Occasional revelations of whole- 
sale bribery have roused public curiosity. In 
the election of 1896 this amassing of immense 
funds to be expended by the national Republi- 
can committee reached the high water mark. 
The amount that "Mark" Hanna (see IIaxxa, 
Maecus A.) controlled in that campaign is 
variously estimated at from six to sixteen mil- 
lions of dollars. The contrast with campaign 
funds of thirty years before forced itself upon 
public attention. From the politicians them- 
selves, also, a demand for publicity has come, 
as they have realized the crushing power of 
the system that the boss and the machine have 
developed. Parties have found it increasingly 
difficult to carry elections without being sub- 
sidized by large contributions from corpora- 
tions and individuals who looked on their gifts 
as business investments. Then, tod, the knowl- 
edge that money was available raised the de- 
mands of committees and party workers all 
along the line. More money for less work led 
to demoralizing waste of funds. In some dis- 
tricts the machine attempted to limit corrup- 
tion in self-defense. The chairmen of the 
county committees in Chemung county, New 
York drew up and signed an agreement, in 
1905, in which they pledged themselves to limit 
their election expenses to $40 for each district, 
to refrain from the purchase of votes, to unite 
in prosecuting election frauds and to pay a 
reward for the conviction of any person found 
violating the election laws. Similar compacts 
have been reported from other states. Some 
corporations have declared for publicity in 
order to relieve themselves from the exactions 
of party committees, who practically forced 
them to make large campaign contributions or 
suffer from hostile legislation. 

Legislation. — A discussion of many laws in- 
tended to regulate campaign expenditures is 
given in the article on Cobeupt Peactices 
Acts ( see) . Many of these acts contain sections 
which require publicity as to the sources and 
uses of money expended by both candidates 
and political committees. Thirty-five states 
have now (1911) such statutes ranging from 
the brief and incomplete law of Louisiana, 
which requires a statement filed by the candi- 
date and committees within thirty days after 
the primary or election, to the thoroughgoing 



laws of New York, Pennsylvania, Oregon and 
Wisconsin. Some of the most recent statutes 
require publication of financial statements at 
specified intervals before the primary or the 
election. Florida requires the candidate to 
publish a sworn itemized statement to date 
not later than ten days before the primary, 
( 1909 ) and a complete statement within ten 
days after, accompanied by a list of his political 
workers. Refusal to comply renders the can- 
didate liable to a fine, and his name will not 
be placed on the official ballot or presented to 
the legislature as a candidate for United States 
Senator. Nebraska demands not only that can- 
didates and political treasurers file expense 
accounts to be public for four years,, but also 
that fifteen days before the primary the politi- 
cal treasurer shall file a statement of campaign 
expenses and "thereafter make daily reports of 
all contributions over $25." Failure to comply 
or defacing of his accounts subjects the politi- 
cal treasurer to imprisonment for from two to 
six years. A few states recognize the im- 
portance of others than candidates and treas- 
urers, through whose hands funds may be col- 
lected or distributed and Indiana (1911) has 
adopted the English plan of requiring candi- 
dates to work through "political agents" in 
order to prevent the irresponsible distribution 
of campaign funds. South Dakota (1907) puts 
a check upon the political treasurer by the re- 
quirement that a secretary shall also be ap- 
pointed in each political committee. The secre- 
tary receives all contributions and turns them 
over to the treasurer who may expend them 
only on receipt of a voucher signed by the 
secretary. These vouchers become a part of 
the records which must be open to the public. 
In Oregon the accounts of candidates and 
political parties must be open to the inspection 
of opposing candidates or parties. 

National Elections. — Publicity of expendi- 
ture in national elections first became a promi- 
nent issue in the campaign of 1908. The Labor 
party had agitated for publicity in the cam- 
paigns of 1906 and had committed itself to 
publicity by publishing detailed financial re- 
ports of its political committees in the reports 
of the American Federation of Labor. This 
party financed itself by voluntary contributions 
and did not permit its candidates to make any 
contributions to campaign funds. In Decem- 
ber, 1907, the Democratic national committee 
resolved to favor a federal publicity bill. This 
action harmonized with the view of Mr. Bryan, 
the chief candidate for the Democratic nomina- 
tion. The following April, Secretary Taft, the 
leading candidate for Republican nomination, 
also expressed himself in favor of such a bill, 
but the national Republican convention voted 



623 



PAKTY FINANCE 



down the proposed publicity plank. There- 
after the national Democratic convention de- 
clared for publicity of political receipts and 
expenditures before as well as after the date 
of election. Democratic confidence in the prin- 
ciple was evinced by the voluntary publication 
of receipts during the progress of the campaign. 
This course of action won popular approval 
although it did not succeed in securing a ma- 
jority of votes. Mr. Taft also announced his 
intention of publishing a statement of expenses 
after the election under the law of New York. 

Publicity before Election. — The required pub- 
lication of expenses by candidates, committees 
and all others handling funds has been found 
to aid in purifying campaigns. That political 
campaign funds are public funds and thus 
rightly subject to legislative control is now 
generally accepted. The citizen, the law-abid- 
ing corporation, the officeholder and the can- 
didate are all protected by such control. The 
machine boss, the corrupting corporation or 
individual purchaser of influence or office, the 
irresponsible hired "worker" and the venal 
voter are the only ones who profit by the other 
system. If publication of campaign expenses 
a month or more after the election, when gen- 
eral interest has declined, is helpful, it would 
seem that the moral influence of immediate 
publication at intervals during the heat of the 
campaign would be even more effective. 

Congressional Enactment. — In 1910, Con- 
gress passed a publicity bill which required 
each political committee to file with the clerk 
of the House of Representatives, within thirty 
days after a national election, a complete 
financial statement of the receipts and expendi- 
tures. Political committees, according to the 
act, are the national committees and the na- 
tional congressional committees of all parties 
and "all committees, associations or organiza- 
tions which shall in two or more states influence 
elections or seek to influence elections at which 
Representatives in Congress are elected." 



The penalty for wilful violation of the pro- 
visions of this act is a fine of $1,000 or one 
year's imprisonment or both. In 1911 this act 
was so amended as to require preliminary 
statements of receipts and disbursements be- 
tween fifteen and ten days before the election 
and every six days thereafter during the cam- 
paign. The amendment further provides that 
senatorial and congressional candidates shall 
be required to make statements of their ex- 
penditures in like manner. These expenses 
shall not exceed $10,000 for a senatorial candi- 
date and $5,000 for a congressional candidate, 
exclusive of state fees, assessments, etc., and 
"necessary personal expenses." This applies 
to candidates before primaries, nominating 
conventions and legislatures as well to those 
in the regular election. But sinee the "neces- 
sary personal expenses" which are excluded 
from publication include traveling expenses, 
printing (except in newspapers), postage etc., 
and practically all the legitimate objects of 
expenditure, it promises to impose slight re- 
striction on the candidates. It lacks also a 
clause compelling the clerks of the houses to 
make public the reports of candidates filed 
with them. Committee reports were specified 
in the original bill as public documents open 
to inspection for fifteen months. 

See Corrupt Practices Acts; Party Fi- 
nance. 

References: P. Belmont, "Progress of Cam- 
paign Fund Publicity" in North Am. Review, 
CLXXXIX (1909), 35-42, "Publicity of Elec- 
tion Expenditures" in ibid, CLXXX (1905), 
166-185; Statutes at Large of U. 8., XXXVI, 
61 Cong. (1909-11), ch. 392; "Publicity of 
Election Contributions and Expenditures" in 
Sen. Docs., 60 Cong., 1 Sess., No. 337 (1908) ; 
Statutes of U. S., 62 Cong., 1 Sess. (1911), ch. 
33; Democratic Platform, 1908; R. C. Brooks, 
Corruption in Am. Politics and Life (1910), 
229-244; C. L. Jones, Readings on Parties and 
Elections (1912), 302-318. Jesse Macy. 



PARTY FINANCE 



Need of Funds. — In the two chief parties 
more persons serve on party committees, attend 
party conventions or hold some party office 
during a presidential campaign than are chos- 
en by popular election to fill all local, state and 
federal offices. The necessary and legitimate 
expenses of such organizations are large. Num- 
erous party officers, during the months of the 
campaign, devote their entire time to the serv- 
ice of the party. Many do this without pay 
and even meet their own personal expenses 
besides. There are, however, permanent paid 
secretaries and other party workers whose sal- 
aries are drawn from party funds. It is ac- 
counted legitimate to pay the expenses of can- 



vassers, of those looking after registration, and 
in some cases to employ public speakers, or 
at least to pay their expenses. To maintain 
party headquarters in the cities involves large 
outlay for rent and clerical service. The cost 
of halls for public meetings, of brass bands, 
processions, posters, the printing and circulat- 
ing of political literature, are all regarded as 
proper party expenditures. 

How Funds are Raised. — Party organiza- 
tions are supported, in the first place, by volun- 
tary contributions and the unpaid services of 
party members. This income is increased by 
gifts, often very large, from public-spirited 
men of wealth. In the case of third parties or 



624 



PARTY FINANCE 



a minority party the contributions from the 
rank and file of their adherents are the chief 
source of income. General Weaver, who was 
the candidate for the presidency on the ticket 
of the People's Party in 1892, met the expenses 
of his campaign by free contributions collected 
at public meetings. 

It is exceedingly difficult to maintain a clear 
line of distinction between proper and improper 
sources of party income. Those who give time 
and money without any hope of office or per- 
sonal reward of any kind are worthy of the 
highest commendation. But some apparently 
disinterested voters and supporters fall heir to 
fat appointments or business contracts with 
suspicious regularity. Party committees have 
always received special contributions from the 
candidates for offices. In some cases this is 
the chief source of income. The laws recognize 
both the legitimacy of this practice and its 
liability to abuse. Contributions from candi- 
dates beyond a specified sum are therefore made 
illegal (see Corrupt Practices). Candidates 
may contribute to party funds, but they may 
not purchase office. The dividing line, however, 
is not easily determined. Again, those holding 
appointive office or expecting appointments 
contribute to the party funds. Here also gen- 
erous and patriotic support of the party shades 
into the criminal purchase of office {see Brib- 
ery ; Corruption ) . While party committees 
are forbidden to levy assessments on federal 
office-holders, those officers may make volun- 
tary contributions (see Assessments for 
Party Purposes). The large gifts from the 
wealthy are likewise subject to the rule of 
gradual transition in motive from generous 
patriotism to insidious corruption. From the 
purest of motives men contribute large sums 
for the support of their party, yet rich men 
are usually engaged in business which is liable 
to be affected by acts of the government. One 
object of the party is to safeguard business in- 
terests which may be identical with the good 
of the state. With entirely good conscience 
business men seek to impress upon party lead- 
ers the value to the commonwealth of their own 
industrial enterprises. They support the party 
for the sake of their business and for the good 
of the state. But it is now notorious that the 
system has gradually worked evil. Since the 
Civil War a very large proportion of the 
wealth of the country has become concentrated 
in few hands through the improper use of 
governmental power. Promoters of corpora- 
tions, sometimes organized with the conscious 
purpose of fraud or robbery under govern- 
mental sanction or protection, may be liberal 
in supplying party committees with funds. 
They may contribute to both parties or to all 
parties capable of being used to further their 
ends, and their gifts must be regarded as cor- 
ruption funds. But, after all, questionable 
party contributions come not so much from, 
conscious criminals as from the lines of busi- 



ness in which there is a mixture of abuse with 
a real public service. A frank and open dona- 
tion to party expenses may be a thoroughly 
honorable act, while bribing a city council or 
a state legislature, or paying blackmail to an 
administrative officer, are all unquestionably 
dishonorable; yet in many cases the one is 
made a substitute for the other. The large 
cities furnish opportunities for securing party 
funds through means which are plainly crimi- 
nal. Such are the levying of blackmail upon 
legitimate business and the sale of the priv- 
ilege of committing crime in security. 

Irresponsible Committees.— Party finance is 
concerned not only with the raising of funds, 
but also with the spending of the money and 
the balancing of the books. Party committees 
handle the money and their proceedings are 
mainly shrouded in mystery. No records open 
to the public are kept; until required by recent 
legislation, committees have made no public 
reports; large amounts have been secretly col- 
lected and expended in unknown ways. The 
Republican national committee of 1896 had at 
its disposal a fund variously estimated at from 
six millions to sixteen millions of dollars, and 
it is known that much of this money came 
from business corporations. At that election 
the Republicans carried many doubtful states, 
and it has been stated that the scale was 
turned in several instances by the direct pur- 
chase of votes. 

For various reasons the public has come to 
know much more about the criminal raising 
and expenditure of party funds than about 
the legitimate side of party finance. The rela- 
tion of the city boss and the party machine 
to city crime was fully exposed by the Lexow 
committee in 1893 ; and similar exposures have 
been made in many cities since. Wholesale 
bribery has been often laid bare, and the gen- 
eral public has become aware that it is the 
practice of those debasing influences in our 
political life to deal with the party boss and 
the party committee rather than with the of- 
ficers of the government. It is becoming clear 
that the demoralization of party politics has 
to a great extent grown out of the fact that 
irresponsible committees in many cases handle 
large sums of money for which no account is 
rendered. 

Attempted Reforms. — Out of these condi- 
tions has arisen the demand for limitation of 
party contributions and publication of the re- 
ceipts and expenditures of the committees {see 
Party Expenditures, Publicity of ) . Vari- 
ous states have taken legislative action on this 
subject. The earlier laws required a statement 
of accounts to be filed by candidates and com- 
mittees after the election. This, however, has 
been found unsatisfactory. The national Dem- 
ocratic platform of 1908 arraigns the Republi- 
can party for its practice of receiving from 
corporations large sums of money wherewith 
to carry elections, under the expressed or im- 



625 



PARTY GOVERNMENT, COMPARATIVE 



plied agreement that fraudulent or illegal con- 
duct on the part of the companies should be 
permitted to continue. The platform then 
pledges the Democratic party to the enactment 
of a law to prevent corporations from contrib- 
uting to campaign funds, limiting donations 
from individuals and providing for the publica- 
tion of a financial statement before election. 
The Republican candidate accepted the chal- 
lenge of the Democratic platform and filed a 
statement of contributions and expenditures as 
required by the New York state law. Congress 
has since passed a law in harmony with the 
pledges of that Democratic platform. 

But the cutting off of large gifts from the 
corporations and rich individuals by no means 
corrects all the evils that have grown up under 
the previous system of party finance. The rank 
and file of party members have lost the habit 
of contributing to the support of the party, 
having become trained in the notion that a 
ruling party exists to bestow personal favors 
rather than to receive support from its mem- 
bers. The partial reforms that have been in- 
augurated also serve to increase the exactions 
from candidates and force honesty and small 
means out of political office. The primary elec- 
tion laws, for example, require a considerable 
outlay of money to secure the required peti- 
tions. The injustice of placing such burdens 
upon the candidate has been recognized and it 
has been proposed to pay the necessary party 
expenses out of state funds. This is one more 
step in the direction of incorporating officers 
of the party into the body of government of- 



ficials. When this has been fully done party 
finance will have become an item in public 
finance. Colorado has taken a long step on 
this road by arranging to pay the state com- 
mittee of each party twenty-five cents for each 
vote cast by that party for governor in the last 
preceding election and forbidding all other 
contributions except from the candidates. 

See Assessments for Party Purposes ; Cor- 
rupt Practices Act; Corruption, Political; 
Lobby; Party Expenditures, Publicity of; 
Party, Place and Significance of; Spoils 
System. 

References: J. A. Woodburn, Pol. Parties 
and Party Problems (1903), chs. xvii, xviii; J. 
Macy, Party Organization and Machinery 
(1912), ch. xvii; H. J. Ford, Rise and Groivth 
of Am. Politics (1898), 313-320;. P. S. Reinsch, 
Am. Legislatures (1907), ch. viii; J. Bryce, 
Am. Commonwealth (4th ed., 1910), chs. lxiii, 
lxvii; J. G. Speed, "How Votes Are Bought in 
New York City" in Harper's Weekly, XLIX 
(1905), 386-388, "How Votes are Bought 
in New York State" in ibid, 422-429; R. C. 
Brooks, Corruption in Am. Politics and Am. 
Life (1910) ; L. E. Aylsworth, "Corrupt Prac- 
tices" in Am. Pol. Sci. Rev., Ill, 1909, 50-56; 
J. W. Jenks, "Money in Practical Politics" in 
Century, XLIV (1892), 940-5; C. A. Beard, 
Readings in Am. Government and Politics 
(1911), 572-577; C. L. Jones, Readings on 
Parties and Elections (1912), 306-18; C. A. 
Beard and B. E. Shultz, Documents on Initia- 
tive, Referendum and Recall (1912). 

Jesse Macy. 



PARTY GOVERNMENT, COMPARATIVE 



The Dual System. — Although political 
parties exist wherever the people are recog- 
nized as a source of authority or influence, only 
in Anglo-Saxon states do political parties, as 
definitely recognized corporate bodies, assume 
the responsibilities of government. In England 
and her self-governing colonies and in the Unit- 
ed States parties govern. These states are 
under the dual party system, i. e., two parties 
compete with each other for the control of 
the government. If other parties exist they 
have no share in the government except as they 
influence one or the other of the governing 
parties. In all other constitutional states 
parties simply influence government in the 
interest of special policies or special classes. 
The parties may be numerous, and government 
may be under the control of a temporary group 
or coalition of parties; but no party governs as 
such. 

English Type. — England and the United 
States represent two distinct forms of party 
government. Of these the English type is by 
far the more simple and complete. The British 



Parliament is the sole agency for the exercise 
of supreme political power and the House of 
Commons controls the Parliament. "The party 
in power" is the one that has for the time 
being the majority in the House of Commons. 
Its leaders in the two Houses compose the 
Cabinet, each member of which fills an impor- 
tant administrative office. Thus the party in 
power through its Cabinet is responsible to the 
people for the administration of the Govern- 
ment as well as for its legislative policy. The 
Cabinet, supported by its majority in the House 
of Commons, is in fact as well as in name 
the Government. But the Cabinet as the organ 
of the party in power, or office, is compelled 
to transact official business under the eyes of 
a corresponding body of party leaders belong- 
ing to the Opposition (see) who will themselves 
form a Cabinet so soon as they can win a 
majority in the House of Commons. It is the 
business of the opposition to expose the weak 
points of the party in power and to present a 
more attractive policy to the voters. If, under 
the criticism of the minority, the Government 



626 



PARTY GOVERNMENT, COMPARATIVE 



loses its majority in the Commons, Parlia- 
ment is dissolved and the voters decide which 
Cahinet they prefer. The chief interest of the 
citizen is not in the member from his district, 
but in the Cabinet. He votes for a Liberal or 
for a Conservative member as a means of ex- 
pressing his choice of a party. 

The leading statesmen of each party who 
will take office when their party wins the 
election constitute a self-appointed party com- 
mittee. They do not represent, for they are, 
the party organization. So complete is their 
control in the party that there can be no com- 
peting organs. Neither caucuses, nor conven- 
tions, nor clubs, nor party committees pretend 
to exercise party authority, since they are sub- 
ordinate agents of the leaders of Cabinet rank. 
Public opinion profoundly influences the Cabi- 
net by objecting to specific policies proposed 
or adopted, and the voters exercise authority 
by defeating or threatening to defeat the party 
at the polls. Cabinet government, then, is 
direct .party government, the government itself 
being the organized party. 

American Type. — In the United States, as in 
England, the two political parties strive for 
control of the government. Government in this 
country, however, means not a Cabinet exer- 
cising supreme power, but a great number of 
officers of various ranks exercising limited 
power. The President of the United States is 
nominated and elected by a political party for 
the fulfilment of whose pledges he is held re- 
sponsible to the extent of his ability. The 
President's power over administrative and ex- 
ecutive policies is complete. For his share in 
legislation, too, he is held responsible to the 
party. The members of the two houses of Con- 
gress are also nominated and elected by the 
parties, and the members of the majority, like 
the President, are held responsible for giving 
effect to party promises. The minority in each 
house assume, on behalf of their party, the 
duty of critics and censors of the government. 
When the President, the Senate and the House 
of Representatives are all controlled by one 
political party, that party becomes fully re- 
sponsible for both legislative and executive 
policies. Much of the time, however, the party 
which has failed to elect a President controls 
one and sometimes both of the houses of Con- 
gress. This creates a condition of partially 
suspended party responsibility, although the 
party having the President is in nominal con- 
trol. It is called the party in power, even 
though both houses may have a majority from 
the opposite party and be, therefore, in com- 
mand of legislative action. 

But party government does not end with the 
President and Congress. The same parties con- 
tend for the control of each of the states. The 
governor and half a dozen other executive state 
officers and the members of the state legisla- 
ture are nominated and elected by the parties. 
Usually the same party controls the entire 



state government. The states are subdivided 
into counties, towns, cities, wards and pre- 
cincts, in all of which the custom generally 
prevails of using the party machinery in the 
election of local officers. Against this practice 
of using party organizations in local, especially 
in city, elections a strong sentiment has grown 
up. Local needs are by nature non-partisan 
and the practical questions affecting town or 
city are often confused by the injection of 
national political issues into a local contest. 
Moreover, men elected on non-partisan tickets 
are considered freer to devote themselves to 
the good of the city regardless of the bearing 
their action may have upon general politics. 

Contrast between the Two Types. — The con- 
trast between party rule in England and in the 
United States is very striking. Since the Brit- 
ish Cabinet is itself the only authoritative 
party organization, everything which the Gov- 
ernment does, every measure proposed by a 
Cabinet minister, is an official act of the party. 
The Cabinet is the national party convention 
which never adjourns. While Parliament is 
in session the two national conventions face 
each other in the House of Commons. One 
party is always governing, the other is always 
presenting a rival policy. The American situa- 
tion is more complex. The President of the 
United States is not the party in power, but 
is in a sense a subordinate agent of the party; 
the two houses of Congress are also separate, 
subordinate agents, pledged to fulfill those por- 
tions of the party promises that pertain to 
them. The supreme authority is the national 
convention, meeting every four years. The 
convention adopts the party platform and 
chooses the party candidates, while a commit- 
tee of the convention issues a party textbook 
for the instruction of voters. Two years later, 
when members of the lower house only are to 
be elected, the party guide is prepared by a 
party committee. In the states and in local 
areas, official party utterance is through cau- 
cuses, conventions, party candidates and com- 
mittees. The party has a distinct, permanent 
organization of its own by means of which it 
formulates and expresses party opinion and 
lays down rules for the guidance of those pub- 
lic officers of every grade whom it elects. 

See Cabinet System; Congress; Congres- 
sional Government; Convention, Political; 
Party Government in Great Britain; Party 
Organization in Legislative Bodies; Party, 
Place and Significance of; Prime Minister. 

References: J. Bryce, Am. Commonioealtli, 
(4th ed., 1910), II, ch., lix; A. L. Lowell, 
Government of England (1908), I, chs. xxiv, 
xxv ; A. L. Lowell, Governments and Parties in 
Continental Europe (1896), I, ch. ii, II, ch. 
xiii; W. Wilson, The State (ed., 1909), chs. x, 
xi; J. Macy, Party Organization and Machin- 
ery (1912), chs. ii, iii; M. Ostrogorski, De- 
mocracy and Party System (1910), 130, 160- 
166, 175, 191 Jesse Macy. 



627 



PARTY GOVERNMENT IN GREAT BRITAIN 



PARTY GOVERNMENT IN GREAT BRITAIN 



Origin. — Government by party — the system 
under which the party supported by a ma- 
jority in the House of Commons is in control 
of the administration, and also of legislation — 
dates only from the Eevolution of 1688. The 
germ of the party system first manifested it- 
self in the Parliament at Oxford in 1625. At 
least as early as 1670 political parties known 
as Whigs and Tories were in existence. These 
political divisions became more marked at 
the Revolution. With the development of Cabi- 
net administration in the reign of William III, 
party lines became permanent; and there is 
testimony by Burnet that by 1708 the system 
of government by party had extended into mu- 
nicipal life. There were, in the reign of Queen 
Anne, no questions of municipal administration 
— no matters touching the everyday economy 
of towns and cities — to which the principles of 
either Whigs or Tories were applicable. In 
many of the boroughs, however, members of 
the House of Commons were elected not by the 
inhabitants at large but by the municipal coun- 
cils, and in many other boroughs the control 
of mayoralty or the power of making freemen 
carried the control of parliamentary elections. 
Men of the territorial class — men who seldom 
lived in the towns or cities — were at this period 
active in municipal politics with a view to the 
parliamentary elections; and Burnet's testi- 
mony that, in 1708, Whig and Tory mayors were 
elected, and that "in every corner of the na- 
tion the two parties stand as it were listed 
against each other," is proof of how quickly 
and generally the system of government by 
party, established at the Eevolution, was ac- 
cepted by the country at large. 

No Legal Recognition. — There has never been 
a law recognizing the party system. Whigs 
and Tories, Liberals, Conservatives, Radicals 
and Socialists, are unknown to the constitution 
and to the Journals of Parliament. Admin- 
istrations had been made and unmade by the 
party system, and speakers of the House of 
Commons had been elected on party lines long 
before there was a single entry in the Journals 
which directly or indirectly indicated the ex- 
istence of opposing parties in Parliament. 
There is only one entry in the eighteenth cen- 
tury that suggests party lines or party or- 
ganization. It occurs in 1743 when there was 
an unsuccessful attempt to prohibit members 
from pairing. To have prohibited pairing 
would have made an inroad on the power of 
the whips, or as these party officials were 
known in the eighteenth century "the whippers- 
in." It would have impaired the organization 
of parties in the House. Especially would it 
have weakened the organization of the party 
that was in power; and by a vote of what was 



for the eighteenth century a full House, the 
resolution to prohibit pairing was negatived 
by a majority of forty-two. It can be inferred 
from the structural arrangement of the old 
chapel of St. Stephen's in which the Commons 
held their sessions from the reign of Edward 
VI to 1835 — a rectangular chamber, similar in 
arrangement to the present chamber at West- 
minister — that soon after government by party 
was established, members of the Cabinet and 
ministry and members supporting them sat as 
they do now to the right of the Speaker's chair, 
with members of the Opposition (see) seated to 
the speaker's left. The fact that seats to the 
right of the speaker were from early times set 
apart for members of the Privy Council — for 
what are nowadays members of the Cabinet — 
warrants this inference; but there is no proof 
of an earlier date than 1740 that government 
by party had introduced the now long-estab- 
lished grouping of parties within the House 
of Commons. 

Whips. — Party whips (see) are a little older 
than government by Cabinet. They were issued 
during the convention Parliament of 1688. 
With the establishment of the Cabinet, whips 
issued to supporters of the Government became 
known as treasury notes, from the fact that 
they were sent out by the patronage secretary 
of the treasury — an office known in more mod- 
ern times as parliamentary secretary to the 
treasury. 

Control by Party Majority in Commons. — 
For over two centuries government by party 
in England has been accepted as inevitable, and 
the constitution and the representative system 
has been moulded to it. The loss of a ma- 
jority in the House of Commons or defeat in a 
general election makes an end to an admin- 
istration, and it is taken as a matter of course 
that the new administration shall be formed 
from the party that obtains majority. All the 
members of the administration go out of of- 
fice with its defeat; and the usual procedure is 
for the king to call upon the leader of the suc- 
cessful party to accept the office of premier 
(see Prime Minister) and to form a new ad- 
ministration. If an administration comes into 
power after a general election, there is a re- 
organization of the House of Commons ; but the 
only important offices to which the holders 
must be elected by the House are the speaker- 
ship and the deputy-speakership and chairman- 
ship of committees. Since 1835 the speakership 
has been a non-partisan office — an office whose 
occupant must take no share in party politics 
either in or out of the House of Commons; and 
since that time also, unless a speaker desires to 
retire from the chair, it has been the rule that 
he shall be reelected on the assembling of a 



628 



PARTY LABELS— PARTY LEADERSHIP 



• new Parliament irrespective of any change in 
the standing of parties in the House. If a new 
speaker is to be elected, he is chosen from the 
party in the majority and the choice of a 
speaker is determined by the administration. 
The chairmanship of committees is not a con- 
tinuing office like that of the speaker. Its 
holder is the nominee of the Cabinet, and is 
not bound by the usage that decrees that the 
speaker shall be strictly non-partisan. On 
committees the majority in the House is rep- 
resented by a majority. 

Civil Service. — The civil service has been con- 
trolled by a board since 1855. Appointment by 
examination and promotion by seniority have 
long been its characteristics. There are, how-, 
ever, quite a number of what in the United 
States woud be described as non-classified of- 
fices. In appointments to these political in- 
fluence is a factor. Many of them go to Lib- 
erals when a Liberal Government is in office, 
and to Conservatives when a Conservative Gov- 
ernment is in power. Judges are also drawn 
from lawyers who are supporters of the Gov- 
ernment in or out of Parliament. The dignity 
of king's counsel is as a rule similarly be- 
stowed on barristers; and except in the case 
of military and naval commanders, distin- 
guished civilians, and men distinguished in 
science, literature or art, knighthoods, baronet- 
cies and peerages go only to men who are sup- 
porters of the Government in power. Offices 
and honors for party services are bestowed us- 
ually at the instance of the parliamentary 
secretary to the treasury — the erstwhile pat- 
ronage secretary — who is the chief Government 
whip, and who with the aid of the junior lords 
of the treasury is responsible for keeping a 
House when Government business is the order 
of the day, and also for bringing members in 
for divisions. 

Government of the Party. — Party organiza- 
tion in the constituencies is not nearly as wide- 
spread, as inclusive or as perfect as it is 
in the United States. It scarcely existed in 
England until the second extension of the fran- 
chise in 1867, and there is, as yet, no organiza- 
tion of the Conservative or Liberal party that 
corresponds to the national committee of the 
Republican or the Democratic party. Each 
party has a central committee in London which 
is in touch with the local organizations in the 
constituencies, and it is through the central 
committees in London that the chief whips of 
both parties assist the constituencies in the 
selection of Parliamentary candidates when 
local candidates are not available. 

Four political parties are now recognized as 
entitled to a whips' room in the precincts of 
the House of Commons — Liberal, Conservative, 
Irish Nationalist, and Labor parties. This 
recognition is in itself an admission that the 
group system has been established. The group 
system had its beginnings in the Parliament 
of 1784-1880 when the Nationalists organized 



as a separate group, and first took up their 
permanent position on the opposition benches. 
The Labor party in its present day form had 
its beginnings in the Parliament of 1900-1905. 
Until 1874 there were only two parties — 
Liberal and Conservative; and when the 
Liberals were in power they were so maintained 
without any aid from outside their own ranks. 
Four times since the extension of the franchise 
in 1885, the Liberals have been able to obtain 
and hold office only by the support of groups 
with independent organizations. They were .in 
power in the Parliaments of 1885-86 and 1892- 
95 by the aid of the Nationalists. They had a 
majority independent of both Nationalists and 
the Labor party in the Parliament of 1906-10. 
After the two general elections of 1910 — the 
elections in which the budget of 1909 and the 
veto of the House of Lords were the issues — 
they were in power only by the support of the 
Nationalists and the Labor party. 

See Cabinet Government; Conservative 
Party; House of Commons; Legislation, 
British System of; Liberals; Nominations 
in Great Britain; Prime Minister. 

References: A. L. Lowell, Government of 
England (1900), II, 1-128; E. Porritt, Uni- 
formed House of Commons (1903), I, 445-488, 
506-510. Edward Porritt. 

PARTY LABELS. The official emblem of a 
political party placed at the head of the party 
column on the Australian ballot to facilitate 
the voting of the straight party ticket by the 
illiterate voter. In some states the use of the 
party emblem on the ballot is forbidden by law. 
See Ballot; Party Circle. O. C. H. 

PARTY LEADERSHIP. England and Amer- 
ica. — The state as an institution furnishes a 
means of harmonizing conflicting individual 
and class interests. It may accomplish this 
end through various instruments, but the state 
ruled by political parties acts through party 
organization and party conflict. Two parties, 
normally nearly equal in numbers and coexten- 
sive with the state, strive for control of the 
government. Their hope is to compose differ- 
ences among their own numbers and to act as 
a unit against their opponents. Their chief aim 
is so to formulate and present political issues 
as to carry the election. The party leader 
is occupied with both of these functions, har- 
monizing the party and fighting its battles. 
In England, under the Cabinet (see) system 
party leadership in both lines of activity is 
identical with practical statesmanship. Usual- 
ly the most capable statesman in the party 
wins the highest place by actually leading. 
He excels all others in harmonizing his party 
and in projecting government policies. The 
prime minister (see) and his associates lead 
their party by actually governing, and they 
hold their position only so long as they con- 
tinue to lead in fact as well as in name. 



629 



PARTY LEADERSHIP 



The American party system presents a dif- 
ferent problem. The party is itself a vast 
organization coextensive with the state but 
separate from the government. Party leader- 
ship cannot be identified with statemanship, 
for their relationship is of necessity accidental. 
A leader may render conspicuous service as a 
guide to public opinion but fail as a practical 
statesman; he may be eminent as a statesman 
and fail utterly as a popular leader. Both the 
party and the government involve an infinite 
detail of separate, disconnected functions so 
related that leadership is obscured; the case 
is exceptional where both evince unquestioned, 
clearly defined,' personal leadership. 

Leadership and Statesmanship. — The presi- 
dency is more closely related to party leader- 
ship than any other office, since the election of 
a President has furnished the occasion for 
creating and maintaining the vast machinery 
of the two parties. Presidents, however, have 
not usually been first nominated because of 
their previous prominence either as party lead- 
ers or as statesmen. After nomination and 
during the brief campaign, the presidential 
candidate is the official leader of his party. If 
elected, he becomes its official representative 
during his term of office. Whether in any per- 
sonal sense he leads it depends upon his char- 
acter and his relations to other leading per- 
sons and forces in the party and in the nation. 

The two houses of Congress furnish the only 
official competitors with the President for party 
leadership. Members of Congress may be ad- 
junct leaders or they may oppose the President 
as representatives of a strong faction within 
the party. For a brief time during Andrew 
Johnson's administration Congress did actually 
lead and it became the official means of de- 
veloping party policy, enforcing its will against 
the President even in administrative matters. 
Thaddeus Stephens {see) as chairman for the 
House on the famous Joint Committee on Re- 
construction wielded this power. At times, also, 
the Speaker of the House of Representatives 
has been as conspicuous as a personal party 
leader as the President. Speaker Reed proba- 
bly wielded more influence over his party than 
did President Harrison, and Speaker Cannon 
later became for a time the virtual head of 
the organization. By gaining control of the 
House, the Speaker has acquired a veto power 
greater than that of the President and has 
dictated policies in the name of the party. 
Under the new rules, however, much of the 
personal power of the Speaker over legislation 
has been removed, and it is only at exceptional 
times that his influence has become dominant 
under any system. The Senate, also, through 
its control over appointment, and especially 
through the influence of individual Senators 
over the state party organizations, has, at 
times, been conspicuous in party leadership. A 
group of four or five men controlled the Senate 
in Grant's administration, and the Senators 



from Massachusetts, New York and Pennsyl- 
vania have habitually exerted nation-wide in- 
fluence over their party. But recent tendencies 
point in the direction of more conspicuous and 
constant presidential leadership. 

Nevertheless, so long as the executive and 
legislative departments are separated, and so 
long as official party utterance is lodged in a 
convention, statesmanship and leadership can 
with difficulty be identified. A leader may 
arise who, as governor of a state or as Presi- 
dent of the United States, may so present his 
policies of government to his party as to 
secure their adoption. Such a leader inevitably 
comes into sharp conflict with another type of 
party leader who is accustomed to control the 
government by manipulation of the party ma- 
chine. In the system at its best, entirely apart 
from corruption of any sort, the party tends 
to detract from personal statesmanlike leader- 
ship. The question always arises, how far 
the statesman ought to rely upon the party 
machine. If he goes far enough and comes to 
rely upon the prevailing methods of secret 
manipulation of caucuses he may, indeed, iden- 
tify party and government, but in the process 
he may cease to be a statesman. Where states- 
manship is thrown aside the boss governs by 
means of the party machine. Probably Presi- 
dent Roosevelt came as near to controlling the 
party machine and leading the party as any 
President has done. 

Leadership of a high type is even more dif- 
ficult of attainment in the party of the minor- 
ity in a country where the executive office is 
exalted so far above the legislative. A leader 
out of office can exert his influence only by way 
of destructive effort and criticism. Even if he 
goes to Congress he has no real opportunity to 
show his ability. 

The New Leadership. — The modern idea that 
leadership may be identified with real states- 
manship has been suggested in a number of 
states. La Follette in Wisconsin, Cummins in 
Iowa, Hughes in New York and Wilson in New 
Jersey, to mention only a few, have so success- 
fully combined the two conflicting demands 
upon a party leader as to foreshadow an ulti- 
mate complete fusion of the leader and the 
statesman. In each of these instances the 
change has been accompanied by a weakening 
of party government and an effort on the part 
of the governor to establish the direct primary. 
Should a similar development follow in the 
presidential leadership it would be only 
through a relaxed grip of the typical machine. 

See Boss; Candidate; Machine; Nomina- 
tion of President; Organization; Party 
Government, Comparative; Party Organiza- 
tion in Massachusetts; Party Organiza- 
tion in Pennsylvania; Party, Place and 
Significance of. 

References: J. A. Woodburn, Pol. Parties 
and Party Problems (1903), ch xvi, 232; J. 
Macy, Party Organization and Machinery 



630 



PAETY ORGANIZATION IN CALIFORNIA 



(1912), chs. iii, iv; C. A. Beard, Am. Govern- 
ment and Politics (1910), 205-207; J. Bryce, 
Am. Commonwealth (4th ed., 1910), I, eh. viiij 
M. Ostrogorski, Democracy and Party System 
(1910), 387-391; A. L. Lowell, Government of 
England (1908), I, 456, II, 86-100; H. J. 
Ford, Rise and Growth of Am. Politics (1898), 
cli. xxii. Jesse Macy. 

PARTY ORGANIZATION IN CALIFORNIA. 

Development of Railroad Control. — California 
is notorious as a state that was dominated by a 
railroad. The entire organization of business 
and politics within the state was vitally influ- 
enced where it was not actually controlled by 
the great Southern Pacific corporation. In a 
thousand ways state and municipal officers, 
especially in San Francisco, the financial capi- 
tal of the coast, came under its power. 

The supreme position of the railroad and its 
allied corporations is the outgrowth of Cali- 
fornia's peculiar history. In the early isola- 
tion of the state the Central Pacific Railroad 
furnished the one connecting link between the 
rude mining camps and civilization beyond the 
mountains and the desert. The men who owned 
the railroad and consequently held the strategic 
point in all business operations also organized 
the Republican party and operated the state 
government. Leland Stanford became gover- 
nor of California the year after he had helped 
to organize the Central Pacific Railroad. Two 
years later another member of the company 
withdrew from the corporation in order to be 
appointed to the supreme court of the state, 
and after his retirement from the bencli he 
became counsel for the Central Pacific. Thus 
from the outset railroad interests and state 
politics were closely intertwined. 

California and Pennsylvania. — As inevitably 
as in Pennsylvania, where business men became 
politicians, corporation methods were carried 
over to political organization. A machine of 
the efficient one-man type developed, using 
committees rather than conventions as the real 
governing bodies of the party. One striking 
difference, however, does exist between Pennsyl- 
vania and California. In the former state the 
Republican machine based on corporate forms 
has become so strong that other corporations 
as well as the public at large are subject to 
its control and dictation. In the latter, the 
political machine became subordinated to 
the interests of the leading corporation. Con- 
sequently a much more close and vital relation- 
ship between railroad business and all other 
interests and politics was here to be observed. 
The political department of the Southern Pacif- 
ic Railroad (successor to the Central Pacific) 
dictated to the Republican state machine and 
also, as in other machine-dominated states, 
ruled their opponents. In the cities, notably 
in San Francisco, other interests appeared to be 
influential, but a study of their management 
almost always revealed railroad control. 



No peculiarities in the form of local organi- 
zation appeared. County home rule in many 
matters, and county committees emphasized the 
larger local unit. At the head of the usual 
hierarchy of district committees stood the 
state boss. The really remarkable fact about 
the machine was that the boss was not a Sena- 
tor, not even an officeholder. The Senators of 
California did not lead their party. Real par- 
ty leadership was the perquisite of the railroad 
and centered in the person of the chief legal 
adviser of the Southern Pacific. When the ma- 
chine was running perfectly, he selected Sena- 
tors, Congressmen, governors and judges and 
the three railroad commissioners. 

Revolt. — But it is not to be supposed that 
so perfect a machine as that of California 
could be developed without the knowledge and 
opposition of many citizens. The first revolt 
against growing railroad power was headed by 
Dennis Kearney, a labor agitator in San Fran- 
cisco {see California). His Sand Lot meet- 
ings and other demonstrations gathered many 
working men to his support. In the state at 
large the Granger (sec) movement had spread 
among the farmers. These two elements united 
in the effort which in 1879 secured a new state 
constitution. One aim of the constitutional 
convention was to remove the railroad from 
politics. This object, however, could scarcely 
be secured by constitutional enactment, and 
the railroad legislature which followed the con- 
vention contrived to minimize the effect of the 
prejudicial articles. 

The makers of the new constitution expected 
much from the services of a railroad commis- 
sion of three members to be elected by districts. 
The railroad, however, has seldom been serious- 
ly menaced by any action of the commission. 
Even the men elected on antirailroad pledges 
have not always remained true to the people. 
The courts, too, have at times given color to 
charges of prejudice which have been freely 
brought against them. The new constitution, 
intended to protect the people from the rail- 
road, has been interpreted to nullify later leg- 
islation against the road and in favor of the 
interest of the people. Union labor, strong in 
all the cities, has, in San Francisco, maintained 
a city party of importance, but even this party 
has been more than once sold out to the road. 

Recent Conditions. — The inevitable result of 
the machine rule was to reduce real party life to 
the lowest terms and to destroy the entire party 
system. When the organizations of all parties 
have become merely the political machine of 
one corporation, no weapon is left to the voter. 
Sporadic efforts at establishing new parties 
fail because of the overwhelming power of the 
perfected machine. The latest revolt, the one 
which promises most to the individual freedom 
of the voter, originated in a gradual growth of 
public opinion within the party and a de- 
termination to capture for purer politics the 
very machine which has prevented independent 



631 



PARTY ORGANIZATION IN LEGISLATIVE BODIES 



growth. This revolt acquired a statewide or- 
ganization in the Lincoln-Roosevelt Republican 
League. The league like the "regular" organi- 
zation had its state committee made up of mem- 
bers from the eight congressional districts, its 
local clubs and committees and other organiza- 
tions. Its representatives controlled the state 
legislature in 1911 and 1913 and passed many 
reform laws. Unquestionably the sweeping 
state-wide primary law, especially since its 
amendment, has helped to emancipate the voter. 
The elimination of the party column from the 
ballot, the direct election of United States 
Senators, and the shortening of the state 



ticket, are all expected to encourage intel- 
ligent and independent voting. The long 
tyranny did at length seem to arouse an 
equally determined resistance to unjust poli- 
tical domination. A sincere political reform 
promises well for the future of California. 

See Boss; Committees, Pakty; Machine; 
Organization; Party Finance; Parties, 
State and Local. 

References: J. Bryce, Am. Commonwealth, 
(4th ed., 1910), II, ch. xc; E. C. Meyer, Nomi- 
nating Systems (1902), 193-204; F. Hichborn, 
Story of the California Legislature of 1009 
(1909). Jesse Macy. 



PARTY ORGANIZATION IN LEGISLATIVE BODIES 



Different Types. — Party government is often 
called government by discussion. In a state 
thus ruled the legislature becomes the arena 
where party disputes are fought out and poli- 
cies of state determined. The different types 
of free government, however, furnish striking 
contrasts as to the rules and conduct of these 
struggles. 

England. — In England, where the most per- 
fect example of the cabinet type of government 
is found, legislation and administration are 
united in the same hands, political control is 
centered in the lower house where the battle 
rages. The House of Commons (see) is the 
one effective organization of the party and 
of the Government. The Cabinet ( see ) , made 
up largely of members from the Commons and 
responsible to it alone, is both the party com- 
mittee and the Government. Through the House 
of Commons the prime minister {see) appeals 
in the name of the party to the voting con- 
stituency which is the final source of power. 
As the American is consciously voting for a 
President when he casts his ballot for the presi- 
dential electors of his state, so the Englishman 
is choosing a prime minister and a Cabinet 
when he votes for the party member in his 
district. The voters bring in a new Cabinet by 
shifting the majority in the House from one 
party to the other (see Cabinet Government 
in England). In the hands of this Cabinet 
both legislative and executive power remains 
until the next general election or until the 
prime minister resigns. So long as a safe ma- 
jority for the Government is returned, the same 
prime minister and Cabinet will continue to 
govern. Cabinet members are the best states- 
men of the party and represent its various 
elements. They form a kind of self-appointed 
party committee which assumes, also, the re- 
sponsibility of the state. Outside of the Cabi- 
net are some half dozen other members of the 
ministry, men of conspicuous ability who are 
in line for promotion but have not yet reached 
Cabinet rank. 



The leaders of the party out of power and 
their supporters also sit in Parliament and 
devote themselves to criticising the Govern- 
ment and discrediting its policy. They stand 
ready at the first sign of weakening to push 
their cause, and when the Government is forced 
to resign they will form a new Cabinet equally 
well equipped with the necessary knowledge 
and experience of government. "His Majesty's 
Opposition" (see Opposition) is as essential 
to the perfect working of the parliamentary 
system as is the Cabinet itself. The very ar- 
rangement of the House recognizes the es- 
sential dual party nature of this government. 
At the right of the speaker sit the members of 
Cabinet rank belonging to the House, on the 
Government bench, with the rest of the party 
members behind and on their right. Directly 
across the table, sit the leaders of the Opposi- 
tion, the "shadow cabinet," with their support- 
ers, ready to assume the weight of government 
whenever the people may call. The House of 
Commons in session is a joint meeting of the two 
great parties in which one party governs under 
the constant criticism of expert opponents. The 
king's speech, read at the opening of Parlia- 
ment, is really the party platform of the Govern- 
ment against which the competing policy of the 
opposition is directed as a counter platform. 
These platforms are not formal documents, but, 
like many English political forms, are con- 
stantly being altered and amended. They are 
not separate from the daily policy and purpose 
of the party, which must either fulfil its prom- 
ises or be discredited before the voters. The 
public follows eagerly the debates on leading 
party issues. Every utterance of a Cabinet 
member carries the weight of an official party 
declaration (for the Cabinet must be united in 
all its outward acts; otherwise party disaster 
would at once follow). 

Conduct of Business. — Under the cabinet 
system all important bills of a public nature 
are introduced by the Cabinet, and are sup- 
ported by a united ministry. On the floor of 



632 



PARTY ORGANIZATION IN LEGISLATIVE BODIES 



each house each party recognizes its official 
leader of debate. The prime minister holds this 
position for the Government and the aspirant 
for that office leads the Opposition. Their 
words have peculiar weight as expressing the 
policy of the party. These positions of influ- 
ence are won by successful statemanship which 
the party is bound to recognize. Continuous 
competition within the party keeps every 
statesman struggling to maintain his influence 
and to increase it by formulating acceptable 
policies and securing support for them from 
the voters. The English Cabinet and the 
"shadow cabinet" are not outside of the party 
organization of the legislative body as are 
the President and his Cabinet in America; 
they are the organization. The leaders are 
assisted in the control of their parties by 
party whips (see) who do not take part in 
debate, but whose services are invaluable, since 
they must keep party members informed of 
important divisions and compel their attend- 
ance when necessary. The whip also keeps the 
leaders informed as to any change of senti- 
ment among party members and tries to hold 
wavering supporters in line. Whenever a 
strictly party division is taken the whips act 
as tellers. 

As Mr. Lowell has shown in his careful 
study of party voting, the tendency in Parlia- 
ment is toward more strict division on party 
lines while the sense of party pressure seems 
not to increase. The reason is found in the 
necessity of party voting under the present 
parliamentary system, since the tendency of 
democracy is to fix its eye only on the broad 
general issues that every voter can appreciate. 

United States. — The separation of executive 
from legislative offices in the United States 
produces a radical difference in the relation- 
ship between the party and the legislative bod- 
ies. Fully one half of party interest centers 
in the President or the governor while the 
other half is divided between the two branches 
of the legislature. The President is more like- 
ly to be recognized as the leader of his party 
than is anyone else. The tendency is for him 
to exercise more and more control over legisla- 
tion through his right to recommend legisla- 
tion (Const. Art. II, Sec. iii). He may turn 
the whole force of the party strength to the 
support of his legislative policy by using the 
patronage to influence members of Congress, 
and he may formulate bills upon subjects of 
great popular interest and appeal to public 
opinion for approval of his measures. Al- 
though such action is criticised as an encroach- 
ment on the independent powers of the legis- 
lature, it is defended as the best practical 
means of securing united party action for the 
fulfillment of party pledges. The legislative 
•caucus (see), either for one house or both 
together, furnishes a means of reaching a party 
decision, but it is not always satisfactory since 
it is too elaborate to be frequently resorted to 



and is liable to promote party division and 
aggravate faction. 

House of Representatives. — In the House of 
Representatives the Speaker is the head of 
his party and the defeated candidate for the 
speakership leads the minority on the floor. 
A leader of debate upon the floor is also se- 
lected by the majority. The Speaker is ex- 
pected to use his office to promote party legis- 
lation. His power has risen and fallen from 
time to time, but at its zenith he practically 
dictated all party legislation and the conduct 
of business. Either alone or with the assist- 
ance of a committee, he appointed all the com- 
mittees of the house (see) in whose hands the 
real business of legislation rests. As a member 
ex officio of the committee on rules he helps 
to determine what business shall come before 
the house, who shall be recognized in debate, 
and how business shall proceed. His power is 
so strongly supported by the rest of the organ- 
ization in Congress that little opportunity re- 
mains to the independent element of the party 
for resistance. Arbitrary as it may seem, some 
such centralization of power appears essential 
in so large a political body as is the house. 
The committee (see) system of conducting ac- 
tual business has developed with the American 
legislature. The chairman of each committee 
and a majority of its members are of the dom- 
inant party and thus the party makes itself 
in a way responsible for the acts of the com- 
mittee, while the minority is also given a 
chance to express its views. Most legislation 
is non-partisan and does not lead to party di- 
vision either in committee or on the floor of 
the house; but when a bill deals with a ques- 
tion of party difference, such as the tariff, 
the committee may divide on strict party lines, 
and bring in a majority and a minority report. 
Such a report may be followed by a party de- 
bate and a party vote in the house, but the 
actual proportion of party votes in Congress 
is much smaller than that in the House of 
Commons, and it is likely to be very small 
except when some subject of strong party con- 
troversy is considered, then votes on all ques- 
tions tend to become partisan. Most legisla- 
tion is accepted simply on the recommendation 
of the committee, many members of the house 
being ignorant of the exact nature of bills 
offered. The leader of debate for each party 
must keep himself informed upon the course 
of business and advise his supporters how to 
vote on the various measures. If factions exist 
within the party each will have a recognized 
head. Of late years a tendency has developed 
toward the use of party whips after the Eng- 
ish type. In some way the ordinary member 
must learn how to vote. He looks to his "bell- 
wether" for guidance whenever an unfamiliar 
bill comes up and with docility follows the 
leader when the "ayes and nays" are called. 

Senate. — The Senate is organized into com- 
mittees in much the same way as is the House, 



633 



PARTY ORGANIZATION IN MASSACHUSETTS 



and actual business is conducted in committee 
rooms. Since the president of the Senate is 
not a partisan officer the guidance of business 
is placed in the hands of a steering committee 
who arrange the course of legislation and de- 
termine when bills shall be considered. Al- 
though the distribution of patronage influences 
party action in the House to some extent, it 
is in the Senate that the patronage together 
with senatorial power over appointments most 
largely affects legislation (see Coubtesy of 
the Senate). 

State Legislatures. — In general organization 
the state legislatures resemble one or other 
of the houses of Congress, with many varia- 
tions. Either the speaker or a party commit- 
tee organizes the house and attempts to control 
legislation. If party voting is less common 
in American than in English national assem- 
blies, it is still more rare in state legislatures, 
because state issues are overshadowed by na- 
tional issues and beyond the election of a 
Senator or the forcing of a congressional gerry- 
mander few strictly party votes are taken. 
New York state is unique in its large number 
of party votes in the legislature, owing to the 
even balance of parties, the city vs. the country 
sentiment, and the really important businesses 
carried on by the state. 

In a number of states, the legislature shows 
a tendency to split horizontally rather than 
vertically, separating in each party the manip- 
ulators of the machine from the inexperienced 
and uncorrupted new members. When such a 
condition exists the "bi-partisan" control in 
the hands of one boss replaces the corporation 
lobby. Attempts at purification of such legis- 
latures fare ill unless a strong counter organ- 
ization can be effected, or a reform governor 
backed by a strong public opinion can be elect- 
ed to coerce the legislature. 

See Caucus, Legislative, for Legislation; 
Congressional Government; Insurgents in 
Congress; Lobby; Machine, Political; Op- 
position; Party Government, Comparative; 
Party Government in Great Britain ; Whip, 
Party. 

References: P. S. Reinsch, Am. Legislatures 
and Legislative Methods (1907) ; A. L. Lowell, 
"Influence of Party Upon Legislation" in Am. 
Hist. Assoc, Report, 1901, I, 319-542, Gov- 
ernment of England (1908), I, ch. xxv; J. 
Macy, English Constitution (1896), 27, 28; J. 
A. Woodburn, Am. Republic (1903), 270-315; 
J. A. Smith, Spirit of Am. Government 
(1907), 192-202; F. Hichborn, Story of Calif. 
Legislature of 1909 (1909), chs. i-iv, xxviii; 
J. Bryce, Am. Commonwealth (4th ed., 1910), 
1, 157-208, 545-561; M. Ostorgorski, Democ- 
racy and Party System (1910), 369-375, 386; 
W. Wilson, Congr. Government (12th ed., 
1896), chs. ii-iv; R. M. La Follette, ''Autobiog- 
raphy" in Am. Magazine, LXXII (1911-19:12), 
661-674, et seq.; C. A. Beard, Readings in Am. 
Government and Politics (1911), 247-253; C. 



L. Jones, Readings on Parties and Elections 
(1912), chs. ii, vii. Jesse Macy. 

PARTY ORGANIZATION IN MASSACHU- 
SETTS. Characteristics.— The element of per- 
sonality may well be considered as the leading 
factor in the political history of Massachusetts. 
A series of great men, dominated by and draw- 
ing their power from great ideas, has embod- 
ied the life of the state. This element of in- 
dividual, personal leadership which has exist- 
ed in all lines of activity, in literature, in the- 
ology and in ethics as well as in politics, ap- 
pears in both local affairs and state policy. 
The Puritan idea glorifies the individual and 
lays responsibility upon him. The forms of 
local government developed in New England 
have fostered this tendency. The town meeting, 
with its free discussion of men and measures, 
is composed of a group of men who are quite 
as much interested in the personal qualifica- 
tions of the candidates coming before them as 
they are in the parties that appeal for support. 
Men trained in the town meeting system of 
local government tend to carry over to their 
consideration of state and national politics an 
attitude of mind which minimizes the party 
as an organization and exalts the men who 
represent it. Party organization in Massa- 
chusetts is, therefore, in striking contrast to 
that in states where the more impersonal coun- 
ty system has centralized public attention on 
measures and organizations rather than on 
men. 

Everywhere a tendency has appeared to sub- 
ject legitimate party organization to the dom- 
ination of a machine which operates rather in 
the interest of a boss or a ring than in that 
of the people. Such a tendency has shown it- 
self in Boston and elsewhere in Massachu- 
setts, as in other places, but it has been re- 
peatedly checked by the real, personal interest 
which the mass of citizens in the state continue 
to take in politics. A machine thrives on pop- 
ular indifference; when all candidates are sub- 
jected to personal scrutiny and are held per- 
sonally responsible for fulfilling the public will, 
it can never gain an absolute control. The 
citizens of Massachusetts have a machine, but 
they recognize it and are determined to weaken 
its power for harm. This determination has 
led to a series of laws intended to regulate 
party action and to minimize the opportuni- 
ties for corruption in politics. Consequently 
Massachusetts gives a large amount of statu- 
tory recognition to party organization. Legal 
recognition has been adopted because it ap- 
peared to be the best means of stripping the 
machine of power, not because it would 
strengthen legitimate party organization. "The 
two leading parties" are made practically iden- 
tical in form. 

Legal Regulations. — Since Massachusetts is 
a state in which annual elections are held, 
the important party committees are also' Cho- 



634 



PARTY ORGANIZATION IN MASSACHUSETTS 



sen annually. The state central committee 
must have one member elected from each of 
the forty state senatorial districts. These 
members are chosen at the senatorial district 
conventions, except in Suffolk county where 
the city of Boston is situated. Here the mem- 
ber of the state central committee is chosen 
at the party caucus or primary election at 
which the candidate for state senator is elect- 
ed. In the Democratic party fifteen members 
are added to the state central committee by the 
last preceding state convention. Definite laws 
are laid down for the time and manner of 
organizing the state central committee. In 
the same manner state law requires that "each 
political party shall in every ward and town 
annually elect a committee, to be called a ward 
or town committee, to consist of not less than 
three persons." Their terms of office and date 
of organization are also specified. A city com- 
mittee, also required, is composed of the ward 
committees of the city. Thus "the two lead- 
ing parties," viz., "the political parties which 
cast the highest and the next highest number 
of votes for governor at the preceding elec- 
tion," are required to organize. Any party 
which at the last annual election polled for 
governor at least three per cent of the entire 
vote may organize and receive recognition on 
the official ballots. 

Other Party Machinery. — Other party com- 
mittees, although not required by law, exist 
in the eight districts from which are elected 
the members of the executive council, in the 
forty senatorial districts, the fourteen con- 
gressional districts, and the counties. They 
exercise the merely formal functions of calling 
the district and county conventions and have 
no vital connection with state and town or 
ward committees. No intermediary exists be- 
tween the state central committee and the local 
committee. This close connection between local 
and state party organization facilitates the 
carrying over to the larger area of the direct 
interest in the candidate and his pledges which 
have so largely influenced local politics in New 
England. 

Party conventions fill a place of much im- 
portance in the political machinery of the 
state. All candidates for state office and most 
candidates for district office and county offices 
are nominated by them. These conventions 
are mostly a law unto themselves, but one or 
two matters are regulated by statute. Four 
days must intervene between the caucus for 
choosing delegates and the meeting of the con- 
vention; this latter must occur at least forty- 
eight hours before the date for filing nomina- 
tions with the secretary of state. One fourth 
of the delegates at a district convention are 
given the right to demand a roll call for the 
nomination of a candidate, and detailed in- 
structions are given for procedure in the case. 

Primary Laws. — Local party organization is 
considerably influenced by recent primary leg- 



89 



635 



islation, beginning with the Joint Caucus or 
Primary Election Act of 1903. This act, man- 
datory for Boston and optional in other cities 
and towns, requires that all parties hold their 
caucuses or primary elections at the same time 
and place and under the same regular election 
officers. The ballots used are furnished by the 
city or town. The party connection of each 
voter is checked on the polling list; participa- 
tion in a party caucus is taken as prima facie 
evidence of party membership, which thus be- 
comes a matter of public record. To change 
his party ties a voter must notify the keeper 
of the record at least ninety days before the 
date of the caucus in which he wishes to par- 
ticipate. This insistence upon the party mem- 
bership might operate against good local gov- 
ernment, if the law did not allow the formation 
of municipal parties on local issues and the 
supporting of independent candidates without 
loss of the right to share in the regular party 
caucuses. The desire has been to break down 
undue machine influence within the party and 
also to prevent corrupt combination between 
the baser elements of both parties. The sys- 
tem of primary elections provides for nomina- 
tion oy petition previous to the date of the 
primary. The act of 1909 again made sweeping 
changes in the election laws and city govern- 
ment of Boston. The whole system of city 
administration is changed. The mayor is elect- 
ed for four years subject to a recall at the 
end of two, and a city council of nine is elected 
at large, three members every three years. The 
system of ward and precinct and city commit- 
tees is abolished and all primary elections or 
caucuses are replaced by "nominating petitions 
to which at least five thousand names of reg- 
istered voters must be attached." This act also 
is optional in other cities and towns, a number 
of which have accepted it (1912). The object 
of these and other legislative acts is clearly to 
strip power from party committees and con- 
ventions and primaries and to return it to 
the people. The machine is constantly 
thwarted by legislative restrictions. 

Massachusetts and Pennsylvania. — Massa- 
chusetts thus, in striking contrast to Pennsyl- 
vania, presents the picture of a "safe" Republi- 
can state in which the party organization of 
both Republicans and Democrats is practically 
the same — regulated by state law. Here as 
in Pennsylvania one party has maintained al- 
most continuous supremacy since the Civil 
War, but the party of opposition has never 
been so completely subservient nor so easily 
ignored as in the Keystone state. Massachu- 
setts Democrats keep up an efficient organiza- 
tion and are occasionally able to capture the 
city of Boston or even the governorship. Since 
Massachusetts is usually Republican the high- 
est political office to which any of its citi- 
zens can seriously aspire is that of United 
States Senator. In the Senate, as elsewhere, 
the typical personal element appears. Senators 



PARTY ORGANIZATION IN PENNSYLVANIA 



from the Bay State are personal leaders, de- 
pending for their position and continued in- 
fluence on their individual response to the will 
of the voters of the state, and their ability 
to mould and guide public opinion. They have 
never had machines back of them strong 
enough to secure them their positions in the 
face of real unpopularity at home. To judge 
from local political literature one might be- 
lieve that the Massachusetts senatorial ma- 
chine was far worse than that of Pennsylvania. 
Denunciation is vociferous and acrid, but the 
outcry itself reveals a more independent voting 
constituency than that in the latter state. 
Massachusetts independents not only know 
their power but they dare to use it. Nothing 
shows the fundamental contrast between these 
two states better than a glance at their sena- 
torial leadership. Pennsylvania has always 
had but one Senator who is the machine. Mas- 
sachusetts has always had two' Senators of in- 
dividual influence and of coordinate power ow- 
ing their position as leaders to their political 
ability as men, not to their control of a smooth- 
ly running machine. 

See Boss; Machine; Organization; Party 
Leadership; Party Organization in Cali- 
fornia; Party Organization in Pennsyl- 
vania; Party System in Sure States. 

References: F. W. Dallinger, Nominations 
for Elective Office (1897), 173-195; G. Brad- 
ford, Lessons of Popular Government (1899) ; 
J. Bryce, Am. Commonwealth (4th ed., 1910), 
II, 93, 935; E. C. Meyer, Nominating Systems 
( 1902 ) , ch. ii ; J. Macy, Party Organization 
and Machinery (1912), chs. xi, xii. 

Jesse Macy. 

PARTY ORGANIZATION IN PENNSYL- 
VANIA. Boss System. — Pennsylvania is pre- 
eminently the state of a boss. From the United 
States Senate to the most insignificant coun- 
try district a political organization has spread 
its ramifying branches. This machine has not 
been perfected without some struggles, nor has 
it maintained unbroken control in all parts of 
its territory ; but on the whole, since the Civil 
War, Pennsylvania has been operated under 
the guidance of one man who holds the posi- 
tion of United States Senator from that com- 
monwealth. 

How the Machine Grew. — From 1860 the 
Republican party has claimed the support of 
Pennsylvania through its advocacy of a pro- 
tective tariff. A state which was fast develop- 
ing mines, railroads and manufacturing, in 
which the business corporation began to rule 
supreme, could scarcely fail to advocate a na- 
tional policy so clearly favorable to its further 
progress. Republican control was strength- 
ened also by the weakness of the opposing or- 
ganization, for even the Democrats of the state 
favored protection, and repudiated, at a critical 
time, the national party policy of free trade. 
Thus the whole interest of all parties and 



classes in the commonwealth pointed in the 
same direction. 

That such unanimity should play into the 
hands of political schemers was almost in- 
evitable. Business men who had learned the 
value of the corporation system of organization 
with one man in virtual control naturally ap- 
plied their business methods to party organi- 
zation. Thus the boss gained power in state 
and city and once in control he perpetuated 
his position and made himself indispensable to 
the citizens who would not devote time and at- 
tention to political affairs. The cities of Phil- 
adelphia and Pittsburg were naturally the first 
fields for political manipulations. A compact 
organization could be developed, using the 
spoils of office as rewards for party service. 
Once a city was organized, the machine inevi- 
tably began to assert itself, corrupting office- 
holders, levying demands upon candidates and 
corporations, and finally shifting the whole 
business of politics from the hands of a people 
too busy to manage it into those of its own 
workers, who found personal profit therein. 
Valuable franchises were sold or given to fa- 
vored, companies. Election returns were falsi- 
fied in various ways. Corruption spread from 
the cities to the country where at first the 
rewards of manipulation seemed less attractive. 
The system throve because the people were too 
busy making money and attending to what 
they considered their own affairs to watch their 
politicians. 

Republican Organization. — The Pennsylvania 
method of handling the voter has been excep- 
tionally successful. Formal organization is 
comprehended almost entirely in the state and 
county conventions and committees. The Re- 
publican state convention is called by the 
state committee. Inasmuch as representation 
is based upon the Republican vote cast at the 
preceding presidential election, allowing to 
each legislative district one delegate for each 
two thousand votes and one for each major 
fraction of that number, political leaders in 
cities like Philadelphia and Pittsburg, with a 
heavy Republican vote, have a special influence. 
This natural power is greatly increased by the 
practice of fraudulent voting and padding of 
the returns. The state committee is elected by 
the delegates from the fifty senatorial districts 
to the state convention. The permanent chair- 
man of the state convention together with the 
candidates nominated by it choose the chair- 
man of the state committee. Districts embrac- 
ing only one county or an area within a coun- 
ty are entitled to two members on the commit- 
tee ; other senatorial districts have one member 
for each county. The chairman is also em- 
powered to name twelve members-at-large, who 
shall have equal voice in party affairs with 
those chosen by the senatorial districts; hence 
the committee is clearly under the influence 
of the chairman. Obviously a committee of a 
hundred and twenty or more members cannot 



636 



PAETY ORGANIZATION IN PENNSYLVANIA 



do much actual work as a whole. It is the 
small nucleus around the chairman which is 
the real directing body. 

The county, as the dominant factor in local 
government, is the basis of local political or- 
ganization. Within the county considerable 
variety of form and method of procedure ex- 
ists and the state committee does not pretend 
to dictate in county matters. This independ- 
ence of party management in the counties has 
led to such diversity in the forms of county 
organization as to suggest that the managers 
encourage such variations in minor and unes- 
sential details as shall make it easier to con- 
fuse the voter and conceal the real power of 
the machine. All the county committees are 
large, sometimes as large as the state commit- 
tee; and, so far as the conduct of ordinary 
business is concerned, it is the chairman in 
each case who is the active and efficient party 
agent. 

Democratic Organization. — As before stated, 
the Democratic party in Pennsylvania has been 
weakened until it has been degraded to the 
position of an adjunct to the controlling Re- 
publican organization. The practical work- 
ings of the Democratic machine are governed, 
to a large extent, by the same industrial in- 
terests as control the Republican machine. In 
form, the Democratic organization, while based 
upon the county system of local government, 
is quite different from the Republican organ. 
Its system is apparently more centralized and 
rigid than is the other. The counties are 
subject to state control and the form of their 
political organization is dictated' by the state 
convention. The state is divided into nine divi- 
sions which serve to group the counties and to 
furnish a basis for choosing committees of 
various grades. A very elaborate system of 
county, division, state executive and state con- 
tral committees with overlapping membership 
has been evolved; but, as in the Republican 
party, the real conduct of the campaign is in 
the hands of the chairman of the state central 
committee. 

Through this system of organization true 
democracy with power in the hands of the 
people is apparently assured; actually, perfect 
dictation and control from the state committee 
result. The chairman of the state committee 
is in real command from top to bottom of the 
state machine. Even the organization of the 
opposing party is but one more wheel in the 
mechanism. One man rules the state. By 
means of the twelve members at large the chair- 
man dominates his huge committee and is as- 
sured of a harmonious working corps. The 
party is managed by one man, like the success- 
ful business corporation whose board of direc- 
tors merely gives force to his decisions. Be- 
fore the public the chairman appears as this 
powerful administrator; but he almost always 
makes himself United States Senator and there- 
fore has other absorbing duties. The actual 



637 



work in the state is done by the secretary of 
the state committee who holds his position for 
many successive years. His hands are on all 
the wires of the machine and his skillful touch 
adjusts and regulates its action. Party work 
is distributed and assigned, not only to all 
committee members, state, county and local, 
but to thousands of private members as well. 
In the office of the secretary stands a carefully 
prepared catalogue of more than 800,000 Re- 
publican or potential Republican voters in the 
state. These names are classified as habitual 
and reliable supporters of the party ticket, 
doubtful or wavering supporters, and those 
accustomed to "fumble in the booth." The list 
also indicates persons who may be relied upon 
to do effective party work. Party supporters 
from Democratic families are indicated; and 
first voters or those soon to become voters are 
listed. The system of work followed is one of 
political education in which infinite care is 
expended on the young or the wavering Re- 
publican. The experience of years has demon- 
strated that it pays better to influence and 
then train the youth and reclaim the wanderer 
than to attempt to make new converts from 
hardened Democrats. One may, of course, win 
over an opponent for a single election, but he 
tends to return to the party in which he has 
been trained. The party worker has learned 
where to expend his best efforts and skill most 
economically. Repeated canvasses of the 
voters of the state are made during a presi- 
dential campaign. This means thorough, or- 
ganized division of labor among a vast number 
of trusted party workers. When the machine 
is working at its highest efficiency every tenth 
or even every fifth man becomes a party watch- 
er, whose especial duty it is to study his five 
or ten voters and learn the exact state of the 
feelings and sympathies of each, as well as the 
probable means of influencing any who seem 
disaffected or in open opposition to the party. 
During "off years" all of the machine parts 
are still kept in working order and grind out 
party loyalty to order. 

Senatorial Leadership. — The political history 
of Pennsylvania for the last fifty years has 
been a history of its Senators. From the days 
of the elder Cameron to the present time one 
of the Senators has always ruled the state. He 
directs his subservient colleague as he does 
other officeholders. All federal patronage for 
Pennsylvania, including that of the great port 
of Philadelphia, is distributed through his 
hands. This one man machine has nearly al- 
ways been able to claim and receive cordial 
and fairly united support from the state. Not 
only corporations and men who seek illicit leg- 
islative favors contribute liberally to the state 
campaign funds, but many rich, conservative 
business men who are honest in their purposes 
also give the machine hearty financial aid. 
The rank and file of the party, likewise, stand 
firmly for the machine which recognizes and 



PARTY ORGANIZATION IN THE SOUTH 



flatters each individual sheep in the fold. All 
of these classes and the thousands of office- 
holders and office-seekers look to the Senator 
as to their political leader, counsellor and 
friend. 

Reforms. — There have been, nevertheless, a 
number of energetic uprisings of reformers and 
outraged citizens seeking to oust the machine 
and restore a high standard of civic honesty. 
Such a revolt led to the exposure of the fa- 
mous Philadelphia "Gas Ring" in the eighties, 
and more recently to the reforms under Mayor 
Weaver and to the unveiling of the frauds in- 
cident to the building of the capitol at Harris- 
burg. Finally a general uprising of the voters 
led to a disruption of the Republican party, 
and to the defeat of the old organization in the 
election of 1912. 

The laws passed in 1906 requiring state- 
wide primaries, personal registration of voters 
and publication of campaign expenses have les- 
sened the absolute control of the machine. It 
is generally conceded that the elections in Phil- 
adelphia, where the illegal vote was once es- 
timated at from fifty to eighty thousand, are 
now honestly conducted. But real political 
freedom can result only from enthusiastic, in- 
dependent organization as efficient for clean 
government as is the machine for dishonest 
government. 

See Boss; Committees, Party; Organiza- 
tion, Party; Party Organization in Cali- 
fornia; Party Organization in Massachu- 
setts; Party System in Doubtful States; 
Party System in Sure States. 

References: E. C. Meyer, Nominating Sys- 
tems (1902), ch. v; F. W. Dallinger, Nomina- 
tions for Elective Office (1897), 175-189; J. 
Macy, Party Organization and Machinery 
(1912), chs. ix, x, xii; J. T. Marcossom "Fall 
of the House of Quay" in World's Work, XI 
(1906), 7119-7124; W. MacVeagh; "Great Vic- 
tory for Honest Politics" in North Am. Review, 
CLXXXII (1906), 1-18; "Reforms Secured in 
Pennsylvania" in ibid, CLXXXIII (1906), 590- 
601; C. R. Woodruff, "Practical Municipal 
Progress" in Am. Journal of Sociology, XII 
(1907), 190-215; C. A. Beard, Am. Govern- 
ment and Pol. (1910), 695, Readings in Am. 
Government (1910), 128; T. Baker, "Philadel- 
phia, a Study in Pol. Psychology" in Arena, 
XXX (1903), 1-14; R. Blankenburg, "Forty 
Years in the Wilderness" in Arena, XXXIII, 
XXXIV (1905). Jesse Macy. 

PARTY ORGANIZATION IN THE SOUTH. 
Personal Leadership. — In politics, as in other 
respects, the southern states present a peculiar 
group life. The institution of slavery, pro- 
foundly affecting the organization of society, 
tended to develop in the ruling class political 
leaders who owed their influence to family and 
personal ability. Because life was more in- 
dividualistic and less highly organized than 
elsewhere, party organization was less formal, 



and personal leaders rather than committee 
rule dominated. 

Republican Party in Border States. — Al- 
though most great men of the old South were 
slave-holders, many more whites above the 
"poor white" class were not. From them the 
southern W 7 hig party drew its chief support. 
Largely from former Whigs, the Republican 
party, northern and anti-slavery in origin, was 
able to establish an organization in all of the 
border states and in Tennessee, which should 
be classed with them in political life. After 
the war it continued to be a factor in the 
political life of these former slave-holding 
states, to offer effective criticism of the party 
in power and to make more than a pretense 
of opposition. It was organized and operated 
as a white man's party. In these states the 
negro question, while affecting political life, 
did not destroy the dual party system. The 
term, "solid South," applies to all of the for- 
mer slave-holding states, since they all sup- 
port the Democratic party by large majorities; 
but only the ten ex-Confederate states ( exclu- 
sive of Tennessee) present a seriously abnor- 
mal political life. 

Historical Review. — When the Confederate 
states were reorganized they were at first nom- 
inally Republican, under an electorate com- 
posed of union whites, enfranchised negroes and 
"carpetbaggers." The former leaders of po- 
litical life had been disfranchised. Democratic 
rise to power began in a period of rule by vio- 
lence and intimidation. The Ku Klux (see) 
raiders terrorized negroes, and union whites 
and drove out the "carpetbaggers." Gradual- 
ly, as the franchise was restored to the former 
leaders, the more intelligent and politically 
astute asserted their supremacy. This was the 
era of the tissue ballot and other methods 
of falsifying election returns. By various il- 
legal devices the negro was, for a time, prac- 
tically eliminated from politics. 

Since about 1890 this system has been grad- 
ually replaced by legislative and constitutional 
enactments aimed at the negro voter. Restric- 
tions of the franchise on the basis of property, 
education, ability to understand the Constitu- 
tion when read, or the payment of a poll tax, 
have been administered in such a way as to ex- 
clude most negroes, white illiterates being ad- 
mitted to vote by judicious application of these 
clauses and by the use of the so-called "grand- 
father clause" which prevents disqualification 
of a man whose ancestors had the right to vote 
in 1868. This course of action has been justi- 
fied by appeal to the bugbear of negro suprem- 
acy. Probably the danger has been over- 
estimated; certainly the remedy has worked 
great harm to these states. As Hart observes, 
"The cry of negro domination has been more 
unfortunate for the whites than for the blacks, 
because it has thrown the southern states out 
of their adjustment in national parties." Par- 
ty government as well as real share in national 



638 



PARTY ORGANIZATION IN THE SOUTH 



government has been sacrificed to this black 
fear. 

Republican Organization. — In spite of having 
been hopelessly linked in common thought with 
a most unpopular reconstruction regime, the 
Republican party has succeeded in keeping up 
some sort of organization in all of the ex- 
Confederate states. Localities in almost every 
state continue to return Republican majori- 
ties, and a large aggregate number of white 
persons have remained in the national Republi- 
can party. Many more who vote the Demo- 
cratic ticket would like to see normal party 
relations reestablished. A portion of the par- 
ty, dubbed "Lily white Republicans" (see), try 
to maintain it as a white man's party and 
scorn the help of negroes as much as do the 
Democrats; but their efforts to establish them- 
selves in a position of influence seem futile 
against the momentum of the white man's par- 
ty par excellence, the Democrats. The "Black- 
and-Tans" are an organization of both negroes 
and whites who would use the negro vote wher- 
ever it is cast in building up the Republican 
party. They do not meet with any remarkable 
success and the disfranchised negro seems less 
and less inclined to mingle in politics. 

Serious efforts to develop the Republican 
party are greatly hampered by lack of organi- 
zation and of funds. In practically all of the 
southern states the expenses of the campaign 
are met by the candidate. As the loss is heavy 
and the empty honor slight, worthy candidates 
are not easily found. The expenses of a pri- 
mary are often prohibitive. Without strength 
enough to be effective the party continues to 
occupy the field and thus to prevent the rise 
of local state parties which otherwise might 
dispute the field with the Democrats. 

In reference to the national organization of 
the party these southern Republicans are ab- 
normal. The party appears to be maintained 
in some places merely to distribute federal 
patronage. Accused of being a party of federal 
office-holders, organized to distribute political 
plums, it is scorned and derided. On the 
other hand, delegates from these ten states 
to the national convention are as numerous 
and exercise as much influence as if their party 
were strong. They may choose a candidate for 
the nation and cast no electoral vote for him. 

Democratic Organization. — Fear of negro 
domination has thrown full political power into 
the hands of the Democratic organization, the 
champion of white supremacy. Party division 
has become a matter of race rather than of 
conviction; appeals on principle and policy to 
a free voting constituency are denied. What- 
ever policy the Democratic machine may decide 
to follow, it is sure of its constituency. The 
party system has broken down; government 
has been transferred from the state to the 
Democratic party. This possession of almost 
absolute power within the state has led to 
abuses on the part of the machine until the 



individual voter has found himself powerless. 
That he had voluntarily placed his rights in 
the hands of the party committees does not 
alter the fact. He has become the slave of 
the machine, kept down by the clamor of poli- 
ticians against any recognition of the negro. 
Party tyranny has used race fear for its own 
purposes. 

Primaries. — In trying to restore some power 
to the citizen without allowing any of it to 
escape to the negro, southern voters have hit 
upon the primary election. The primary has 
grown up in the Democratic party, has been 
governed by party rules and in most states 
has been little regulated by statute. The de- 
tails, consequently, vary from state to state, 
but the results are practically identical. Par- 
ty membership is almost entirely a matter of 
party rules, which are administered by party 
officers. Various tests of membership are ap- 
plied, but in some states the practical rule is 
to allow any white man to vote in the Demo- 
cratic primary. This gives the first requisite 
— a popular tohite vote for local and state 
officers. Nomination at the primary is evident- 
ly equivalent to election, and the real contest 
is transferred from the nominal election to 
the primary. Political conflicts are carried 
on by factions within the one party. Candi- 
dates present themselves to the primaries on 
personal platforms, and all the excitement of 
a regular election with its caucuses and cam- 
paigns attends the primary. The expedient 
does well enough for local and state issues, 
but it does not allow close relations with na- 
tional politics. All candidates for national 
offices are bound to support but one of the 
national parties. The system also brings a 
heavy financial burden upon the party — a bur- 
den usually met by the candidates. One com- 
pensation is that the opposing party can not as 
well afford a primary. In states where the 
law requires that a candidate be nominated at 
a primary election before his name can appear 
on the official ballot, only one set of names 
appears. 

South Carolina Type. — South Carolina is a 
typical state under Democratic control. The 
real law-making body for the party is the 
Democratic state convention. It adopts a par- 
ty constitution, designates the time of holding 
county and state conventions and provides for 
the election of county and state executive com- 
mittees. Membership in a Democratic club is 
necessary for voting at a party primary. Any 
white voter may become a member by proving 
his party affiliation, but a negro is practically 
excluded by a rule which dates back to 1876. 
Candidates for nomination in the primary file 
with the party committee of the election area 
statements of their desire to run for certain 
offices. The expenses of the ensuing primary 
are met by assessment on the candidates, and 
if a majority vote is not obtained a second pri- 
mary is held at least two weeks later. The 



639 



PARTY ORGANS— PARTY, PLACE AND SIGNIFICANCE OF 



heavy burden of assessments tends to keep ca- 
pable men of moderate means out of the con- 
flict. Legal restrictions upon the primary are 
slight; party rules are elaborate and detailed. 
The Republicans organize under the law in a 
few counties, but they do not offer a state tick- 
et to the voters. As might be expected, the vote 
at the Democratic primary is much heavier 
than that at the general election. 

Mississippi Type. — Mississippi stands at the 
other extreme in reference to state supervision 
of primaries. The primary is optional, but 
when a party primary election is ordered by 
a party committee it must be conducted accord- 
ing to state law. The officers conducting the 
primary must fairly represent the different 
factions within the party, if such exist. Mem- 
bership in the party, however, is determined 
by party rules. "General election laws are in 
force so far as applicable." The party county 
committee may, on petition of one-fifth of the 
members of the party, be elected; otherwise it 
is chosen "as the party may determine." This 
is to prevent the perpetuation of power by a 
machine or faction. The law also provides for 
minority and fractional representation in par- 
ty conventions. 

Solid South and the Democratic Party. — The 
relation of southern Democracy to the party in 
the rest of the nation is most unfortunate. 
The solid South, but especially the ten states 
whose political life we have under discussion, 



furnishes the majority of the Democratic vot- 
ers in the nation. Upon these states the party 
relies for certain support in all national con- 
tests, yet the delegates from these states have 
not a corresponding influence in the national 
convention. Party strength at home spells par- 
ty weakness in the nation. Whatever policy 
the rest of the Democratic party may espouse 
on national issues, southern Democracy must 
support it or perish politically. The numerical 
strength of their votes is weakened because, 
even though their candidate for nomination 
may be defeated, they are certain to support 
the successful candidate at the election. 

See Committees, Party; Negro Suffrage; 
Party Organization in Massachusetts; Par- 
ty Organization in Pennsylvania. 

References: A. B. Hart, The Southern South 
(1910); J. Macy, Party Organization (1904), 
ch. xv ; E. C. Meyer, Nominating Systems 
(1902), chs..iii, iv; H. W. Elson, Hist, of U. S. 
(1905), IV, 329-333; J. L. M. Curry, The 
Southern States (1894), chs. xv, xvi; T. N. 
Page, The Negro, the Southerners' Problem 
(1904), ch. x; Lake Mohonk Conference on 
Negro Question, Reports (1890-1891). 

Jesse Macy. 

PARTY ORGANS. A term denoting news- 
papers published in the interest of a political 
party; usually controlled by the party ma- 
chine. O. C. H. 



PARTY, PLACE AND SIGNIFICANCE OF 



Definition. — To define a political party is no 
easy task. Even a description presents diffi- 
culties. So complex is the modern party, so 
various are its qualities and duties, that it is 
difficult to be at once comprehensive and dis- 
tinct in treatment. Certainly the old-time def- 
inition furnishes little enlightenment — a body 
of men associated together to attain a common 
end or united in opinion or design. Such a 
statement does not distinguish the political 
party from any other body of persons who find 
themselves in agreement upon some matters of 
common interest. It conveys no impression of 
the modern political association, which is offi- 
cered, organized, and equipped for service in 
the body politic; it gives no idea of the un- 
ceasing activity, the official responsibility, the 
social character and permeating influence of 
the modern party. Instead of emphasizing the 
idea of agreement upon principle or public pol- 
icy, any definition desiring to touch near the 
heart of the problem would necessarily dwell 
upon organization; it would bring out the fact 
that party's chief aim is to secure office and 
administer government; it would indicate that 
the party is charged with duty and responsibil- 
ity to the public in the popular state; it would 



point to the fact that parties have governments 
and leaders; it would show that parties have 
life as well as principles and that they accept 
principles to prolong life. In short any defini- 
tion of a political party must recognize that 
it is now a primal governmental institution. 
Parties and Factions. — The party as seen in 
its most developed form in England and the 
United States is not much like the old-time 
factions, which, representing distinct class in- 
terest or economic bias, were intent upon the 
possession of influence in government to fur- 
ther their own ends. Those factions were 
based on the dualism or pluralism of the so- 
cial life in which they worked. They were 
rooted in social opposition ; they were often not 
only competitors but enemies. Though they 
might indulge in intrigue, chicanery and con- 
spiracy, they can hardly be said to have had 
organization as that word is used today. A 
faction may be said to have principle; certain- 
ly it has purposes though they may be narrow 
and selfish. The modern political party, the 
product of modern effort to make popular gov- 
ernment a reality, may be led by designing 
leaders and affected by selfish interests, but 
it has no higher or lower ostensible purpose 



C40 



PARTY, PLACE AND SIGNIFICANCE OF 



than to secure the good of the whole state. 
Moreover, as we shall see, though it has prin- 
ciples and purposes, it holds forth its claim 
to be entrusted with the management of the 
whole state for the public good. 

Principles. — This quality of the modern par- 
ty, this readiness to assume administrative re- 
sponsibility and to serve the state, is not mere- 
ly superficial. In the popular state mere fac- 
tion is out of place; to the extent that it ex- 
ists public opinion lacks force, unity, and 
wholeness. While it may be true that in a 
measure party represents classes, instincts, 
prejudices, interests, and tendencies, neverthe- 
less, in a state whose self-consciousness is de- 
veloped, legislation or political administration 
which is merely partial and selfish is dangerous 
to the stability and well being of party. Par- 
ties must adapt themselves, and they have 
adapted themselves, to the fact of political 
unity, to the substantial integrity of the com- 
munity. As a consequence, in the truly popular 
state, principles in some measure sink into the 
background as the distinguishing marks of par- 
ties. Parties, seeking the support of the whole 
people and holding forth their trustworthiness 
as administrators of government, find it neces- 
sary to make comprehensive programs and to 
take seriously into account the desires of their 
opponents. Thus party principles tend to be- 
come similar, even though they may never be- 
come identical in character. It not infrequent- 
ly happens that principles and doctrines of 
contending parties are so nearly the same that 
the controversy plainly narrows itself into 
a choice of leaders who are to be intrusted 
with the management of government. 

Governmental Institution. — In what sense 
can it be said that a party is a governmental 
institution? In fact, in many senses. The 
very division of the people into great political 
armies that have officers, constitutions, history, 
esprit de corps, character, treasure, power, is 
an institutional or governmental fact of primal 
significance. The marshalling of the people to 
affect or control government is itself not mere- 
ly a social phenomenon but a political fact; 
and the permanent system is an institution. 
It is, moreover, a constitutional institution, if 
we use the words to include the actual polit- 
ical structure of the people and not simply 
the structure described by a parchment we call 
the Constitution. 

In a number of ways a political party as an 
institution serves or proposes to serve in the 
management of the popular state: it is a de- 
vice for gathering desires of the people, formu- 
lating them and conveying them into govern- 
ment; it is also an arrangement for putting 
people into office, and in early days in this 
country practically all the machinery for this 
central duty was left to the voluntary associa- 
tions that were slowly hardened into parties 
and can now be recognized as institutional 
systems. It charges itself with administrative 



641 



responsibility; it undertakes the duty of hold- 
ing office and managing the government; it 
establishes unity behind executive and legisla- 
tive activity. Even in America where the prin- 
ciple of separation of powers (see) prevails, 
the party has done much to make executive 
and legislative departments work together. 

That a party is an institution is perhaps 
more easily seen in England than in America. 
No one can doubt that the Cabinet in England 
is a political institution; and yet the Cabinet 
is only a band of political leaders who, by dint 
of their own inherent capacity, have become 
the head of the party and control the govern- 
ment. The head of the government and the 
head of the party is one; for the party is 
organized, or is seeking to be organized, in the 
government. When an English party is suc- 
cessful at the polls, it boldly takes possession 
of the government and proceeds to carry out 
its decisions openly; the party leaders for the 
time being direct the actual activity of the 
state. We sometimes have difficulty in realiz- 
ing that these men are party leaders because 
they appear to be public officials. In America, 
on the other hand, we do not realize that men 
are in reality public officials because they 
appear to be party leaders. They may not be 
in office in the ordinary sense at all, for the 
party is organized outside of the government 
to control the government; though the party 
is anxious for office, there is no thorough con- 
centration of official and party responsibility. 
And yet as the party has a government of its 
own with elaborate machinery, and as it exists 
to control what we call the government, we 
need not hesitate to recognize it as an institu- 
tion. It is in fact an institution of tremen- 
dous vitality, energy and power. 

The Problem of Democracy. — When the Fath- 
ers framed the Constitution in 1787, they 
had no conception of the place or function of 
parties in the popular state. To them parties 
appeared dangerous, for the term was synony- 
mous with faction and implied bitterness, ri- 
valry and unrest. The reason for this was 
that the men of the day had had no experience 
with what we know as parties; even England 
had not yet simplified her political system by 
fully recognizing the claim of party upon offi- 
cial place and responsibility. The men of the 
Federal Convention naturally believed that 
they would establish free government if they 
were careful to see that it was sufficiently 
checked and balanced and limited. And yet 
with all their care they left totally out of 
consideration the two tasks which time has 
shown to be the great problem of democracy: 
they did not provide for effective means of 
conveying popular desire into the government, 
or of choosing men to hold the offices. It is 
plain enough now that these are the very 
things that must be provided for. No matter 
what the forms, no matter what the checks and 
the balances (see), we do not have popular 



PARTY, PLACE AND SIGNIFICANCE OF 



government if these two essential and elemen- 
tary functions are neglected. To the extent 
that popular will and popular choice of officials 
are interfered with by designing men, by inade- 
quate machinery, by improper law, popular 
government fails of realization. 

To voluntary associations, therefore, quite 
unknown to the law and quite foreign to the 
theory of our constitutional system, was left 
the great duty of collecting the will of the 
people and of providing machinery for elec- 
tions in the popular state. Little by little as 
the days went by, these voluntary associations 
took form; they hardened into institutions; 
they developed governments of their own; they 
created traditions; they counted their officers 
by the tens of thousands. As they took form 
and substance they acquired character; they 
tended, like all organic things, to look after 
their own being; and it was not always easy 
for them to see, in considering their own needs, 
what were the needs and desires of the whole 
people. Men got into the habit of paying 
heed to party allegiance and listening to party 
demands instead of demanding that party car- 
ry forward their behests. 

But of course the real power, or much of it, 
lay in the hands of the government of the 
party. That government almost from the be- 
ginning strove to rule not to obey. Its object 
was success. Its leaders may often have had 
principles; but their duty was not to carry 
more principles than enough to insure victory. 
This, therefore, became the great problem of 
democracy — to control these new institutions; 
these institutions which the written constitu- 
tions did not know; these institutions which 
were the natural product of the growing de- 
mocracy and which inevitably tended to be un- 
democratic, to be dominant, not obedient. If 
the history of a popular state is the history of 
its effort to become and to remain in reality a 
popular state, then the history of the rise of 
parties, their growth in authority, the develop- 
ment of their governments, and the efforts to 
bring these governments under control is the 
central theme of the narrative. The downfall 
of King Caucus in 1824 {see Caucus; Conven- 
tion, Political) and the establishment of the 
convention system were the result of an effort 
to throw off superimposed government. The 
recent establishment of the direct primary 
{see) is for the same purpose. The need of a 
democracy, that would fain be a democracy, is 
to constitutionalize party organization, to 
make its management subject to the wishes of 
the party members as a whole. 

Legalizing Parties. — Of recent tendencies in 
the history of parties in America none is more 
significant than the legalization of parties, the 
actual statutory recognition of party offices 
and machinery. Parties in the states have 
their own written constitutions; but statutes 
have been passed recognizing the party offi- 
cers and "organization." On the one hand 



we see the movement to take nominations at 
least partly out of the hands of the party 
"organization" by establishing the direct pri- 
mary; on the other, the movement distinctly 
to formulate the mechanism of the party and 
to give it legal recognition {see Primary). 
The party has ceased to be a purely voluntary, 
extra-legal institution. 

Government and Party Management. — The 
lack of unity in the American system, of which 
we have spoken before, the fact that office 
holders elected by the people are not also 
primarily party leaders — the absence, in other 
words, of concentrated responsibility — is a 
cause of distraction in American politics. The 
President, it is true, may be the real head 
of his party in the sense that he has large 
share in shaping its policy and . dictating its 
tactics. But in fact nothing is more common 
in American politics than an open conflict be- 
tween the President and the party managers; 
indeed it almost appears as if there were peace 
and unity only when the President follows the 
"organization," and is obedient to the party 
management outside of the government. That 
the President may force an issue on his party 
is well illustrated by the tariff message of Mr. 
Cleveland (Dec, 1887), and by the subsequent 
effort of his party to carry out his plans for 
tariff reduction. But the President is not al- 
ways successful even if he be bold enough to 
frame an issue. Party leaders shun new doc- 
trines; they generally look upon the President 
or a candidate for the presidency as a conven- 
ience or as a medium of success in the attain- 
ment of office, and not at all as a master with 
authority. 

In the states of the Union this dualism, 
this separate existence of party and constitu- 
tional government, is often very clear. The 
state boss who leads the party councils, who 
is, one might almost say, the government, who 
is back of legislative enactment and executive 
activity, whose real approval is necessary to 
make any candidate for office "regular," is 
some times not a member of the state govern- 
ment at all. Under such circumstances, real 
independence on the part of the governor 
means conflict and discord. Even where there 
is no single state boss, the party "organiza- 
tion" is in general independent of the execu- 
tive of the state. In recent days we have seen 
long and strenuous controversies between the 
officer whom the people have elected and the 
party leader who is self-appointed. Out of 
these controversies may conceivably arise a new 
unity in which the elected officials will be 
charged with the responsibilities of party man- 
agement and policy. But such a result is now 
only a matter of speculation. The fact is that 
there is now a complexity, which makes it 
hard for the average voter to understand the 
facts and very difficult for the people to fix 
responsibility. Difficult as the tasks of democ- 
racy must be, they are rendered more difficult 



642 



PARTY, PLACE AND SIGNIFICANCE OF 



by this maddening dualism and by the intri- 
cacies of the existing system. 

Principles and Office. — From what has al- 
ready been said it should be plain that a party 
is not primarily a mere association of persons 
who have like desires and who are intent upon 
carrying those purposes out by means of gov- 
ernment. When parties are first formed, they 
have distinct principles; they are possessed of 
policies that account for their existence. But 
as the years go by doctrines become dim; poli- 
cies are lost by the way; but the party has 
acquired coherence, character, social backing, 
traditions; it can rely upon pride, prejudice, 
inertia, instincts. It may therefore for a time 
live without principle, subsisting upon vague 
social and industrial tendencies and antago- 
nisms. It is, however, likely to take up new 
principles for it needs principles to obtain 
office. It generally takes up a new principle 
with hesitation and with circumspection; but 
little by little it develops and renews its creed. 
It must be remembered that a party is a thing 
of real life and that it follows the instincts 
of its life. And this means, first, that it can- 
not safely take up new theories or policies with 
any eager haste; and second, inasmuch as its 
object is to induce people to intrust it with the 
tasks of administration, it must put forward 
such principles as will aid in getting office. 
Time and again in the last hundred years one 
or another of the great English or American 
parties has been seen looking for a principle. 
Any one wishing to understand parties must 
not forget that it is at least as much the 
party's duty to put men into office as to carry 
principles; and this would become clear if we 
should define a party — omitting for the mo- 
ment all consideration of differing principles — 
as an institution which has developed in the 
popular state and is charged with the function 
of enabling the people to choose between can- 
didates for office. 

We, as the plain people, get such measure of 
self-government as we have by the fact that 
parties accept principles, partly, at least, to 
obtain office. Every body of men desiring a 
particular policy does not under our system 
organize a new party. If that were done, we 
should be in a mess and a flurry a good part 
of the time. On the contrary an existing party 
adopts a r?ew principle or policy to get office. 
We make use — not of constantly re-forming 
and disappearing sets or elements — but of 
organized parties, thoroughly developed ma- 
chines, with traditions, histories, and govern- 
ments. Third parties have had short lives in 
America as a rule. If the demand for legis- 
lation actually represents a need of a large 
portion of the community, it is likely to be 
taken up by one of the two parties that have 
power and organization. 

Party Characteristics. — It is sometimes said 
that, although one cannot trace a party in 
history by its adherence to a single body of 



643 



principles, it can be traced by its essential 
qualities, its real character. There is probably 
more ground for this assertion in the case 
of English than of American parties. If the 
American people were divided by horizontal 
lines into classes representing differing in- 
terests, parties advocating those interests 
would be likely to emerge; but even then one 
party would be found filching the principles of 
its opponent in order to get votes and office. 
Possibly it may be said that the American 
parties have had continuing characters and 
qualities; that one is more idealistic than the 
other, more responsive to popular desires, more 
impressionable, more likely to respond to the 
wishes of the people, less in sympathy with 
business interests and with social sobriety and 
inactivity; the other stands for effective and 
systematic government, for order, system and 
the conservation of economic interests. Thus 
the Democratic party — assuming that there 
has been one party all the time — from Jeffer- 
son to Wilson has been, it is said, the party of 
idealism and popular hopefulness; its oppon- 
ent has been conservative. There is consider- 
able truth in these assertions; but they are 
mixed with some error. The Democratic party 
started doubtless as a party of idealism; but 
it did not always remain so. The Republican 
party started as a party of idealism repre- 
senting a great popular upheaval against in- 
trenched interests, and, though it did absorb 
some of the old Whig notions, it was at the 
beginning composed of the farmers and the 
great middle class of the North. But changes 
come in all parties; the party out of power 
reaches out for helpful issues, for popular 
support; the party in power, tends to become 
satisfied with existing conditions; its very 
success has had the effect of attracting the 
conservative elements of the community. 

Party Funds. — As parties are certainly in 
one sense great governmental institutions, 
they need funds. In fact, however we may de- 
fine them, they cannot do the great work they 
are charged with in the popular state without 
money. Thus party financing has been in 
the past and is today a serious undertaking. 
If parties and party managements are to be 
subject to popular control, there must be 
popular control of the sources of income. It 
is true of party managers as of other people 
that whence their treasure comes, there will 
their hearts be also. Mr. Bryce has said that 
the number of party agents in this country is 
so large that he can form no estimate of its 
size, "save that it must be counted by hundreds 
of thousands, inasmuch as it practically in- 
cludes all office holders and most expectants of 
public office." But we must include, too, the 
great number of men employed as party work- 
ers who are not in office or planning to obtain 
office themselves. With these facts in mind, it 
is not an exaggeration probably to say, as 
Professor Ford has said, that the "machinery 



PAKTY, PLACE AND SIGNIFICANCE OF 



of control in American government requires 
more people to tend and work it than all other 
political machinery in the rest of the civilized 
world." If we leave out of account all office- 
holders and their salaries, the expenditure of 
money is still enormous. In the past the cost 
has been met by voluntary subscriptions, by 
giving office to party workers to pay party 
debts (see Spoils System), by assessments 
on office holders, by contributions from those 
desiring governmental favor, by payments from 
those fearing interference. The problem of the 
present and the future is to devise methods of 
controlling party finances and to discover such 
reputable sources for funds that parties can 
work for public interest. 

Constitutional Effect. — The political party 
has had great influence on the growth of our 
constitutional system. The party system, 
for example, necessitated the adoption of the 
Twelfth Amendment. It has, moreover, shaped 
the constitutional organization to the needs 
of its own being and accomplished this without 
actually changing the written document. The 
most open and obvious intent of the Constitu- 
tion of the United States is to provide for a 
federal state, a composite state with a high de- 
gree of decentralization. But in the early 
years of the Constitution parties were formed, 
and they were national, not federal, parties. 
The federal organization of parties would have 
necessitated a series of parties, disassociated, 
one devoted to policies of the national govern- 
ment and intent on filling its offices; others 
taken up with the specific problems of their 
respective states. Though parties have in their 
make up, by their committees and their of- 
ficers, recognized the existence of states, of 
counties and even wards, the parties are not 
local parties; state issues are largely subordi- 
nated to the needs of the national organization. 
National sentiment no doubt accounted in part 
for national parties, but by their very exis- 
tence they promoted nationalism and gradually 
took the life out of federalism. A strange 
but enlightening paradox is this — that the 
party which, nominally at least, stood for local 
state's rights, whose principles were thought 
to be the principles of decentralization, should 
have developed into a national party of sur- 
prising vigor, which was itself a great institu- 
tion of continental dimensions, and which by 
its very life made for nationalism. The Demo- 
cratic party was a great national institution 
from 1801 to 1860; and when it split in the 
latter year, it was apparent that the formal 
legal Union under the law was in danger of 
disappearing. 

The method provided by the Constitution 
for the election of Senators has been of special 
effect in transforming the federal state into 
a unitary state (Art. I, Sec. iii). And this 
again is paradoxical if not astonishing, for the 
Senate was constituted as it was by the fram- 
ers of the Constitution partly to preserve the 



federal principle. But the predominant in- 
terests of the unitary party could not allow 
any such arrangement as this to stand in its 
way. Not only were Senators chosen from 
the states under the direction of the party 
leaders, but the choice of state legislators was 
determined by national party differences, be- 
cause legislatures elected Senators. It was im- 
possible to select a state government on state 
issues; the real separate life, the real self- 
determination of the individual commonwealth 
was largely destroyed even in its own internal 
political life. The whole effect of party his- 
tory shows not only the vitality of parties, but 
also the comparative simplicity of nationalism 
and of unitary organization as compared with 
the complexity of federalism. It has illustrat- 
ed the difficulty of maintaining the essential 
qualities of federalism under the collective 
influences of modern life. 

Conservative Influence. — American parties 
have had great influence in giving stability, 
in overcoming tendencies to disintegration and 
mere individualism. When one considers the 
conditions of American life in the nineteenth 
century, the absence of tradition, the want of 
any inherited social regime, the general free- 
dom from social restraint or pressure, one is 
led to realize the great solidifying and har- 
monizing force of political parties — the single, 
vital, social institution which could absorb 
the interest, enthusiasm and spirit of the 
whole nation. The stronger the organization, 
the greater the restraint upon individual ca- 
price; for individualism and organization are 
mutually contradictory. In almost every other 
walk in life America has displayed individu- 
alism and diversity. Even industry, which in 
recent years has come under the sway of or- 
ganization, was for a long time purely compet- 
itive; in religion we have sects that are num- 
bered by the score; but native capacity for 
politics has enabled the American people to 
maintain two parties, and parties once fairly 
under way have helped to make and maintain 
an American people. 

See Boss; Campaign Funds; Caucus; 
Committees, Party; Convention, Political; 
Independent Movements in Politics; Ma- 
chine, Political; Nominating Systems; Or- 
ganization; Party Finance; Party Organi- 
zation; Primary, Direct; Reform Move- 
ments; Tammany; Third Parties. 

References: H. J. Ford, Rise and Growth of 
Am. Politics (1898) ; J. Macy, Party Organiza- 
tion and Machinery (1904) ; J. A. Woodburn, 
Pol. Parties and Party Problems (1903), 151- 
305 ; M. Ostrogorski, Democracy and the Party 
System (1910) ; J. Bryce, Am. Commonwealth 
(1910); A. C. McLaughlin, The Courts, the 
Constitution, and Parties (1912) ; E. L. God- 
kin, Problems of Modern Democracy (1896), 
275-310; W. T. Wilson, Constitutional Gov- 
ernment in U. 8. (1908), 204-13. 

Andrew C. McLaughlin. 



644 



PARTY SYSTEM IN DOUBTFUL STATES 



PARTY SYSTEM IN DOUBTFUL STATES 



Party Activity. — The doubtful state is one in 
which the strength of the two leading parties 
is about equally matched. Here, as nowhere 
else in the country, do we find a complete 
exhibition of the dual-party system at work in 
the fullest detail. Here are balance of forces 
and a constant political struggle. Such states 
are our best agents for maintaining true party 
rule in opposition to the tendency toward boss 
rule. Wherever a state becomes politically 
"sure" the party system of government tends 
to break down in favor of the less demo- 
cratic control by a political machine or boss. 
Such is the condition in Pennsylvania (see 
Party Organization in California ; in Penn- 
sylvania). But where two parties really 
contend, two machines are in operation and 
greater public interest in politics is secured. 
Where one party is almost certain to keep 
the power in its own hands, the opposite 
machine limits itself to criticism and fault- 
finding; but where the outcome of every 
election is in doubt each party is fully or- 
ganized, and the one out of office is ready with 
its corps of workers to step in and make good 
its claim to greater efficiency and power. This 
means better organization both in the admin- 
istration of the state and in opposition to the 
party in power. More members of the party 
are engaged in active party work. Both parties 
perform their natural and important function 
as critics who watch over one another for evil. 
In such communities the public is better edu- 
cated than in other parts of the country. Both 
machines watch the individual voter and the 
prospective voter. They furnish him with 
abundant party literature. Workers engage 
him in political discussion. Citizens of doubt- 
ful states are treated to a disproportionate 
amount of the most effective political debat- 
ing that can be secured. Not only do the 
strong party workers of their own state devote 
much time and energy to their enlightenment, 
but national leaders also seek to influence them. 
As a result of all this educational work a 
larger precentage of voters than elsewhere 
actually exercise their franchise privileges and 
share in affairs of state. 

Doubtful States and the Presidency. — Under 
our electoral system the real decision as to the 
presidency usually rests with a few states. 
Consequently in a presidential campaign the 
attention of the whole country is turned toward 
those doubtful states whose electoral vote is 
large enough to determine the result. Some- 
times New York alone has turned the scale, 
and this state with Ohio and Indiana practical- 
ly determines the fate of the nation. It fol- 
lows, naturally, that these states are most 
frequently the home of aspirants to the presi- 



dency. Since the Civil War, with but two ex- 
ceptions, every successful candidate for the 
chief magistracy has been a resident of one of 
these three states. General Grant was elected 
on the strength of his military reputation. The 
most persistent leader of the Democratic party 
in recent years, who comes from a politically 
unimportant state, has won attention by his 
personal powers. In general, however, the na- 
tional parties select their candidates from un- 
certain areas where a strong and varied appeal 
on personal grounds can be made to all types 
of citizens. State and local pride, personal 
friendship and even less worthy motives are 
all relied upon to aid in swinging the vote 
toward the local candidate for national honor. 

Senators from Doubtful States. — The aspira- 
tions of members of the party machine af- 
fects the status of Senators from their states. 
In a "sure" state the senatorship stands at the 
top of the political ladder. The man who has 
reached that position is likely to be returned 
again and again and to continue as the ac- 
knowledged leader of his party. In Pennsyl- 
vania, for instance, the head of the machine is 
one of the Senators, and so completely has he 
dominated his state that the Representatives 
have practically no voice in the distribution of 
federal patronage. But where the Senator is 
surrounded by men who are looking toward 
a v higher position than his, he is constantly in 
danger of being forced to yield his position as 
leader to a governor who is a candidate for 
presidential nomination. In New York, for 
example, successful Senators who have con- 
trolled the state machine and distributed fed- 
eral patronage have repeatedly been forced to 
yield precedence to a governor who has be- 
come a presidential candidate. These consider- 
ations affect only those doubtful states whose 
electoral vote is large enough to be of deter- 
mining influence in the nation. 

In all doubtful states the uncertainty of 
continued reelection also tends to break down 
senatorial prestige and to force the Senator 
to take a prominent share in local politics. 
He must first suppress faction and dissension 
within his own party. The precarious situa- 
tion of the party, in and of itself, tends to re- 
duce faction and to produce a united organiza- 
tion. Upon this unity the Senator's seat de- 
pends. He must be active in all elections with- 
in the state, for in every state where members 
of the state senate are elected for a term of 
four years the safety of one of the national 
Senators is endangered in each legislative elec- 
tion. 

The national congressional committee is 
much more closely in touch with doubtful 
states than with others, where, so far as the 



645 



PARTY SYSTEM IN EUROPE 



committee is concerned, the election of con- 
gressmen rather goes by default. The con- 
gressional district is usually of much greater 
importance in a doubtful state organization 
than elsewhere. In Indiana, where the county 
committee is the chief political organ in small- 
er areas, the district committee, as such, has 
few duties; but the state central committee, 
composed of thirteen members, one for each con- 
gressional district, has command of the entire 
party campaign in the state. The member for 
each district acts as committeeman for his con- 
gressional candidate. Thus all party efforts 
are centralized in the one organization and 
are most efficiently managed. From all this 
it is clear that the fate of the doubtful state 
is closely bound to that of the nation as a whole 
and receives much more than its due share 
of public debate and interest. The great ad- 
vantage of this situation is that the voter, here, 
really holds his normal power and is more 
able to exercise it with intelligence than is 
usually the case. One peculiar disadvantage of 
such a situation, which has appeared in all 
doubtful states, but especially in Indiana and 
Ohio, is the tendency to corrupt control through 
the purchase of votes. 

New York as a Doubtful State. — A word 
should be added about the state of New York, 
which is apparently an exception to the state- 
ment that bossism does not flourish in a doubt- 
ful state. New York is peculiar in certain 
very important respects. Here the element 
of doubt arises from the existence of a vast 



Democratic city pitted against a powerful Re- 
publican state. New York also has a very 
much larger federal patronage to dispose of 
than has any other state. The city of New 
York is the center of corporate interests and 
corporate control for the entire nation. This 
condition spreads over into New Jersey, which 
shares in the power of New York over the cor- 
porations of the country. In Pennsylvania 
local corporate control is thorough-going and 
complete, and the party system is practically 
destroyed. In New York such control is more 
extensive but less thorough. Disruption arises 
from the fact that two party organs are 
maintained and real party battles commanding 
the attention of the entire country are fought. 
Here both the good and the bad qualities of 
party government are displayed. It is good 
to have a real contest for the power, but the 
use of the spoils of office as a weapon in the 
contest, and the influence of corporations tend 
to maintain corrupt political machines. 

See Boss and Boss System of Party Or- 
ganization; Committees, Party; Machine, 
Political; Organization; Party Organiza- 
tion in -Massachusetts ; Party System in 
Sure States. 

References: J. Macy, Party Organization and 
Machinery (2d ed., 1912), ch. xiii; M. Ostro- 
gorski, Democracy and the Party System 

(1910), 155, 204, 221, Democracy and the Or- 
ganization of Political Parties (1902), II, 307, 
340, 344, 362; J. Bryce, Am. Commonwealth 

(4th ed., 1910), II, 32. Jesse Macy. 



PARTY SYSTEM IN EUROPE 



Nature of Party System. — Political parties 
are as old as politics, but the party system, 
as the term is used by political scientists, is 
characteristic of modern representative institu- 
tions. A striking feature in the development 
of modern representative institutions has been 
the concomitant development of popular gov- 
ernment. Yet representative government is not 
necessarily popular government. Representa- 
tive institutions provide an opportunity for 
popular control of governmental activity. 
They do not in themselves supply that control. 
The individual voter under representative in- 
stitutions is ineffective without organization. 
He can increase his effectiveness by combining 
with others for the purpose of concentrating 
their votes upon mutually acceptable candi- 
dates. The more comprehensive the combina- 
tion, the more effective is the electoral power 
of the individuals associated together. A ma- 
jority, acting together, can exercise the elec- 
toral power of the whole. A political party 
is simply a combination of voters for the pur- 
pose of influencing elections to public office, 
and the party system is the instrument by 



means of which representative institutions are 
made amenable to popular control. The party 
system has appeared in the various countries 
on the continent of Europe with the introduc- 
tion of representative institutions, and it has 
developed with the progress of popular govern- 
ment. In Russia, where representative insti- 
tutions are of recent growth, and the progress 
of popular government has been slight, the 
party system exists in a rudimentary and in- 
effective form. In Belgium, where representa- 
tive institutions are of longer standing and an 
advanced stage in the progress of popular gov- 
ernment has been reached, the party system is 
highly developed and vigorous. In all con- 
tinental countries with the parliamentary form 
of government (see Cabinet System; Minis- 
terial Responsibility), the party system 
plays an important part in the maintenance 
of working relations between the executive and 
legislative branches of government. In coun- 
tries without ministerial responsibility to par- 
liament, the party system is not relied upon 
to constitute the connecting link between Cabi- 
net and country. France is the most familiar 



646 



PARTY SYSTEM IN EUROPE 



illustration of the former type; the German 
Empire, of the latter. In general, the more 
popular the character of the representative in- 
stitutions of a country, the more conspicuous 
is the participation of political parties in the 
conduct of affairs of state. 

Importance of Party System. — The impor- 
tance of the party system in a country depends 
not only upon the nature of its political in- 
stitutions, but also upon the character of the 
work the parties are required to perform. 
Their chief functions everywhere are the 
selection of candidates for public office, and 
the formulation of political programs among 
which the people can indicate their preference 
by supporting the corresponding party candi- 
dates. Throughout the continent of Europe 
these tasks are much less heavy than in the 
United States. Elections are less frequent, 
and there are fewer offices to be filled by popu- 
lar vote. Judicial offices are never filled by 
popular election, and executive offices only in 
the cantons of Switzerland. Elsewhere execu- 
tive officers are selected by or on behalf of the 
dominant parliamentary parties or coalitions 
of groups, or are appointed without regard to 
partisan considerations by monarchical au- 
thority. In Switzerland, however, representa- 
tive institutions have been modified by the 
establishment of procedure for direct legisla- 
tion by the people, and the party system has 
been relieved of a portion of the burden placed 
upon it under a purely representative form of 
government. It continues to provide for the 
selection of candidates, but has surrendered in 
part its function of formulating political pro- 
grams. Even in the most popularly governed 
of the continental European countries, there- 
fore, the political importance of the party sys- 
tem is less than in the United States. On the 
other hand, restriction of the work of political 
parties within reasonable limits undoubtedly 
increases the effectiveness of the party as an 
instrument of popular government. 

The effectiveness of party organization de- 
pends furthermore upon the number of parties. 
The most effective party system is that of two 
fairly matched parties, competing against one 
another for the support of a majority of the 
electorate. This is the traditional British 
system, but on the continent parties are more 
numerous. In France, the 597 members of 
the chamber of deputies chosen at the general 
election of May, 1910, were distributed among 
seven separate political organizations : Reac- 
tionaires ( 71 ) , Nationalistes ( 17 ) , Progres- 
sistes (62), RepuhUcains de gauche (94), 
Radicalise et radicaux-socialistes (249), Socia- 
listes independents (29), and Socialistes uni- 
fies ( 75 ) . In Germany, the distribution of the 
397 members of the Reichstag, according to 
the official party lists published at the be- 
ginning of the twelfth legislative period 
( 1907 ) , was as follows : Eonservativen ( 62 ) , 
Reichspartei (25), Deutsche Reformpartei 



(6), Wirtschaftliche Vereinigung (19), Zent- 
rum or Catholic party (105), Polen (20), Na- 
tionalliberalen (55), Freisinnige Vereinigung 
(14), Freisinnige Volkspartei (28), Deutsche 
Volkspartei (7), Sozialdemokraten (43), and 
Independent (13), making altogether a dozen 
different groups. In Russia, the elections to 
the third Duma resulted in the distribution of 
439 deputies among no less than seventeen dif- 
ferent groups. In general, the more numerous 
the groups, the less effective is the party sys- 
tem as an instrument of popular government. 

Development of Party System. — Modern rep- 
resentative institutions were generally estab- 
lished on the continent of Europe in conscious 
imitation of British parliamentary govern- 
ment. It was not possible, however, by legal 
enactment to establish the two-party system, 
as required for the most successful operation 
of the cabinet system of government. Nowhere 
on the continent did two fairly matched parties 
spring immediately into existence. Continen- 
tal Cabinets, therefore, have been compelled to 
seek support from coalitions of more or less 
inharmonious groups. In those continental 
countries in which the government of the day 
has been dependent for its existence upon the 
confidence of a majority of parliament, such 
as, for example, France and Italy, the effect 
of the subdivision of parties has been the in- 
stability of ministries. In such countries, the 
average duration of ministries has been short, 
and the conduct of affairs has been frequently 
marked by vacillation and weakness. In those 
countries, on the other hand, in which the exe- 
cutive has been less dependent upon legislative 
support, such as for example, Germany and 
Austria, the effect of the subdivision of parties 
has been the subordination of legislative au- 
thority. Government has been marked by a 
high degree of administrative efficiency and a 
low degree of popular control. The combina- 
tion of a high degree of both administrative 
efficiency and popular control under a repre- 
sentative form of government seems possible 
only through the development of powerful 
party organizations as under the traditional 
British two-party system. 

The subdivision of parties on the continent 
of Europe is practically recognized in the seat- 
ing arrangements of the parliamentary cham- 
bers. The members of each group are seated 
together, the extreme conservatives at the right 
of the speaker, the extreme radicals at the 
left, the moderate groups scattered through the 
center. European parties are accordingly 
commonly referred to by the position they oc- 
cupy in the chamber. Party management is 
largely vested in the parliamentary caucus. 
The Socialists alone are in the habit of holding 
delegate conventions, and even these confine 
their activity to the discussion of party pro- 
grams and tactics. In general, platforms are 
promulgated by each parliamentary group on 
the eve of a fresh election. 



647 



PARTY SYSTEM IN EUROPE 



The causes of the subdivision of parties on 
the continent of Europe are many and various. 
Some lie in the nature of the electorates. 
Many Germans, for example, are not yet recon- 
ciled to the establishment of the empire, just 
as many Frenchmen are not yet reconciled to 
the establishment of the republic. These ir- 
reconcilables, whether called Poles or Alsatians 
as in Germany, or Royalists or Imperialists as 
in France, persistently maintain their partisan 
independence, regardless of the theoretical ad- 
vantages of the two-party system. In several 
countries peculiar relations between church 
and state have given rise to separate clerical 
parties, and in Europe generally the class 
consciousness of the different strata of society 
has stimulated the subdivision of parties. 
Other causes of the state of parties lie in the 
nature of the political machinery in use on 
the continent of Europe. The method of elect- 
ing members of many continental parliaments, 
known as the ballottage, and the method 
of selecting committees through the instru- 
mentality of legislative bureaus (see), both 
tend to impede the combination of minor 
groups into major political organizations. In 
Belgium and Sweden, and in parts of Germany 
and Austria, in Servia, and in several of the 
Swiss cantons the system of proportional rep- 
resentation directly encourages the subdivision 
of parties. In short, racial, religious, and 
social, as well as political, differences have led 
to the organization of numerous parties in 
European countries, and the continental al- 
terations in the structure of parliamentary 
institutions have not been calculated to coun- 
teract the lack of homogeneity in the elector- 
•ates. 

Significance of Party System. — Political par- 
ties are instruments of government. Legal 
recognition might therefore be accorded to 
them, and even the test of party affiliation be 
legally defined. This has been done in many 
American states by legislation concerning pri- 
mary elections. On the continent of Europe, 
however, the state has taken very little official 
notice of the organization and activity of polit- 
ical parties. Legislation authorizing the use 
of party designations on official ballots, estab- 
lishing the party column, or regulating the 
conduct of primaries and conventions, is un- 
known in Europe. On the other hand, the re- 
cent introduction of proportional representa- 
tion (see Minority Representation) denotes 
a growing recognition of the significance of 
the party system. Indeed, the ballottage or 
second ballot for the choice of popular repre- 
sentatives when no candidate receives a ma- 
jority at the first ballot, is substantially an 
official nominating system, and subserves the 
same purpose as a delegate convention or pri- 
mary election in securing the concentration of 
likeminded voters upon the most available can- 
didate. Thus in effect one of the functions 
of the political party is partially assumed by 



the state in many continental countries. The 
main purpose of the party system, however, is 
to enable the people to make the most effective 
use of representative institutions. The correct 
relation between democracy and the organiza- 
tion of political parties is well understood on 
the continent of Europe, and the most sig- 
nificant indication of the rising tide of dem- 
ocracy in Europe today is the increasing ef- 
fectiveness of the party system. 

Organization or Management of Parties. — 
Party organization on the continent of Europe 
is as various as the character of the parties. 
The aristocratic parties possess aristocratic 
organizations; the democratic parties, demo- 
cratic organizations. But nowhere on the con- 
tinent of Europe is party organization as elab- 
orate or as comprehensive as in the United 
States. The national or state delegate conven- 
tion for the purpose of nominating candidates 
is unnecessary, because there are no candidates 
to be elected by nation or state at large. The 
only candidates to be nominated, as a rule, are 
members of legislative bodies chosen in com- 
pact single-member districts. Such candidates 
are always adopted, as the phrase goes, by the 
district party club, if the party be an aristo- 
cratic one, or at a primary held in the form of 
a mass meeting of the party members, if the 
party be a democratic one. In either case, the 
candidate may be, and frequently is, suggested 
upon application from the local leaders by 
the central party organization. The practice 
of requiring condidates to be residents of their 
districts is unknown. The central organization 
consists primarily of what Americans would 
call the party caucus of the party members 
of. the Parliament or Reichstag or national leg- 
islature, whatsoever it may be called. This 
caucus elects a permanent organization, con- 
sisting of an executive committee, which or- 
ganizes by selecting a chairman and other ap- 
propriate officers. This committee usually 
maintains permanent headquarters at the capi- 
tal, employs a paid secretary, handles the 
party funds, controls the policy of the party 
press, determines the attitude of the party 
towards the issues of the day as formulated 
by the government in office, calls meetings of 
the caucus, and in general conducts the party's 
affairs. Some parties hold annual congresses, 
at which questions of party policy or tactics 
are discussed by delegates of the district clubs 
together with the members of the party caucus, 
but in general continental European parties 
are managed mainly from headquarters, the 
local workers being content to follow where 
the leaders lead. The most elaborate and 
comprehensive party organization in Europe 
is that of the German Social Democrats. This 
party has an annual congress, a thorough sys- 
tem of party enrolment and of regular dues, 
subject to publicity of receipts and expendi- 
tures, a well-regulated press, and a well-de- 
veloped publicity office. It systematically edu- 



648 



PARTY SYSTEM IN SURE STATES 



cates its members, and even provides tliem with 
socialistic entertainment as well as instruction. 
In 1911, the party reported an enrollment of 
836,562 members, and local organizations in 
383 of the 397 Reichstag districts. It owned 
81 newspapers, and one comic weekly with 
307,000 subscribers. The total income of the 
party during the year was $339,440. 

See Pakty Government, Comparative; 
Party Government in Great Britain; Party 
Organization; Party, Place and Signifi- 
cance of; Suffrage in European Countries. 

References: L. Dupriez, Les Ministres dans 
les Principaux Pays d'Europe et d'Amerique 
(1892-1893); A. L. Lowell, Government and 
Parties in Continental Europe (1896) ; "The 
Latest Age," in Cambridge Modem History, 
XII (1910). A. N. Holcombe. 

PARTY SYSTEM IN SURE STATES. The 

meaning of "sure state" is government by one 
political organization. There are, besides the 
southern states where the race question has 
rendered politics abnormal, a number of states 
which may be counted as "sure" or "safe" for 
one party or the other. Such states exhibit 
almost all grades of organization between two 
types which may conveniently be termed the 
Pennsylvania type and the Iowa type. 

Machine Type.— To the former type belong 
such states as Pennsylvania and Rhode Island. 
In these commonwealths a fully developed ma- 
chine is operated by a leader, or boss, who is in 
complete control. The machine is usually well 
subsidized by one or more corporations in 
whose interest it is "run," and there is fre- 
quently at least one large metropolitan area in 
which the peculiar opportunities of the city 
boss and the ward heeler are found. The 
opposite party has here been reduced to a 
mere adjunct, if not to an integral part, of 
the main machine which crushes all individual 
initiative and all effective revolt among the 
voters. The feeling is aroused, or rather dully 
admitted, that efforts to break the power of 
the machine will be vain and the state con- 
tinues to return safe majorities at all elec- 
tions. So long as no successful and permanent 
revolt is carried through, such a state remains 
"safe" in the political sense. 

The other extreme in party management is 
represented by Iowa, Vermont or Maine, where 
the party of the minority may occasionally 
triumph but where the established preference 
is for one party. Here the machine is not 
unknown and may even have a large influence, 
but it nowhere dominates its constituents. The 
party majority is composed mainly of honest 
voters who believe in their party and vote 
from principle. Their superior numbers rather 
than their better organization tend to weaken 
the party of the opposition and to discourage 
its workers. In such states no large cities 
where an ignorant vote is massed furnish op- 
portunity for a city boss strong enough to 



overshadow the state, and the state boss, if 
he exists, is far from being all powerful. Sure 
states exhibit all degrees of corruption and of 
subservience to boss rule. The presence of 
large cities tends to develop corruption, as do 
large corporations that depend on favorable 
legislation. Lack of normal conditions of 
party government stimulates the development 
of unworthy influences in the party machine. 
Such states make it clear that no one party 
should have continued power in a democracy. 
As party government declines factions begin 
to rise. Because one party comprises most of 
the voters of the state it must not be assumed 
that all are of one mind. Where the all-power- 
ful fear of loss of party control is removed, 
rivalry for control of the machine is sure to 
grow. The primary then receives more general 
interest than the regular election which fol- 
lows. The primary also tends still more to 
weaken the opposing party, for the members, 
feeling that their own organization is fore- 
doomed to failure, are strongly tempted to 
express their preferences in the primaries of 
the other party. 

Senatorial Leadership. — In the sure state 
senatorial control reaches its highest efficiency. 
Once assured of a seat in the Senate the poli- 
tician is able to make his influence felt 
throughout his home state and to increase his 
power in the nation at large. He is acknowl- 
edged as a leader of his party arid can develop 
a state-wide machine which will be able to 
crush all factions and to return a constant 
and sure majority. The average voter in a 
sure state finds his individual power much 
less than that of the citizen in a doubtful state. 
In order to make his voice heard he must be- 
long to the dominant organization. If he is a 
machine man and willing to sink his individual- 
ity in the mass he may rise through its ranks 
to a position of power, but if he does not 
agree with the machine he is much less able 
here than elsewhere to make his opposition 
effective. The citizen who takes little interest 
in politics finds his natural indifference re- 
spected, for his uninstructed vote swells the 
machine majority. This does not mean that 
the machine ignores him; it does not. Con- 
stant and skillful herding keeps the machine 
supporters within the political fold; but he is 
kept like a sheep that is expected blindly to 
follow its leaders. No effort is made here as 
in the doubtful state to develop his knowledge 
of political affairs or to appeal to his individu- 
al judgment. 

See Boss and the Boss System of Party 
Organization; Committees, Party; Doubtful- 
States, Party System in; Machine, Politi- 
cal; Party Organization in California; 
Party Organization in Pennsylvania. 

References: J. Macy, Party Organization 
(1904), chs. ix-xii, xiv, xviii; J. Bryce, Am. 
Commonwealth (4th ed., 1910), II, 32 et seq. 

Jesse Macy. 



649 



PASSENGERS' BAGGAGE, DUTIES ON— PATENT OFFICE 



PASSENGERS' BAGGAGE, DUTIES ON. 

The collection of duties on the baggage of in- 
coming passengers to the United States has 
for many years been a source of irritation in 
the administration of the customs law. Ameri- 
cans who make an occasional trip to Europe 
for the purpose of sight-seeing and bring back 
articles purchased abroad packed in trunks 
and usually of limited value, object to the an- 
noying vexations of the examination of bag- 
gage as well as to the payment of duties. On 
the other hand consistency in the interest of 
a protective system demands that all goods of 
the same kind, whether brought as baggage or 
imported in cases by merchants, should pay 
the same tax. Under the tariff act of 1909 
passengers might bring in free of duty wearing 
apparel, articles of personal adornment, toilet 
articles and similar personal effects purchased 
abroad appropriate for immediate personal 
use, not exceeding in value $100. Such ex- 
ception, however, did not apply to articles 
designed for household use, souvenirs, or gifts; 
and it was because of this latter restriction ap- 
plied to an enormous number of petty entries 
that the indignation of travelers was particu- 
larly aroused. The result was a demoralized 
popular sentiment in regard to smuggling. 
According to Secretary MacVeagh (1910) 
"cheating the Government, making false state- 
ments, and bribing officials was regarded as a 
joke"; and irregularities of the service made 
the Atlantic steamships "open runways" for 
professional smuggling. In 1909 a determined 
and partially successful effort was made to 
check the evil, especially by Collector Loeb of 
New York, and the duties collected at the 
ports of New York and Boston on passenger 
baggage increased in a single year from $470,- 
000 to $1,800,000. The provisions of the tariff 
act of 1913 were more liberal, including house- 
hold goods, gifts and souvenirs among the ar- 
ticles to be admitted free of duty under the 
exemption clause. See Appkaisal of Import- 
ed Goods for Duties; Tariff Administra- 
tion. Reference: V. 8. Finance Report, 1910, 
10-11. D. R. D. 

PASSPORT. An official document establish- 
ing the identity of the person named. The 
United States passport requests that the per- 
son named be permitted "safely and freely 
to pass and in case of need" be given, "all law- 
ful aid and protection." See Citizenship in 
the United States ; Protection of American 
Citizens Abroad; Russia, Diplomatic Rela- 
tion with. G. G. W. 

PASTERS. A narrow strip of gummed pa- 
per bearing the name of a candidate, used to 
cover over and replace the name of a candidate 
on the regular party ticket, thus facilitating 
the voting of a "split" ticket. The practice 
was much in vogue before the advent of the 
Australian ballot. 0. C. H. 



PATENT OFFICE. Before the adoption of 
the national Constitution, giving to Congress 
the power "to promote the progress of science 
and the useful arts, by securing for limited 
times, to authors and inventors, the exclusive 
right to their respective writings and discover- 
ies" (Art. I, Sec. viii, *[[ 8), American patents 
were granted by the several states. Inventors 
have preferred the advantages of a national 
patent, and hence state offices have ceased to 
exist. The question as to whether the states 
could grant them has never been passed upon 
by the courts. 

As now organized, the Patent Office consists 
of the commissioner of patents, an assistant 
commissioner of patents, a board of examiners 
and chief, and a large staff of examiners, clerks 
and attendants. There were 939 employees 
in the Patent Office in the year 1911, an in- 
crease of two-fifths over the number employed 
in 1899. The office is entirely supported by 
fees and the receipts have usually exceeded the 
expenditures. In 1911 the receipts from all 
sources amounted to $2,019,388.03, the ex- 
penditures to $1,953,689.91, the surplus for 
the year being $65,698.12. The total net sur- 
plus earnings of the Patent Office deposited in 
the treasury of the United States is now 
$7,063,925.76. The receipts for 1911 were 52 
per cent greater than for 1899. 

Until 1830 patents were granted upon ap- 
plication without investigation as to the novel- 
ty or utility of the invention, the patentee as- 
suming the risk of having his grant nullified 
on proof that he was not the first inventor. 
During that time a total of 9,957 patents were 
issued. Then an act was passed providing that 
the commissioner of patents was to issue the 
grant only after thorough investigation. The 
investigations of the Patent Office are not con- 
clusive in the face of subsequent proof of prior 
invention, hence the numerous infringement 
cases that arise in the courts. Up to and in- 
cluding the year 1911, the Patent Office issued 
a total of 1,023,051 patents (including the 
9,957 issued prior to July 1, 1836). The total 
number of patents issued from the earliest 
period to December 31, 1911, by all the other 
foreign countries combined, totals 2,242,095, 
thus showing that the United States Patent 
Office issues about one-third of all the patents 
granted in the world. In 1911, the total num- 
ber of applications was 69,121; 29,801 patents 
and letters patent for designs were issued to 
citizens of the United States, and 4,058 to 
citizens of foreign countries. The Patent Of- 
fice keeps records not only of patents but also 
of designs (first authorized in 1842), trade 
marks (first authorized in 1870), labels (first 
authorized in 1874) and prints (first au- 
thorized in 1893). 

The Patent Office issues weekly the Official 
Gazette of the United States Patent Office, a 
thick volume Which contains descriptions of 
the patents granted and reissued, the designs 



650 



PATENTS 



patented, the applications for registration of 
trade marks, the trade marks registered, the 
labels and prints registered, the commissioner's 
decisions, the important decisions of the courts, 
the adjudicated changes in the classification 
of patents, and "interference" notices. The 
Office keeps up a scientific library, the number 
of volumes therein now being about fifty 
thousand. 

See Interior, Department of ; Monopolies ; 
Patents. 

References: Commissioner of Patents, Annu- 
al Reports; U. S. Patent Office, Official Ga- 
zette; J. A. Fairlie, National Administration of 
the U. 8. (1905), 21, 71, 208-212. 

Clyde L. King. 

PATENTS. Origin.— Patents have developed 
from grants of monopolies made by the English 
Crown during the last part of the mediaeval 
period. When opposition to these monopoly 
grants arose in the latter part of the sixteenth 
century, the law courts, in 1602, decided that 
monopolies were illegal except when granted 
for a reasonable time for a new invention or 
new trade. In 1623 Parliament confirmed this 
common law doctrine by a statute expressly 
forbidding all grants of monopoly except "let- 
ters patent and grants of privilege — of the 
sole working or making of any manner of new 
manufacture within this realm to the first, 
true inventors." The theory of the patent law 
resembles that of the contract (the public 
agreeing, in consideration of the inventor's 
reporting his invention, that what is new and 
useful shall become his vested right and prop- 
erty for a certain time), and patent rights rest 
upon express statutes and are not common 
law rights. 

Issuance. — Patents are granted in the United 
States for a term of seventeen years. Not 
everything new is an invention, nor is every 
invention patentable. By the present statute 
(R. S. 4886) patents are granted for the fol- 
lowing : 

For any new and useful art, machine, manufac- 
ture or composition of matter, or any new and use- 
ful improvements thereof, not known or used by 
others in this country, before his (the patentee's) 
invention or discovery thereof, and not patented 
or described in any printed publication in this or 
any foreign country, before his (the patentee's) 
invention or discovery thereof, or more than two 
years prior to his application, and not in public- 
use or on sale in this country for more than two 
years prior to his application unless the same has 
proved to have been abandoned. 

The letters patent give to the patentee, his 
heirs or assigns, "the exclusive right to make, 
use and vend the invention or discovery 
throughout the United States and the terri- 
tories thereof." The fees are fifteen dollars on 
filing each original application for a patent, 
and twenty dollars additional upon the issue 
of the patent. 

In 1870 Congress authorized the issuance of 
patents for designs and the registration of 



90 



651 



trade marks. The term and fee for designs 
are ten dollars for a term of three years and 
six months, fifteen dollars for a term of seven 
years, and thirty dollars for a term of four- 
teen years. Trade marks are registered for a 
term of thirty years, the fee being twenty- 
five dollars. 

International Status.— Patents may be is- 
sued to citizens of other countries as well as 
to citizens of the United States. But patents 
granted for inventions previously patented in 
a foreign country must expire at the same 
time as the foreign patent, and in no case 
to be in force over seventeen years. Applica- 
tions for foreign patents to be valid must be 
filed within twelve months (designs — four 
months) after the filing of the application in 
a foreign country. 

For the protection of patentees in all coun- 
tries, the International Union for the Protec- 
tion of Industrial Property holds decennial 
conferences and makes recommendations as to 
changes in the patent law. Until recently the 
laws of nearly .all nations provided that pat- 
ents of all patentees not nationals should be 
revoked unless the patentees manufactured or 
worked their patents in the nation passing the 
law within a given period, usually two to 
four years. This necessitated the duplication 
of manufacturing plants, etc., in each of the 
various countries. Through treaties with sev- 
eral countries, especially Germany, these claus- 
es have been withdrawn. The conference of 
the International Union above named, held in 
Washington in 1911, agreed upon a treaty, 
which all the signatory powers were asked to 
ratify, in which it was specifically provided 
that the citizens of each of the contracting 
countries shall enjoy in each of the other 
countries of the Union all "the advantages 
which the respective laws now grant or may 
hereafter grant to the citizens of that country." 

Legal Title. — If an inventor fears that some 
one else may apply for a patent on the same 
thing which he is working to perfect, he may 
file a "caveat" in the United States Patent 
Office. This entitles him, for one year, to 
notices of applications for patents on an in- 
terfering invention, thus giving him time to 
perfect his own. An "interference" is a ju- 
dicial inquiry by the Patent Office between two 
rival inventors of the same thing for the pur- 
pose of ascertaining who is the prior inventor. 
Patents are reissued to remedy defects in the 
specifications. 

In actions for infringements of patents, the 
defendant has to prove one or more of the 
following: (1) that the specifications filed by 
the patentee fraudulently contain less than 
the whole truth, or more than was necessary 
to produce the desired effect; or (2) that 
the patentee had surreptitiously or unjustly 
obtained his patent; (3) that the article had 
been previously patented or described; or (4) 
that the patentee was not the original 



PATENTS TO LAND— PATRONAGE 



and first inventor or discoverer of any sub- 
stantial part of the thing patented; (5) that 
the thing patented had been in public use or on 
sale in this country for more than two years 
before the application for a patent and it had 
not been abandoned by the public. 

Patent law in the United States is in need 
of certain definite amendments. At present 
each circuit court of appeals has final jurisdic- 
tion over infringement suits and other ques- 
tions pertaining to the validity of patents. In 
the past these decisions have frequently been 
opposed to each other. There is needed a sin- 
gle court of patent appeals to bring uniformity 
in the interpretation of the patent law. In 
the second place, greater stringency is needed 
as to the limit of time for completing applica- 
tions (now one year), and as to the limit of 
time for answering final communications. Un- 
der the present statutes, the issue of a patent 
has been known to drag along for nearly 
seventeen years, thus practically doubling the 
period of time for which it was eventually 
granted. A third defect in the patent law, 
brought out by the famous Rotary Mimeograph 
case particularly, is that there is no limit to 
monopoly rights of the patentee who may 
vend upon condition that the purchaser shall 
buy or not buy articles perhaps unpatented. 
The public interests can no longer tolerate 
abuses of such monopoly rights. By act of 
1912, Congress partially prohibited the prac- 
tice. A scheme of compulsory licenses used in 
other countries has been recommended for 
adoption in the United States, whereby the in- 
ventor may be compelled to allow the public 
to make a reasonable use of his invention at 
reasonable prices. The decision (1913) of the 
Supreme Court holding that the patentee could 
not legally fix the price at which his article 
should be retailed by dealers, will go far to- 
wards preventing monopolies and manufac- 
turers from escaping the penalties of the Sher- 
man act under the guise of the exercise of 
patent rights. 

See Interior, Department of; Manufac- 
turing, Relation of Government to; Mo- 
nopolies; Patent Office. 

References: J. A. Fairlie, National Admin- 
istration of the U. 8. (1905), 208-212; W. C. 
Robinson, Law of Patents (1890) ; G. H. 
Knight, The Situation and Its Lessons (1891) ; 
U. S. Patent Office, Official Gazette (weekly). 

Clyde L. King. 

PATENTS TO LAND. The highest title to 
land in the United States is a grant or patent 
from the national or state government. Pat- 
ents for national lands issue from the General 
Land Office, in the name of the United States, 
and are signed by, or for, the President and 
countersigned by the recorder. The form of 
the federal land patents varies, but a fee 
simple title is conferred subject to any speci- 
fied reservations. In private land claims a 



patent only operates as a relinquishment of 
title on the part of the United States and does 
not preclude a judicial decision between claim- 
ants. Patents may be cancelled by the courts 
when procured by fraud. See Land Grants; 
Land Office; Public Lands. Reference: 
Thomas Donaldson, Public Domain (-1884). 

P. J. T. 

PATERNALISM. A social theory advocat- 
ing strict governmental supervision and man- 
agement of the business and social affairs of 
a community; opposed to the laissez faire 
(see) principle. K. F. G. 

PATERSON, WILLIAM. William Paterson 
(1745-1806) was born at sea in 1745. He 
was admitted to the New Jersey bar in 1769. 
He sat in the state constitutional convention 
of 1776, and the same year became attorney 
general, which office he held until 1786. He 
was at the same time a member of the legisla- 
tive council. In 1780-81 he was a delegate 
to the Continental Congress, and in 1787 a 
member of the Federal Convention and one of 
the signers of the Constitution. The so-called 
''New Jersey plan," virtually continuing the 
Confederation but adding the power to regulate 
commerce and raise revenue, was proposed by 
him. In 1789 he was chosen United States 
Senator, but resigned the following year. 
From 1791 to 1793 he was governor of New 
Jersey. In 1793 he was appointed an as- 
sociate justice of the supreme court of the 
United States, which office he held until his 
death. A revision of the laws of New Jersey, 
prepared by him under the authority of the 
legislature, was published at Philadelphia in 
1798-99. He died at Albany, N. Y., Septem- 
ber 9, 1806. See Supreme Court. References: 
M. Farrand, Records of the Federal Convention 
(1911) ; H. L. Carson, Supreme Court of the 
V. 8. (1891). W. MacD. 

PATHFINDER. A sobriquet bestowed upon 
John C. Fremont by his supporters in the cam- 
paign of 1856, in honor of his "path-finding" 
explorations in the region of the Rocky Moun- 
tains and beyond. O. C. H. 

PATRONAGE. How Dispensed.— The habit 
of regarding all offices, emoluments, contracts 
and pensions within the gift of the govern- 
ment as patronage to be dispensed by the party 
machine grows out of the spoils system (see). 
At first, while the patronage was comparative- 
ly small, the evils inherent in the system were 
evident only to a few statesmen; but since 
the Civil War they have become great enough 
to threaten serious disaster and to call for 
civil service reform (see) as a remedy. 

The Constitution of the United States vested 
the right of appointment to office, except in 
special cases, in the President, his selections 
to be confirmed by the Senate (Art. II, Sec. 



652 



PATRONAGE 



ii). Up to the* time of the Civil War the 
President maintained actual as well as nominal 
control of appointments. But during and since 
that period the amount of patronage in the 
national government has vastly increased and 
the political manipulation of appointments has 
become exceedingly complex. Gradually virtu- 
al dictation as to certain offices has been ac- 
quired by the Senators. Senatorial courtesy 
[see Courtesy of the Senate) secures to each 
Senator control over appointments in his own 
state. The Senate, by withholding ratification 
from appointments displeasing to any member, 
has at times forced the executive to recognize 
its claim to a share in the choice of appointees. 
Thus the Senate has secured some of the power 
formerly exercised by the executive. Some 
Senators (see Party Organization in Penn- 
sylvania) prefer to retain all patronage in 
their own hands, distributing it where, in their 
judgment, it "will do the most good." Others 
consult with their Representatives as to ap- 
pointments in their several districts and as to 
those in districts where the opposite party is 
in power. The patronage for states that have 
no representation in Congress of the party in 
power is dispensed by the President and the 
party committees. The Republican use of this 
power in the southern states, where practically 
no effective party organization exists, reacts 
strongly on the national convention of that 
party. Although Congress has encroached up- 
on the power of the President in respect to 
patronage, it cannot entirely destroy his con- 
trol of governmental appointments. No Sen- 
ator or party boss can actually make an ap- 
pointment. In form, the initiative and the 
responsibility are still with the President. 
On the other hand, the fact that certain mem- 
bers of Congress came to be known as dis- 
pensers of patronage gave to the President a 
new and valuable means of influencing con- 
gressional action. 

Presidents and Patronage. — President Lin- 
coln quickly recognized the importance of such 
a relation between the legislative and executive 
departments of government, not only for unit- 
ing the party but also for forcing through de- 
sirable enactments. "He took pains to consult 
everyone who had any right to be heard; but 
controlled everything with a loose yet power- 
ful rein." His use of patronage to secure the 
passage of the Thirteenth Amendment ad- 
mirably shows the possibilities of such a weap- 
on. The transfer of power over appointments 
from the executive to the Senate was effected 
chiefly during Grant's administration and was 
associated with various public scandals which 
strengthened the position of the agitators for 
reform of the civil service. Hayes was defeated 
in fifty-one of his ninety-two contests with the 
Senate over appointments — the largest propor- 
tion and the largest number recorded for any 
one administration; but, by making Carl 
Schurz Secretary of the Interior, he succeeded 



in removing from that department the element 
of reward for party service. In 1881 the con- 
test between President and Senate was brought 
to a crisis by Garfield's struggle with the New 
York Senators, which resulted in their resigna- 
tion and appeal to their state legislature for 
vindication. The emotional recoil from the 
spoils system following the President's assas- 
sination led to their defeat and marks the de- 
cline of the dictatorial power of the Senate. 
Since the repeal of the Tenure of Office Act 
the Senate is in the same legal position that 
it occupied in 1867, but "Senators continue 
unofficially and 'by courtesy' to be the main 
dispensers of patronage." In both his admin- 
istrations Cleveland gave offense to his party 
supporters by his independence in making ap- 
pointments. Both Harrison and McKinley 
used the patronage to secure legislation on 
the tariff question. The recent incident of 
the attempt of President Taft to influence leg- 
islation by withholding patronage from the 
"Insurgents" (see) and the President's own 
confession of its futility operated rather in 
favor than against the "insurgent faction" of 
his party. It shows, also, how the civil service 
reform has affected the popular attitude 
toward offices, even outside of the classified 
service. 

State and Local Patronage. — In most states 
the amount of possible patronage is insufficient 
seriously to affect party organization. There 
are, in each state, a number of public institu- 
tions and commissions whose officers are ap- 
pointed by the governor, with or without the 
cooperation of the legislature. Some states 
carry on extensive systems of public works, 
e. g., the Erie Canal in New York. Fortunately 
education — except in the matter of building 
contracts, supplies, etc. — has usually been con- 
sidered outside the domain of politics, and 
teachers have been chosen primarily with a 
view to fitness for their positions. Through 
the influence and cooperation of Senators fed- 
eral patronage is often combined with that of 
state and city — the machine makes no distinc- 
tion as to the source from which useful favors 
come. 

In the field of state and local government 
the city furnishes the greatest display of the 
misuse of patronage, since elective officers are 
few and appointments numerous. Public 
works give employment to many contractors 
and laborers, especially where the municipality 
operates its own public utilities. There are, 
also, in large cities many federal appointees 
who, under the party system, are all chosen 
by or with the assent of the party boss. This 
combined federal and local patronage has been 
the largest contributing factor in building up 
the corrupt machine (see). The number of 
voters who get or expect to get employment 
in case of a party victory is so large that it 
tends to destroy true party balance. Largely 
because of the need of controlling this power 



653 



PATRONS OF HUSBANDRY— PAUPER LABOR 



in cities several states have already enacted 
civil service laws intended to take most of 
the appointive offices out of politics. 

Patronage and the Party System.— Because 
the party organization has been so largely 
subsidized by the patronage {see Party Fi- 
nance) some writers affirm that our present 
party system cannot continue without this 
partisan use of the offices. That it is not in- 
dispensable to the party is shown in every 
state by the continued existence of the minor- 
ity party unaided by the hope of patronage. 
The doubtful states where the expectation of 
favors may help both parties are comparatively 
few in number. Third parties also continue 
to exist without patronage. Instead of being 
the support of the party system, patronage 
tends rather to its destruction. Patronage is 
in fact a concealed form of bribery; the giving 
of office or contracts as reward for party serv- 
ice works insidious corruption of political 
morality. Unconsciously a large proportion of 
the voters come to regard offices as perquisites 
of the party, as gifts bestowed upon the faith- 
ful, rather than as positions of public trust. 
Horace Bushnell well observed that such a sys- 
tem "would corrupt a nation of angels." When 
corruption has entered through the spoils sys- 
tem it thrives and spreads to other methods of 
political influence. 

An extensive patronage in the hands of one 
party tends to overthrow the entire system of 
political organization by keeping that party 
in permanent control of the government. En- 
trenched behind a wall of places filled by party 
supporters it can defy any party backed by 
mere principles to oust it. This is most clear- 
ly evident in some of the large cities, where 
the hope of federal and city patronage com- 
bined can almost alone be relied upon to main- 
tain the party in power. But the party thus 
strengthened is, in reality, weakened by its 
false security. There are never spoils enougli 
to "go round." The hungry outsiders are envi- 
ous of those who fatten comfortably at the 
party crib, and the ■'ring" which controls the 
distribution of favors comes to be regarded 
with disapproval by the party members who 
receive little or nothing of the political lar- 
gesse. Bitter factions grow up and their selfish 
strife rends the party asunder. The plain 
citizen, asking neither office nor other favors, 
comes to look upon all political activities, as 
mere pursuit of personal gain — elective as well 
as appointive office seeming also a part of the 
spoils controlled by the faction dominating the 
nominating machinery — and too often he re- 
tires in helpless disgust from all participation 
in public affairs. 

The real purpose and end of a dual party 
system is to formulate diverse political views 
?nd present them to the people for choice. The 
party in office should have no better chance 
than its opponent to influence opinion or win 
votes. A sharp line of distinction should be 



preserved between those few offices whose in- 
cumbents are responsible for determining party 
policies and fulfilling party pledges, and those 
the sole business of whose incumbents it is to 
apply and carry out the party principles and 
policies. A change of parties should properly 
involve change only of the few political of- 
ficers, leaving undisturbed the great body of 
administrative minor officials. Then the two 
parties would hold their rightful position be- 
fore the voters, having equal standing and 
making equal appeal for support. This ideal 
is attained under the English cabinet system. 

See Appointments to Office; Boss; Civil 
Service; Courtesy of the Senate; Lobby; 
Machine, Political; Party Finance; Sen- 
ate; Spoils System. 

References: J. G. Blaine, Tiventy Years of 
Congress (1886), II, 267-274, 647-651; C. A. 
Dana, Recollections of the Civil War (1898), 
174-177; C. A. Beard, Am. Government and 
Politics (1910), 189-193; C. R. Fish, Civil 
Service and the Patronage (1905), chs. viii-x; 
P. S. Reinsch, Am. Legislatures (1907), 29, 30, 
86-91; L. G. Tyler, Parties and Patronage in 
U. 8. (1891) ; G. W. Curtis, Orations and Ad- 
dresses (1894), II; W. Wilson, Congressional 
Gov. (12th ed., 1896). Jesse Macy. 



PATRONS OF HUSBANDRY. 

Grangers. 



See 



PATRONS OF INDUSTRY. A name that 
has sometimes been applied to the Grangers 
(see) or the "Patrons of Husbandry." It may, 
also, be a misnomer for the "Sovereigns of 
Industry," an order which was organized in 
1874, in Springfield, Massachusetts, under the 
leadership of William H. Earle, a fruit grower, 
of Worcester. Earle wished to establish an 
order whose membership might be more ex- 
tensive than that of the "Patrons of Hus- 
bandry" (Farmers' Grange) ; so the "Sover- 
eigns of Industry" provided for the admission 
of other industrial workers than farmers. The 
motto of the order was "cooperation," and it 
sought to resist the encroachments of monopo- 
lies and to secure a more equitable system of 
exchanges. A number of cooperative stores 
were established, but these through bad man- 
agement or treachery failed financially. The 
last national council was held at Newark, N. J. 
in March, 1879, when the order was dissolved. 

J. A. W. 

PAUPER LABOR. The term pauper labor 
is applied to all work done at wages below 
those necessary to maintain the American 
standard of living, even though the laborer is 
not really a pauper. The protection of the 
American laborer against the competition of 
the products of pauper labor has been the lead- 
ing argument for the protective tariff policy. 
No similar protection has been accorded 
against the coming of the "pauper laborer" 



654 



PAUPERISM— PAVEMENTS 



himself. Only those who are really paupers, 
and those coming under contract have hitherto 
been debarred by our immigration laws. See 
Coxvict Labor; Free Trade and Protection; 
Immigration; Tariff Commissions; Tariff 
Policy of the United States. Reference: 
J. R. Commons, Races and Immigrants (1907), 
155-59. J. R. C. 

PAUPERISM. See Defective Classes, 
Public Care of; Old Age Pensions; Poverty 
and Poor Relief; Social Reform Problems. 

PAVEMENTS. The word pavement is de- 
rived from the Latin word pavimentum mean- 
ing a "hard surface," a "floor rammed or beaten 
down." 

Authority to Construct Pavements. : — Author- 
ity to construct highways is usually granted 
by state constitutions or legislatures to cor- 
porations, municipalities, and commissions. 
Turnpike companies have found it economical 
not only to grade and surface their turnpikes, 
but also to protect portions of them with some 
form of durable pavement. 

Municipalities are authorized to lay pave- 
ments on highways and in payment for the 
same are empowered to issue municipal bonds 
under certain restrictions; and to assess all 
or a part of the cost of the pavement upon 
real estate abutting on the highway. 

State highway commissions have, in many 
states, within recent years, been authorized to 
construct state highways, using various forms 
of pavements; and in payment therefor the 
state uses its credit by issuing state bonds, 
usually running for ten to thirty years. 

Pavement Assessments. — The practice re- 
garding the assessment of cost of pavements 
varies widely. In many localities, especially 
in the central and western states, some portion 
or all of the cost is assessed directly on the 
abutting real estate. In otbers the entire cost 
is assumed by the municipality, the pavement 
being considered a "general public benefit." 
In the issue of bonds, the time within which 
the bonds shall mature and be paid should not 
be more than the probable life of the pavement 
for which the bonds are issued. 

Paving of Street Railway Tracks. — It is 
practically universal to require the street rail- 
way companies having tracks in the streets 
to fill with an approved type of pavement the 
space between the rails of the tracks, in many 
instances, also a space from one to two feet 
in width just outside the rails. 

Construction and Maintenance. — A great va- 
riety of practice exists in the methods em- 
ployed in the physical construction and main- 
tenance of pavements. A special executive of- 
ficer of the municipality is usually put in 
charge of the construction of the streets and 
pavements. In some cities (as in St. Louis) all 
work of this character is done by contract. In 
others (as in Boston) only the new construction 



work is so contracted for; all repairs and 
maintenance work being done by day labor 
directly in the employ of the municipality. In 
others ( as in Cambridge, Mass. ) all the work is 
performed by day labor. This is the most ex- 
pensive method; but the quality of the work 
obtained is most satisfactory. 

Varying Demands on Pavements. — The pres- 
ent extensive use of the motor driven vehicle 
has brought about a radical change in the re- 
quirements for pavements, tending to eliminate 
the cheaper and less durable kinds. Conse- 
quently there is great demand for various types 
of coal-tar, asphalt, and petroleum oil products 
combined with cracked stone for augmenting 
the life and usefulness of the old forms of 
"Macadam" pavement, making it capable of 
extended use at moderate cost. In the better 
and more expensive grade of pavements a sub- 
stantial base of concrete or other material and 
a smooth, impervious surface is more generally 
demanded. A few of the more important types 
of modern pavement are the following: 

Stone Blocks. — (1) Belgian blocks — made of 
large sized blocks of trap rock — very durable, 
apt to be rough and noisy, to wear smooth and 
uneven. Their use is diminishing. 

(2) Large sized granite blocks — extensively 
used in eastern states on streets having heavy 
traffic, very durable, very noisy, apt to wear 
with rounded faces and become uneven. 

(3) Medina sand stone blocks — used ex- 
tensively in the central states, fairly durable, 
somewhat noisy, do not wear smooth nor be- 
come slippery. 

(4) Small sized granite blocks — usually 
laid on concrete base with joints grouted with 
cement or filled with pitch compound. Very 
durable, fairly smooth, not very noisy when 
well laid and grouted — a very satisfactory 
pavement. 

(5) Small stone sets — used extensively in 
Germany (called "Kleinpflaster") , and in Eng- 
land (called "Durax"). The stone cubes or 
sets are very small, laid on a concrete base 
like a mosaic. Highly recommended by those 
who have seen it. 

Brick Paving Blocks. — The first brick 
pavement in this country was laid in 1870. 
Since that time the use of vitrified brick blocks 
in certain sections of this country has enor- 
mously increased. When well laid, a brick 
pavement is fairly smooth, durable, easily 
cleaned, but is apt to be somewhat noisy. 

Wood Blocks. — The first attempts to use 
wood as a paving material were largely fail- 
ures. Inadequate foundation and imperfect 
preservative treatment caused early decay of 
the wood and disintegration of the pavement. 
At present the wood is first thoroughly steril- 
ized and then impregnated with a preservative 
compound. When laid upon a concrete base the 
pavement is smooth, noiseless, sanitary, easily 
cleaned, but at times is somewhat slippery, es- 
pecially in wet weather. 



655 



PAWNSHOPS, MUNICIPAL— PAYNE-ALDRICH TARIFF 



Asphalt. — (1) Sheet asphalt. — For many- 
years this has been a very popular pavement 
and enormous areas have been laid in many of 
the larger cities of the country. The pave- 
ment is smooth, noiseless, sanitary, but slip- 
pery. Its durability varies greatly. 

(2) Asphalt blocks. — The asphaltic com- 
pound is mixed with cracked stone and the 
blocks formed under heavy pressure. When 
laid on a concrete base, these blocks make an 
attractive pavement, but it has not proved 
durable for anything but light traffic. 

Bitulithic. — This pavement is made by mix- 
ing a hot bituminous compound with a mineral 
aggregate carefully graded in sizes to produce 
a dense mixture. The pavement is smooth, 
noiseless, sanitary, not slippery and fairly dur- 
able. 

Macadam or Cracked Stone. — In many of the 
states the abundance of good materials, ease 
of construction, and low first cost has made 
this class of pavement extremely popular. The 
use of a bituminous compound as a matrix or 
binder for the stone seems likely so to increase 
the life and usefulness of the pavement as to 
offset the increase in its cost. 

See City Engineer; Good Roads Move- 
ment; Roads ; Steeets. 

References: W. P. Judson, City Roads and 
Pavements Suited to Cities of Moderate Size 
(1909) ; I. 0. Baker, Treatise on Roads and 
Pavements ( 1908 ) ; A. T. Byrne, Treatise on 
Highway Construction, A (1907) ; G. W. Till- 
son, Street Pavements and Paving Materials 
(1903). L. M. Hastings. 

PAWNSHOPS, MUNICIPAL. Municipal 
pawnshops date back several centuries. Nur- 
emberg, a Bavarian town, claims to have in- 
troduced them into Germany in 1498. The 
privilege of carrying on pawnshops was con- 
ferred upon several other Bavarian towns in 
the eighteenth century (Munich, 1754). 

In a great majority of the cities of Prussia 
of more than 50,000 inhabitants, the existing 
municipal pawnshops date back no further 
than the first half of the nineteenth century. 
It should be remembered that not all public 
pawnshops are municipal. For example, Ber- 
lin has no pawnshop under municipal author- 
ities but there is a royal Prussian pawn of- 
fice under control of the Royal Bank, estab- 
lished 1834. Throughout Germany one also 
finds private pawnshops which operate side by 
side with those under public control. In Au- 
stria the system is somewhat similar to that in 
Germany. It combines royal pawnshops with 
provincial and municipal pawnshops. 

In no country are municipal pawnshops more 
highly developed than in France, and in no 
city does the institution bulk so large in pub- 
lic interest as in Paris, where it was founded 
as early as 1777. It is a distinct bureau of 
the municipal government and includes in its 
control three members of public charities, three 



private citizens and the prefect of police. 
There is a main office with a number of 
branches. It is an official monopoly; no other 
pawnshop is allowed to exist within the mu- 
nicipality. Municipal pawnshops in French 
provincial cities are managed by a small com- 
mission with the mayor as president, and rep- 
resentatives of the town council, the hospitals, 
the charity bureau, and, sometimes, the savings 
bank. 

There are municipal pawnshops in all the 
large cities of Italy, Spain and Belgium; and 
there is considerable agitation for them in 
England. 

In the United States the business has until 
recently been entirely in the hands of private 
pawnbrokers who do business under state regu- 
lations or municipal ordinances. Recently, 
philanthropic-commercial enterprises like the 
Provident Loan Society of New York, founded 
in 1894, have entered this field. Ohio has au- 
thorized municipalities within its borders to 
engage in the pawnbroking business. As yet 
no municipal pawnshops are operating in the 
United States. 

See Municipal Government, Functions of. 

References: W. H. Dawson, Municipal Pawn- 
shops (1906), ch. xiii; U. S. Department of 
Commerce and Labor, Bulletin No. 21 (1899) ; 
Massachusetts, Labor Bulletin, July-Aug., 
1907, 41-45. F. D. Watson. 

PAYMASTER GENERAL. The Paymaster 
General is the head of the Paymaster General's 
department of the United States Army. The 
department is charged with the payment of of- 
ficers, enlisted men, and all other persons in 
the military service. There is also a Pay- 
master General of the Navy. See Officers, 
Military and Naval; Supplies and Ac- 
counts, Bureau of; War, Department of. 
References: Secretary of War, Annual Report; 
J. A. Fairlie, National Administration of the 
U. S. ( 1905 ) , 144. A. N. H. 

PAYNE-ALDRICH TARIFF. This tariff 
was enacted August 5, 1909, so called after the 
names of the respective chairmen of the House 
committee on ways and means and the Senate 
finance committee. The Dingley Act of 1897 
had become ill adjusted to existing industrial 
conditions. Moreover, there was an increasing 
animosity towards trusts, whose growth was 
believed by many to be fostered by the tariff. 
The national Republican platform of 1908 de- 
clared that, "The true principle of protection 
is best maintained by the imposition of such, 
duties as will equal the difference between the 
cost of production at home and abroad together 
with a reasonable degree of profit." Although 
this cost of production principle had been im- 
plied in the platform of 1904 it was now more 
consistently stated, and was heralded as a 
solution for revising the tariff by a test ap- 
proaching scientific accuracy. Mr. Taft, can- 



656 



PEACE, CONCLUSION OF 



didate for President, spoke in favor of "revi- 
sion,'' generally understood downward. 

The legislative outcome did not meet popular 
expectation, for while the the tariff of 1909 
made some reductions and adjusted rates to 
current needs of manufacturers, it was, in the 
main, governed by the same fundamental prin- 
ciples which characterized the acts of 1890, 
1894, 1897. Certainly the reductions were not 
sufficient to decrease the cost of living. The 
committee on ways and means, under the lead- 
ership of Mr. Payne, endeavored to make some 
comparisons of costs; extended hearings were 
held and a large amount of statistical data 
gathered. But, as in the preparation of former 
tariffs, special interests claimed and lobbied 
for special consideration. As before, the Sen- 
ate exercised a dominating influence, its com- 
mittee on finance holding sessions in private. 
The Senate made 847 amendments — for the 
most part upwards. In particular the House 
duties on iron, hides, coal, and lumber were 
increased. There was general agreement that- 
specific duties as a check to undervaluation 
should be substituted for ad valorem duties 
wherever practicable. 

When the bill reached the conference com- 
mittee President Taft endeavored to exercise 
influence in behalf of lower rates. Hides were 
placed on the free list and the duties on coal 
and iron, leather and lumber, were reduced. 
In its final form the act carried advances on 
cotton and silk goods. On wool and woolens 
(Schedule K) there were but few minor 
changes, and it was here that the public ex- 
pected radical revision. President Taft later 
declared that it was an unjust schedule. Popu- 
lar suspicion was aroused and it was claimed 
that the act covered certain jokers, that is, 
clauses which by indirect and ambiguous 
phraseology made changes which, though ap- 
parently downward, were in reality upward. 

There were, however, some reductions. The 
publishers won a fight for lower wood pulp 
and print paper, and it was made possible for 
American millers to use for domestic consump- 
tion the by-products of the manufacture of 
flour from Canadian wheat. Imports from the 
Philippines were treated with a more liberal 
spirit. In all there were numerous decreases 
in rates but many of them were for slight 
amounts or affected articles of little commer- 
cial importance (see Tariff Rates). Of more 
importance was the abandonment of the prin- 
ciple of reciprocity (see) as provided in the 
act of 1897 and the introduction of maximum 
and minimum duties. To assist the President 
in determining when the maximum duties 
should be applied, authority was given for the 
establishment of a tariff board. 

See Aldrich, N. W.; and under Tariff. 

References: F. W. Taussig, Tariff Hist, of 
the U. 8. (4th ed., 1910), 361-408, Am. Year 
Book, 1910, 34, ibid, 1911, 52. 

Davts R. Dewey. 



PEACE, CONCLUSION OF. The conclusion 
of peace involves the termination of hostile 
relations between the belligerents, and puts an 
end to the status of neutrality on the part of 
other states. Prior to the conclusion of peace, 
hostilities may be suspended by an armistice, 
or truce. 

In early days peace might be the result of 
the complete submission of one of the bel- 
ligerents. Such peace w T as usually regarded as 
conquest. The conqueror then absorbed the ter- 
ritory and population of the conquered state; 
but peace through such conquest -is not now 
common. 

Sometimes peace results from the simple ces- 
sation of hostilities for a considerable period, 
with no evident intent to renew such action. 
The examples of this method in case of the 
wars between Spain and her South American 
colonies are numerous. 

The termination of hostilities, may not, how- 
ever, mark the conclusion of peace, for it is 
not always possible to determine at what time 
hostilities cease and sometimes hostilities in 
different sections of a country cease at differ- 
ent times. The two proclamations, more than 
four months apart, declaring the Civil War 
closed, specified the areas to which the pro- 
clamations applied. For civil war the con- 
clusion of peace would usually be by proclama- 
tion. 

The conclusion of peace is most commonly 
by treaty. Such treaties are frequently pre- 
ceeded by protocols covering in a preliminary 
way the matters which treaties cover in a for- 
mal and more complete manner. The protocol 
of August 12, 1898, signed by the French Am- 
bassador as representative of Spain, and by the 
American Secretary of State, on behalf of the 
United States, provided for : 

(1) Relinquishment of title to Cuba; (2) 
cession of Porto Rico, etc.; (3) occupation of 
Manila; (4) evacuation by Spain; (5) ap- 
pointment of peace commissioners; (6) suspen- 
sion of hostilities as soon as notice could be 
given. 

The treaty by which peace was concluded 
was not signed till December 10, 1898, after 
long deliberations by the commissioners ap- 
pointed under the terms of the protocol. The 
treaty of peace was much more comprehensive 
than the protocol, as is evident from the titles 
of its articles: (1) relinquishment of Cuba; 
(2) cession of Porto Rico, Guam, etc.; (3) 
cession of Philippine Islands; (4) Spanish 
trade with the Philippines: (5) return of 
Spanish soldiers from Manila, evacuation of 
Philippines and Guam; (6) release of prison- 
ers; (7) relinquishment of claims; (8) prop- 
erty relinquished and ceded; (9) property and 
civil rights of persons in ceded territory; (10) 
religious freedom: (11) legal rights in ceded 
or relinquished territory; (12) determination 
of pending judicial proceedings; (13) priv- 
ileges of copyrights and patents reserved in 



657 



PEACE DEMOCRATS— PENALTIES FOR CRIME 



ceded territories; (14) consular privileges; 

(15) mutual privileges of shipping charges; 

(16) obligations of Cuba; (17) ratification. 
Hostilities between Russia and Japan were 

not suspended during the negotiations looking 
to peace. Negotiations were formally begun 
at Portsmouth, New Hampshire, August 9, 
1905, and concluded August 29. Hostilities 
were suspended September 1, in accord with 
the first article of the treaty which provides, 
"There shall henceforth be peace and amity be- 
tween Their Majesties the Emperor of Japan 
and the Emperor of all the Russias and be- 
tween their respective states and subjects." 

The effect of the conclusion of peace is 
simply to put an end to the war. Many other 
questions must be settled either by treaty or 
tacitly on the principle of uti possidetis by 
which each party is to retain possession of 
what he has acquired by force during the war. 

If a treaty of peace is negotiated it usually 
includes provisions : ( 1 ) terminating hostile 
relations; (2) settling causes of differences; 
(3) determining disposition of prisoners; (4) 
for settlement of claims; (5) confirming or 
renewing former treaties; (6) establishing 
boundaries, ceding territory, etc. 

See Annexation, Diplomatic Principles 
of; Arbitration and Peace; Conquest, 
Right of; Hague Tribunal; Mediation; Ne- 
gotiation of Treaties by the United States ; 
Ratification of Treaties; War, Interna- 
tional Relations During. 

References: G. G. Wilson, Int. Law (1910), 
366-381; H. W. Halleck, Int. Law (1908), I, 
328 et seq; L. Oppenheim, Int. Law (1912), 
II, 327 et seq. George G. Wilson. 

PEACE DEMOCRATS. See Anti-Wae 
Democrats; Democratic Party. 

PEACE MOVEMENT. See Arbitration and 
Peace. 

PEACEMAKER. A sobriquet of Henry Clay, 
given him because of his exertions in behalf of 
compromise measures between the North and 
South, particularly the Missouri Compromise 
(see) and the Compromise of 1850 {see). 
See Clay, Henry. O. C. H. 

PEANUT POLITICS. Political activities in- 
spired by petty and personal motives rather 
than by deep political principles. 0. C. H. 

PEAR TREE, SHAKING OF. An expression 
used probably as early as 1885 to denote the 
distributing of the spoils of office by the newly 
elected official. O. C. H. 

PEIRPONT GOVERNMENT. The name giv- 
en to the "loyal state" government set up in 
Virginia in 1861, after the state had seceded. 
It elected Francis H. Peirpont governor, con- 
sented to the erection of West Virginia, had 



its seat at Alexandria during the war, framed 
a new constitution for the state in 1864, and 
was recognized by President Lincoln, in his 
reconstruction {see) attempts, as the true gov- 
ernment of Virginia. See Virginia; West Vir- 
ginia; Reconstruction. O. C. H. 

PENAL LAWS. Laws imposing penalties 
(properly speaking in the nature of pecuniary 
fines, but commonly used as including all forms 
of punishment) for the commission of offenses 
of a public nature. The term is sometimes 
used to include statutes giving a private right 
of action against wrong-doers; but this use 
is inaccurate. Reference: Huntington vs. At- 
trill, 146 U. 8. 657. H. M. B. 

PENALTIES FOR CRIME. The social reac- 
tion against crime is popularly called penalty; 
and penalty is supposed to be pain inflicted 
for the protection of society or the reformation 
of the offender, or both. The word penalty is 
too narrow to cover modern practice. 

Penalty as a Fact in Law. — Penalties are the 
sanctions of laws directed against crimes; they 
are pains or losses inflicted by authority in 
view of a deed which has been defined and con- 
demned by that authority. Before a penalty 
can lawfully be inflicted the crime must be 
defined and the penalty made known. Crimes 
are classified in codes and manuals according 
to the social interest which is harmfully af- 
fected, as : crimes against public health, 
against the state or government, against order, 
decency, morality, property, person, life, repu- 
tation. An attempt is made to grade crimes 
according to their supposed gravity or "hei- 
nousness" — as felonies, misdemeanors and mi- 
nor offenses against municipal ordinances and 
conventional regulations. The penalties are ar- 
ranged on a scale of severity to correspond to 
the gravity of the delinquency. In this gradu- 
ation of pains it is the act which is primarily 
considered; although the character of the male- 
factor has never been entirely ignored. The 
penalties are of various kinds; as reprimands, 
fines, restrictions of liberty without incarcera- 
tion, loss of civil privileges and honors, incar- 
ceration, deportation (in some countries), 
bodily torture ( as flogging ) , mutilation, death. 
The historic tendency is to unify and simplify 
penalties and reduce them to fines and impris- 
onment. 

Undesirable Penalties. — It is generally ac- 
knowledged that the following penalties are to 
be rejected on principle: (1) Penalties which 
mutilate the body, reduce vitality or hasten 
death. In the best prison systems the medical 
profession is supreme in matters affecting 
health or integrity of the body, as diet, cloth- 
ing, corporal punishment, confinement in 
special cells, surgery. The death penalty is 
excluded by this principle, because it destroys 
life. (2) All penalties which degrade char- 
acter; the ordinary "jail sentence" is of this 



658 



PENALTIES FOR CRIME 



class. (3) Penalties must be personal to the 
actual culprit. Indirectly all punishments 
hurt the family and friends; this is unavoid- 
able, but should be mitigated as far as pos- 
sible. Among acceptable penalties each form 
has some advantages. 

Warnings and Probation. — If it were made 
possible to discipline normal youth and adults 
for minor offenses in civil courts, apart from 
criminal procedure, many non-criminal of- 
fenders could be sharply warned without ac- 
quiring a criminal record and helping to swell 
so-called criminal statistics, which often bring 
unmerited disgrace on a country. Reprimands 
of a judge have, usually, little effect. Suspen- 
sion of sentence, without surveillance, is a suf- 
ficient lesson in the case of simple heedless- 
ness; although the warning may be impressed 
by the requirement of indemnity to the injured 
party and costs for public expense. Apologies 
may not be sincere, and, therefore, are usually, 
considered useless. Fines, varying with the 
income of the offender, may be just, reasonable 
and effective penalties for persons of a non- 
criminal character, when their heedlessness 
borders on disregard of the interests of others. 
For those who are still young and who have 
begun to form vicious habits a discipline of 
probation, under careful surveillance of trained 
agents of the court, has been found wholesome. 

Incarceration. — If the habit is fixed and the 
attitude defiant, more severe measures are 
needed. For the vagabond, confirmed inebriate, 
prostitutes and others who are morally in- 
competent, vicious, or dangerous to morality 
and order, neither the fine nor the short term 
of imprisonment is ordinarily of value. They 
need, and it is to the common interest to im- 
pose on them, a series of effective disciplinary 
and curative measures. Consecutive and con- 
tinued treatment, adapted to the changing 
phases of conduct, has been found beneficial. 
The state farm colony, with shop trades, is 
an excellent form of organization. 
^ All these persons, physically and morally 
depraved, require a prolonged medical and 
educational treatment, with a discipline of 
productive labor which will give them skill 
and industrious habits. The reformatory (in- 
termediate) prison discipline is indicated for 
persons convicted of serious offenses who, for 
public protection, must be deprived of liberty 
for a series of months or years and who are 
presumably educable. Incarceration should 
not end abruptly with complete freedom, but 
should be followed by a period of liberty under 
supervision,' with trained parole officers to visit 
them (see Parole System). The period of 
discipline should be determined by the conduct 
of the prisoner and not fixed in advance. A 
state board of parole supervises the administra- 
tion and may be given a judicial character. 
The more repressive penalty of imprisonment 
for habitual criminals should be longer; for 



is given it should be under a prolonged and 
well organized supervision by trained parole 
officers, until danger is passed (see Indeter- 
minate Sentence). The short sentence of 
imprisonment, ten days to three months, i3 
generally condemned as corrupting to the non- 
criminal offender and as lacking intimidating 
and reformatory value for habitual offenders. 

Social Purpose of Penalty. — As a rule the mo- 
tive of the community in inflicting punishment 
is not stated in modern legislation; we must 
look for it in treatises on the philosophy of 
law, in text writers, in decisions of judges, in 
speeches and discussions of lawmakers, but 
most of all, perhaps, in the newspapers and 
popular books which more directly mirror the 
real feelings of the people. The working mo- 
tive of a community, that which actually cre- 
ates and sustains criminal law and its penal- 
ties, is a problem for social psychology. The 
grave theories of political philosophers and 
judges frequently reveal only a small part of 
the total force. Analysis of social phenomena 
in this field will show that all the compli- 
cated motives which have ever, in the entire 
evolution of man, entered into the reaction 
against injurious acts, still have part in penal- 
ties; blind impulse of rage, organic reaction 
against what is hated or feared; personal re- 
venge, family vengeance, and feud, mob mad- 
ness; deliberate and conscious cooperation to 
uphold order, security, accepted standards of 
morality, character, religion, government. 
Doubtless the tendency is gradually to chain 
and discipline revenge and vengeance, and make 
dominant a calm and impersonal calculation 
of general interests. 

Attempt to Measure out "Justice." — Men of 
all schools advocate some regulation of penal- 
ties and of all disciplinary measures, and de- 
mand that they should be "reasonable." This 
desire to give some kind of legal restriction 
to penalties arises from: (1) The necessity of 
protecting the individual. Any citizen, even 
the best, may at any time be an offender 
against some law or ordinance, and he needs 
protection against the caprice, the personal 
grudge, the arbitrariness of judges, juries and 
administrators. This lesson was learned in 
the hard school of absolutism, when the royal 
power made, interpreted and executed the law. 
It required centuries of political experience to 
establish the lines between the three coordinate 
branches of government. At present we are in 
less danger from arbitrary executive officers 
and courts, but the necessity for control by 
legislation still exists; (2) In order that each 
citizen may know in advance, as accurately as 
possible, what he may expect to meet, if he 
violates the law; (3) It has been asserted, in 
various phrase, that the penalty ought to be 
measured in accordance with "justice." It is 
customary, in our day, for those who make this 
demand to deny that they mean "vengeance" 



rape and murder, it may be for life. If liberty or "revenge." But the word "justice" is vague 

659 



PENALTIES FOR CRIME 



and needs definition. Its measure is not 
learned by intuition and should not be fixed 
by mere tradition and imitation of bad copies. 
Probably many erudite jurists, all uncon- 
sciously, are themselves under the influence of 
inherited theological and metaphysical assump- 
tions; for they are human. Even in abstract 
statements may lurk ancient notions about 
commutation of injuries, expiation of guilt in 
terms of money, with the corresponding fal- 
lacy that a prisoner who has served his term 
has "paid his debt" to society. Under the 
solemn phrases "respect for the dignity of of- 
fended law" and "care for juristic integrity" 
may be masked savage revenge; (4) Another 
reason for fixing the penalty, at least between 
maxima and minima, is found in the danger 
that a severe court may inflict unreasonably 
severe penalties, and a lenient court may be 
lax. 

The actual measure of penalty is finally 
reached, under any system, by a study of the 
consequences of different degrees of severity. 
The problem of the future is to take this 
rough guess of empirical observation and trans- 
form it by scientific method into a reasoned 
calculation. The effect on public welfare is 
the only standard available. The necessity of 
establishing an accurate system of statistics 
of prisons, discharged prisoners, paroled men, 
etc., is obvious; for without reliable records, 
made by trained psychologists and physicians 
and covering a prolonged observation of all 
offenders, society will remain in the dark as 
to the actual effects of its repressive and re- 
formatory measures. It would be safe to af- 
firm that today we have no scientific data for 
measuring the actual effects of penalties; and 
yet these effects can be observed and approx- 
imately measured. 

Failure of Attempts to Measure Penalties. — 
All legal authorities agree that penalties 
should be just, equal, reasonable, consistent, 
and in accordance with a definite scale. To 
what extent is this ideal attained ? A compara- 
tive table of penalties used as sanctions in 
various European countries would show very 
wide differences, in spite of approximate equal- 
ity in civilization. The length of sentence for 
murder, burglary, theft, assault, fraud, varies 
considerably. If any definite principle exists 
it does not seem to have been discovered by 
lawmakers. In the United States the diver- 
gence and contradiction are even more glaring, 
although all the states are closely related and 
are under one Constitution. The English law 
was the common starting point; the people 
are homogeneous in faith, morals, traditions, 
language, institutions. Yet the penalties are 
discordant and apparently measured without 
regard to any underlying principle. 

The legislature has left the courts to fix the 
actual penalty in particular cases, within the 
limits established by law. The decisions of 



than the laws of the different states. It is 
evident from these facts that the length of 
sentences is fixed largely by guesswork and 
impulses. 

It has been proposed to substitute for these 
measurements of the legislature another prin- 
ciple, that of the conduct of the offender, and 
his fitness for liberty, as determined by some 
administrative or judicial authority. But no 
state has yet ventured to accept this principle 
alone and without regard to other factors. 
Even if this idea could be realized it does not 
seem probable that the results would show 
much more equality or consistency than are 
shown under present conditions. Probably we 
are far from that calculus of social welfare 
which would give us any very exact measure 
of justice, and we must be satisfied with ap- 
proximation to reasonableness and uniformity. 

The guiding principle must combine all the 
factors in an effective system of social protec- 
tion which shall include so far as possible, the 
reformation of the offender. The rigid lines 
of the ancient legal creed are already broken 
by criticism and experiment. The character 
of the criminal and his attitude to social in- 
terests are admitted alongside the repressive 
and deterrent considerations. 

Some eminent advocates of the sacrosanct 
definitions of "penalty" now admit "surro- 
gates" and "complements" of penalty. They 
still insist that "penalty" must be adjusted to 
guilt; while the same restriction of liberty or 
requirement of indemnity may be diminished 
or increased, as required by the character of 
the delinquent; only this must be done under 
another name, perhaps with another public 
organization. An adjustment must be formed 
by the acknowledgment on both sides that 
pains must be inflicted, both for preventing 
crime by intimidation and for reforming the 
criminal. 

Improvement in the system of penalties may 
be hoped to come from : ( 1 ) a scientific study 
and record of the character and conduct of each 
convicted person by specialists in psychology; 
(2) a thorough and systematic study and rec- 
ord of the consequences of penalties in the 
convicts, in their families, in the community, 
by statisticians trained in this field ; ( 3 ) a 
continuous expert supervision and direction of 
the life and work, especially of younger con- 
victs, under competent educators; (4) a civil 
service merit system adapted to select, train, 
and keep in office professional reformatory and 
prison directors and their assistants, the tests 
being designed to secure not merely mechanical 
and business talents but power to influence hu- 
man beings. Personality is the supreme factor 
under any system of law and administration. 
All mere shuffling of penal sanctions, and an 
improved prison architecture, has no signifi- 
cance or value whatsoever; (5) the administra- 
tion of penalties inside the prison must be vi- 



courts do not reveal any more consistency tally connected with the after-care of convicts 

660 



PENDLETON ACT— PENITENTIARIES 



until tliey have demonstrated their ability to 
walk alone without danger to public order; 
(6) most of all, fear of punishment, one of the 
fecblsst of motives in the foundation of strong 
character, must not be expected to do the im- 
possible; prevention is better than care. 

See Capital Punishment; Convict Labor; 
Cruel and Unusual Punishment; Indeter- 
minate Sentence; Law, Criminal; Peniten- 
tiaries; Reformatories; Suspended Sen- 
tence; and under Criminal; Prison. 

References: F. H. Wines, Punishment and 
Reformation (2d ed., 1910) ; K. Krohne, Lehr- 
onch der Gefangniskunde (1889) ; Paul Cliche, 
Traite de Science et de Legislation peniten- 
tiares (1905) ; F. von Holtzendorff and G. von 
Jagemann, Handouch des Gefangniswesens 
(1888) ; C. R. Henderson, Ed., Correction and 
Prevention (1910) ; A. Prins, Science penale et 
Droit Positif ( 1899 ) ; Ugo Conti, La Pena e il 
Si-stema penale de codice italiano (1910). 

Charles Richmond Henderson. 

PENDLETON ACT. Drawn by Dorman P. 
Eaton, presented by Senator George H. Pendle- 
ton of Ohio, this act became law January 16, 
1883. It provided for a Civil Service Com- 
mission (see), to establish and control a sys- 
tem of appointment to specified positions in 
the civil service, based on competitive examina- 
tion. Extension of the system was left to the 
President. Reference: C. R. Fish, Civil Service 
and the Patronage (1905), 218-222. 

C. R. F. 

PENITENTIARIES. The term "peniten- 
tiary" which is synonymous with "state prison" 
is applied to convict prisons for adults. It 
does not include juvenile reformatories or re- 
formatory prisons for young men and young 
women. 

Solitary Confinement System. — The Eastern 
Penitentiary of Pennsylvania at Philadelphia 
was built on the solitary or separate plan. 
A separate cell about 8 by 12 feet was provided 
for each prisoner and the intention was to keep 
each prisoner separated from every other. This 
plan was at first adopted in the Western Peni- 
tentiary at Allegheny, Pa., but was soon aban- 
doned there and it has now been practically 
abandoned at Philadelphia. No other Ameri- 
can penitentiary was organized on the Phila- 
delphia plan, but it was carried to Europe 
and is still is use in several European pris- 
ons. 

Auburn System. — Most of the penitentiaries 
of the United States are organized on what is 
called the Auburn plan after the New York 
state penitentiary at Auburn. This plan pro- 
vides for separate cellular confinement at night 
and congregate labor in shops or elsewhere by 
day. In most prisons on the Auburn plan 
prisoners are not allowed to converse or com- 
municate with each other. In many peniten- 
tiaries prisoners were formerly fed in their 



cells but congregate dining rooms are now the 
general rule. 

Construction. — In nearly all of the peniten- 
tiaries in the United States the cell houses 
are built on the block plan. There are two 
rows of cells back to back, carried up three, 
four or five stories, as desired. The front of 
each cell looks toward a corridor from 6 to 20 
feet wide, lighted by large windows in the 
wall. In the more recent prisons the two rows 
of cells in each cell house are separated by a 
space of from 3 to 6 feet. In this space are 
placed the ventilating system, plumbing and 
the electric wiring. This method greatly pro- 
motes good ventilation and sanitation. 

In recent years the cell block plan has been 
criticised because the cells are not sufficiently 
lighted. A plan has recently been proposed for 
a new form of cell block for a proposed peni- 
tentiary at Joliet, 111. This plan provides for 
a cylindrical building with the cells against 
the outer wall in order to secure abundant light 
and air. In the center of the building will be 
a guard tower with an elevator, so arranged 
that the guard can see the entire interior of 
each cell without the knowledge of the prisoner. 
Cells will be supplied with large windows and 
the front of the cell toward the center will be 
composed of an open grating. The cells can be 
so arranged, if desired that no prisoner can see 
into the cell of any other prisoner. 

The window bars and the lattice work of the 
cells may be composed of steel tubing contain- 
ing compressed air with such arrangements 
that any perforation of the tubing, causing es- 
cape of air, will give an alarm indicating the 
location of the break. 

Most of the penitentiaries of the United 
States have work shops designed for the em- 
ployment of the convicts under such labor sys- 
tem as may be established by the legislature 
(see Convict Labor). The cell buildings, ad- 
ministration buildings, hospitals, shops, etc., 
are usually located in a yard surrounded by a 
wall which is manned by armed guards except 
at times when convicts are locked up in their 
cells. 

The administration of the prison is usually 
controlled either by a state prison commission- 
er, a board of state prison commissioners, di- 
rectors or inspectors, or by a state board of 
control which administers other institutions. 
The head of the prison is the prison warden, 
who is usually appointed by the managing 
board. The position is one of great responsibil- 
ity as the warden has authority similar to 
that of a sea captain. In case of outbreak or 
mutiny he has large discretionary powers. In 
state account prisons the warden has to ad- 
minister a large business institution, with a 
large force of employees; and the reformatory 
methods and policy of the prison are mostly 
dependent upon his initiative. 

Since 1880 there has been a great advance in 
the grade and efficiency of prison wardens. 



661 



PENN, WILLIAM— PENNSYLVANIA 



The position has become a more stable one and 
has a recognized standing. In the most pro- 
gressive states, when a good warden is secured 
he is kept in office indefinitely. There are 
several veteran prison officers who have been in 
prison service from 20 to 30 years and who are 
recognized authorities, not onbv with reference 
to the organization and administration of pris- 
ons but also on the general subject of penol- 
ogy. 

See Convict Labor; Criminal, Reforma- 
tion of; Criminal Registry; Good Behavior 
of Prisoners; Indeterminate Sentence; Pa- 
role System; Penalties for Crime; Prison 
Labor; Prison Discipline; Prisoners, Pro- 
bation of; Reformatories. 

References: New York State Commission of 
Prisons, Annual Reports (1896 to date) ; Mas- 
sachusetts Prison Commission, Annual Reports; 
C. R. Henderson, Penal and Reformatory In- 
stitutions (1910) ; U. S. Bureau of the Census, 
Prisoners and Juvenile Delinquents in Institu- 
tions (1904) ; F. H. Wines, Punishment and 
Reformation (1910) ; Penitentiaries and State 
Prisons, Annual Reports (for list see U. S. 
Census Volume "Prisoners and Juvenile Delin- 
quents," 1904, 68 ff.) ; American Prison 
Assoc. (Formerly National Prison Associa- 
tion), Reports (1870 to date); H. M. Boies, 
Science of Penology (1901) ; Alexander Bork- 
man, Prison Memoirs of an Anarchist (1912). 
Hastings H. Hart. 

PENN, WILLIAM. William Penn was born 
in London, October 14, 1644, and died July 30, 



1718. As a young man he adopted the Quaker 
belief and became active as a preacher and 
writer. In 1681, he was enabled to secure 
from King Charles II a grant of land compris- 
ing the present state of Pennsylvania. This 
territory he proceeded to use as a Quaker 
refuge and in 1682 he came to America to 
superintend personally the establishment of his 
"Frame of Government," which was the first 
constitution for the colony of Pennsylvania. 
In this he made no effort to enlarge his own 
prerogatives but sought rather to favor popu- 
lar rights. Penn called, at once, a legislature 
consisting of an assembly and a council, both 
elective. In the distribution of powers between 
these two bodies and the governor, who had no 
powers independent of the council, his plans 
did not work out successfully. In 1683 he 
granted a new frame of government which 
further curtailed the powers of the governor. 
Owing to differences between the assembly and 
the council, Penn appointed five commission- 
ers who were to constitute the executive power. 
In 1685, he again appointed one man as gov- 
ernor. 

See Colonial Government, Proprietary; 
Pennsylvania. 

References: S. M. Jenney, Life of William 
Penn (2d ed., 1832) ; Isaac Sharpless, Quaker 
Experiment in Government (1898) ; W. R. 
Shepherd, Hist, of Proprietary Government in 
Pa. (1896) ; George Hodges, William Penn 
(1901); William Penn, Works (ed. by A. V, 
Myers, in progress, 1912). 

James A. James. 



PENNSYLVANIA 



Early History. — Pennsylvania, one of the 
original thirteen colonies, is known from its 
early geographical and later political position 
as the "Keystone" state. Its founder, William 
Penn, in payment of an old debt owing to his 
father, received a charter in 1681 from Charles 
II to all the land "bounded on the East by 
Delaware River — unto the three and fortieth 
degree of Northerne Latitude" and thence "to 
extend westwards five degrees in longitude"; 
then on the south from the Delaware River 
following a circle twelve miles around New- 
castle "Westward unto the beginning of the 
fortieth degree of Northern Latitude, and then 
by a streight Line Westward to the Limitt of 
Longitude above mentioned." Controversies 
having arisen over the exact boundaries, the 
present southern limit of the state was deter- 
mined in 1766-7 by two surveyors, Mason and 
Dixon {see Mason and Dixon's Line), who 
ran a line at 39° 44'; and the northern limit 
in 1789 by agreement with New York at 42 
degrees north latitude. For this province 
Penn was to deliver annually to the King at 



Windsor Castle two beaver skins and the fifth 
part of all gold and silver found in the prov- 
ince. As proprietor he was given full author- 
ity to establish a form of government by ap- 
pointing whatever judges and magistrates he 
desired, and making whatever laws were neces- 
sary, subject however to approval by the home 
government. In 1701 he issued a charter of 
privileges which provided an annual assembly 
of four members from each county and guar- 
anteed religious tolerance to all who believed 
in "One almighty God." 

Penn and the Quakers who migrated with 
him to America extended their ideas of justice 
to the Indians, from whom they purchased the 
land and with whom they made a solemn 
treaty which was kept for many years. The 
attitude of Penn in an intolerant age brought 
to his colony a number of other peoples of wide- 
ly differing nationalities and religion; the 
Welsh settled the Welsh Tract in 1682; the 
Germans under Francis Daniel Pastorius 
founded Germantown; the Mennonites, the Pie- 
tists, the Schwenkfelders and the Moravians, 



662 



PENNSYLVANIA 



settled mainly in the valleys of the Delaware 
and Schuylkill rivers. Finally came the Scotch 
Irish settling in the western part of the prov- 
ince. 

Colonial Politics. — The widely differing vari- 
ety of race among the settlers caused continu- 
ous dissension in political life and laid the 
foundation for an intense desire for local self- 
government and an antipathy to uniform con- 
trol. The Quakers were peace-loving and re- 
fused to engage in warfare for any reason. 
In this policy they were usually followed by 
the Germans but were strenuously opposed by 
the Scotch Irish, to whom the Quaker policy 
of non-resistance did not appeal. Penn and 
his successors appointed Quakers as governors 
and councillors; the Quakers, although in a 
minority numerically, usually succeeded by 
manipulation in controlling the elective assenv 
bly; and both governors and assemblies stead- 
fastly refused to appropriate money even for 



vention and the state was organized under it 
March 4, 1777. The Articles of Confederation 
(see), adopted by the Continental Congress 
November 15, 1777, were ratified by the Penn- 
sylvania assembly April 30, 1778. When this 
frame of government was superseded by the 
Constitution, Pennsylvania was the second of 
the states to ratify it by an assembly vote of 
46 to 23. 

Constitutions. — The state constitution adopt- 
ed in 1776 provided for a supreme executive 
council, composed of twelve members, to act as 
the executive power, one-third of its members 
retiring each year. The legislature was com- 
posed of one house, called the general assembly, 
to be elected annually. The council and the 
assembly, sitting together, were to elect a pres- 
ident who, in conjunction with the council, 
had the power of appointing the attorney gen- 
eral, the judges, and other important state offi- 
cials. Finally the constitution provided for a 




Boundaries of the State of Pennsylvania, Showing Territorial Changes 



defense and frequently blocked cooperation in 
the colonial wars. Their attitude was a source 
of constant annoyance to the militant Benja- 
min Franklin. Occasionally opposition to the 
peace-loving policy was successful, as when in 
1756 the Quakers voluntarily withdrew as can- 
didates for the assembly. Thereafter the ag- 
gressive party was in control, although the 
Quakers and Germans often either refused ac- 
tive military and financial support or gave 
it sparingly. This attitude continued even 
in the War of Independence and evoked criti- 
cism from the other colonies. 

In September, 1774, the first Continental 
Congress assembled in Philadelphia because it 
was the most centrally located city in the 
colonies. After the battles of Lexington and 
Concord, the assembly of the province prac- 
tically superseded the authority of the propri- 
etor by the appointment of a committee of 
safety with Benjamin Franklin as its presi- 
dent. A convention for the purpose of fram- 
ing a state constitution met July 11, 1776, and 
finished its labors September 28 following. 
The constitution was put in force by the con- 



"council of censors," elected from the cities 
and counties every seven years, whose duty 
was to watch over the constitution and to see 
that officials lived up to it faithfully. The suf- 
frage was given to all freemen over twenty-one 
years of age who were taxpayers, and who had 
been residents of the state for one year. This 
constitution was unpopular from the begin- 
ning; it was not submitted to the people for 
ratification and this fact together with its 
cumbersome provisions gave ample ground for 
ridicule to those who were now called anti- 
constitutionalists. Sentiment grew in their 
favor from year to year and a constitutional 
convention assembled in 1789. This convention 
framed the constitution of 1790 which was sub- 
mitted to and approved by the people of the 
state. It provided for a governor, who should 
be elected for three years. He was given large 
powers in the appointment of state and local 
judges and other officials. The legislature con- 
sisted of two houses, a senate elected for four 
years, and a house of representatives chosen an- 
nually. The time of residence required for vot- 
ing was extended to two years. Gradually there 



663 



PENNSYLVANIA 



grew up a demand for a more democratic frame 
of government, finally resulting in the draft of 
a third constitution which was ratified in 1838 
by the narrow margin of 113,971 to 112,759 
votes. The governor, who continued to be elect- 
ed for three years, could not serve more than 
two terms in any nine years. The senatorial 
term was reduced to two years and most of the 
offices were made elective. All white freemen 
over twenty-one years of age, who had been res- 
idents of the state for one year, and had paid 
taxes within two years, were given the right of 
suffrage. The judiciary term, which had been 
held during good behavior, was reduced to 
fifteen years for the supreme court, ten years 
for presiding judges of lower courts, and five 
years for their associates. In 1850 an amend- 
ment to the constitution made the judiciary 
elective. 

In his annual message to the legislature in 
1871, Governor John W. Geary pointed out 
that too much time was consumed by the legis- 
lature in passing bills, and that the constitu- 
tion was otherwise defective. A new constitu- 
tional convention met at Harrisburg and later 
at Philadelphia, and framed a new constitution 
which was ratified by popular vote December 
16, 1873. This is the constitution under which 
the state is still working (1914). The term of 
the governor was again extended to four years, 
with the provision that he should not succeed 
himself. The office of lieutenant-governor was 
created. The governor appoints a secretary of 
the commonwealth, an attorney general, and a 
superintendent of public instruction. He has 
the right to veto any bill, but it may become a 
law over his veto by two-thirds vote of both 
houses of the legislature; he may also dis- 
approve of any item in state appropriation 
bills. Biennial sessions of the legislature re- 
place the annual sessions. The legislature is 
composed of a senate of fifty members, elected 
for four years, and a house of representatives 
elected for two years, both chosen from dis- 
tricts formed for this purpose. Special or lo- 
cal legislation of most kinds is specifically pro- 
hibited and, if not prohibited, is safeguarded 
by publicity requirements. The judiciary of 
the state consists of a supreme court of seven 
members, elected for twenty-one years and in- 
eligible for reelection, of a court, of common 
pleas, oyer and terminer, of general jail de- 
livery and subsidiary courts. On account of 
the pressure of business on the supreme court, 
the legislature on June 24, 1895, created an 
intermediate court, called the superior court, 
which is composed of seven men, elected for 
ten years. It has only appellate jurisdiction 
except in cases of habeas corpus, and final ju- 
risdiction only in certain cases. Other state 
officials are elected by the people; the state 
treasurer for two years, the auditor general 
for three years, and the secretary of internal 
affairs for four years. County officers, such 
as sheriffs, coroners, treasurers, etc., are elect- 



ed and hold office for three years. Every male 
citizen twenty-one years of age, who has been 
a citizen of the United States one month, a 
resident of the state for one year and of his 
election district for two months, and who has 
within two years paid a state or county tax, 
has the right to vote at all elections. How- 
ever, by amendments to the constitution rati- 
fied in 1901, regulations in regard to registra- 
tion of voters may be passed by the legisla- 
ture, provided that regulations made for cities 
of the same class be made uniform. Such a 
law was passed in 1906 but it applies chiefly 
to cities of the first and second classes. 

Political Parties. — The history of political 
parties in Pennsylvania has been peculiarly 
unvarying. The radical supporters of the 
constitution of 1776 naturally became Anti- 
Federalists or Democrats in 1790, and the 
makers of the constitution of 1790 easily 
found themselves on the Federalist side when 
national politics replaced state issues after 
the adoption of the United States constitu- 
tion. Thomas Mifflin, elected by his personal 
popularity, was governor during two terms 
from 1790-1799. In 1799, Thomas McKean 
carried the state for the Anti-Federalists or 
Democrats and was reelected during the two 
terms following. Pennsylvania thus became 
the "keystone" on which the Democratic party 
depended largely, but internal trouble soon 
arose and McKean was elected for a third time 
in 1805 as an independent moderate Democrat 
( 1799-1808 ) . The party was reorganized 
under the radical wing and elected Simon Sny- 
der governor from 1808-1817. He was followed 
by William Findlay, Democrat, from 1817- 
1820. Internal dissensions again arose in the 
party, and the Federalists elected Joseph Hies- 
ter governor in 1820 by the narrow majority 
of 1,584 votes. In 1823 the Democrats imme- 
diately came into control again and J. Andrew 
Schulze was elected governor for two terms, 
1823-1829. In the presidential election of 
1824, Andrew Jackson received over three times 
the number of votes received by all other can- 
didates, 36,100 to 11,337; but five years later 
George Wolf, Democrat, was elected governor 
by a narrow margin for two terms, against the 
Anti-Masonic party 1829-1835. The latter, in 
1835, succeeded in electing Joseph Kitner gov- 
ernor for one term from 1835-1839. In the 
presidential election of 1836, Van Buren's ma- 
jority was small, only 4,364 votes, showing that 
Jackson's majorities had rapidly declined. Al- 
though the state remained practically Demo- 
cratic to the Civil War, yet the majorities were 
so small as to throw Pennsylvania into the list 
of doubtful states. When Harrison and Tyler 
were nominated in 1840, the state went Whig 
by a plurality of 349 and a majority of 6. 
Governors David K. Porter (1839-1845), and 
Francis K. Shunk (1845-1849), were Demo- 
crats. Because of Shunk's resignation, elec- 
tions for President and governor were held 



664 



PENNSYLVANIA 



in 1848 and the Whigs were successful in 
both, the electoral vote being cast for Taylor 
and Fillmore. William F. Johnston was 
chosen governor (1848-1852). William Big- 
ler, Democrat, succeeded him ( 1852-1855 ) , 
and Bigler's place was taken by James Pol- 
lock who was elected by a combination of 
the Whig and American parties ( 1855-58 ) . 
Before Pollock's term was over, the state 
gave a splendid majority to its native son, 
James Buchanan, the Democratic candidate for 
President. William F. Packer, Democrat, be- 
came the next governor (1858-1861), but the 
early Quaker opposition to slavery showed it- 
self in 1860, when the issue was squarely put 
and Abraham Lincoln received the electoral 
vote of the state. Since that time its vote 
has been cast for the Republican presidential 
ticket until 1912. Twice only have the Demo- 
crats been able to elect a governor and then 
because of internal dissension within the op- 
posite party. The following is a list of the 
governors from 1860 to the present time: An- 
drew G. Curtin, Republican ( 1861-1867 ) ; John 
W. Geary, Republican (1867-1873); John F. 
Hartranft, Republican (1873-1879); Henry 
M. Hoyt, Republican (1879-1883); Robert E. 
Pattison, Democrat (1883-1887); James A. 
Beaver, Republican (1887-1891); Robert E. 
Pattison, Democrat (1891-1895); Daniel H. 
Hastings, Republican ( 1895-1899 ) ; William A. 
Stone, Republican ( 1899-1903 ) ; Samuel W. 
Pennypacker, Republican (1903-1907); Edwin 
E. Stuart, Republican (1907-1911); John K. 
Tener, Republican (1911- ). 

The almost unbroken line of Republican gov- 
ernors indicates that Pennsylvania has been 
for years one of the safest of the Republican 
states in national elections. In the four cam- 
paigns beginning with 1896, the plurality of 
the Republican presidential electors almost 
reached 300,000, and in the campaign of 1904 
when Theodore Roosevelt was elected President, 
it attained the unprecedented number of 505,- 
519 votes. During the last twenty years in 
the national House of Representatives, the Re- 
publicans have enjoyed a total representation 
first of twenty-eight and then of thirty-two 
members, while the number of Democrats in 
the same body has never been more than ten 
and was only one in the Fifty-ninth Congress. 
The two large cities of Philadelphia and Pitts- 
burgh, especially, have shown themselves to be 
the strongholds of the Republican party. 

The strength of this party organization, per- 
haps unparalleled outside a municipality, has 
been attributed by various writers to: (1) the 
reciprocal benefits derived from a paternalistic 
tariff; (2) the easily influenced foreign vote; 

(3) the apathy and antipathy of the many re- 
ligious sects; (4) the power of two large cities 
easily controlled, in offsetting the rural vote 
and in smothering independent movements; 

(5) the effect of appropriations made to hun- 
dreds of hospitals, "homes" and various chari- 



665 



table enterprises scattered through the state, 
whose employees constitute a reciprocal con- 
stituency; (6) the effect of the mountain to- 
pography of the state whose valleys magnify 
local interests and hinder concerted action. 
Attention is frequently called to the fact that 
Pennsylvania is the only state crossing the 
mountains which has not divided along the 
mountain tops. There are really two states 
in one, seaboard interests dominating the east : 
ern part and its chief city, inland interests 
control the western end and its chief city. One 
United States Senator has been chosen regu- 
larly from each city and the governorship given 
to each end of the state by turn. State asso- 
ciations alternate their meetings in the same 
manner. The Democratic party, weakened by 
long absence from office and the loss of the 
disciplinary power of patronage, has been ac- 
cused of bargaining with the controlling party 
for office. Occasional dissatisfaction is mani- 
fest as when in 1906 William H. Berry, a 
Democrat, was elected state treasurer. In 
1910, the Socialist party polled 53,053 votes 
and elected one member of the state assembly. 
In 1912 the Progressives elected 25 members 
of the legislature. 

School System. — The school system, as de- 
termined by the school code of 1911, divides 
the state into four classes of school districts 
according to population, which are supervised 
by boards of school directors varying in num- 
ber from five to fifteen according to the class of 
the school district. These directors provide 
free books and school supplies and meet in 
convention every four years to elect a county 
superintendent who may have one or more as- 
sistant superintendents, if the number of school 
districts in the county exceeds 200. School 
attendance is compulsory for children between 
eight and sixteen years of age for at least 70 
per cent of the school term. The educational 
policy of the state is directed by a superin- 
tendent of public instruction and by a state 
board^ of education composed of six members 
who hold office for six years. The state appro- 
priates money for thirteen normal schools and 
for higher education in several institutions. 

Population. — The population of Pennsylvania 
in 1790 was 434,373, including 3,737 slaves. 
In 1850, it had reached 2,311,786. The census 
of 1900 showed a total population of 6,302,115, 
of whom 982,543 were whites of foreign birth. 
In 1910 the number of people in the state had 
grown to 7,665,111. This rapid increase in the 
population of the state is due to its immense 
opportunities in agriculture, mining, and man- 
ufacturing. A large part of this population 
has always been foreign-born and employed in 
common labor in mines and mills. This, to- 
gether with the fact that the state is separated 
into a number of natural divisions by moun- 
tains and rivers, has prevented complete assim- 
ilation of the population and created the prob- 
lems which accompany a foreign element. 



PENSION BUREAU— PENSIONS, CIVIL 



See Constitutions, State; Goveknor; Par- 
ty Organization in Pennsylvania; State 
Governments; State Legislature. 

References: F. N. Thorpe, Federal and State 
Constitutions and Charters (1909), V, 3035- 
3152; Colonial Records and Pennsylvania Ar- 
chives (1852-1907) ; S. Hazard, Annals of 
Pennsylvania, 1609-1682 (1850) ; Report of the 
Resurvey of the Maryland-Pennsylvania Bound- 
ary Part of the Mason and Dixon Line, author- 
ized by the Legislatures of Maryland and Penn- 
sylvania (1909) ; H. P. Miller and others, 
Smull's Legislative Handbook and Manual of 
the State of Pennsylvania (1910) ; A. S. Bolles, 
Pennsylvania, Province and State, 1609-1790 
(1899) ; B. Farree, Pennsylvania, a Primer 
(1904) ; S. G. Fisher, The Making of Pennsyl- 
vania (1898) ; H. M. Jenkins, Pennsylvania, 
Colonial and Federal ( 1903 ) ; J. R. Sachse, The 
German Sectarians of Pennsylvania, 1708-1742 
(1899) ; I. Sharpless, Two Centuries of Penn- 
sylvania History (1900), Quakerism and Poli- 
tics ( 1905 ) . Edwin Earle Sparks. 

PENSION BUREAU. The office of commis- 
sioner of pensions was established in the War 
Department in 1833, and in 1849 became a 
bureau of the Interior Department. Its chief 
function is to examine and pass upon claims 
for pensions under the laws of the United 
States providing for pensions for service in 
war. It is divided into numerous divisions. 
The Bureau has power to decide and certify 
who is entitled to a pension and the certificate 
of the commissioner of pensions is prima facie 
evidence of title. Many private pension bills, 
providing for payment in particular cases, are 
passed by Congress. See Interior, Depart- 
ment of; Pensions. References: C. H. Van 
Tyne and W. G. Leland, Guide to the Archives 
(1907), 209-219; J. A. Fairlie, National Ad- 
ministration ( 1905 ) , 205-208. A. C. McL. 

PENSIONS, CIVIL. Advantages.— The grant- 
ing of pensions or retirement allowances to 
employees of the civil service is exceptional 
in the United States, although long established 
in the leading countries of Europe and in Can- 
ada and New Zealand. There exists an un- 
questioned popular prejudice in this country 
against the granting of civil pensions, founded 
on the belief that they are contrary to Ameri- 
can ideals; and this has been fostered, in 
part, by popular recognition of extravagance 
and dishonesty in the granting of military 
pensions. This prejudice has, however, been 
diminishing in recent years for several reasons. 
Increasing recognition has been given to the 
economic value of properly devised pension 
or retirement systems. This has led to their 
adoption by a considerable number of rail- 
roads and large industrial plants as well as 
leading institutions of learning. The higher 
administrative officials of the government as 
well as the employees, favor some humanitar- 



ian method of securing the removal of those 
whose further retention leads to inefficiency 
and the blocking of the road to promotion for 
those younger and more capable. Their demand 
has found expression in presidential messages 
recommending the passage of retirement legis- 
lation; in the introduction of numerous retire- 
ment measures in Congress and state legisla- 
tures; and in the organization of public em- 
ployees in support of these measures. Only 
a Very small minority of public employees are, 
today, however, subject to a pension system 
and in the federal service civil pensions are 
practically unknown except for judges. Such 
pension systems as now exist are generally to 
be found in branches of the public service akin 
to the military and naval services — in which 
general pensions have existed for years — and 
also where service involves some bodily rislc, 
such as the revenue cutter service and police 
and fire services in cities. Exceptions to this 
rule are to be found in the case of pensions to 
school teachers and in local pension legislation 
of recent date. 

Foreign Pension Systems. — Recognition of a 
duty on the part of the state towards its em- 
ployees who have become incapacitated after 
long years in its service appears in European 
countries from an early date. The first general 
pension act in England was adopted in 1810, 
but superannuation funds had existed in cer- 
tain departments prior to that date and a prac- 
tice of granting superannuation allowances out 
of general revenue to deserving , employees had 
also obtained. By acts of 1822 and 1834 fixed 
contributions from the salaries of employees 
were required. Investigations by a committee 
of the House of Commons, appointed in 1856, 
proved that the contributions were inadequate 
to meet the charges; the system was popu- 
larly regarded as inequitable and in 1857 the 
act of 1834 was repealed. Under the super- 
annuation act of 1859, a system of free or 
"straight" pensions at government expense was 
established; those reaching the retirement age, 
receiving one-sixtieth of the latest salary re- 
ceived, for each year of service, up to forty- 
sixtieths. General complaint on the part of 
the employees that the pension was taken into 
account in fixing low salaries led to the ap- 
pointment of a Commission of Inquiry in 1902. 
A law, which was enacted in 1909, reduced 
the maximum pension to forty-eightieths of 
the salary received, certain benefits being as- 
sured to those who retire or die before reach- 
ing the retirement age. In the other countries 
of Europe and in Canada and New Zealand the 
pensions are generally in part contributory and 
in part at the expense of the state, but a great 
diversity in system and in the amount of the 
contributions exists. 

American Systems. — In the United States 
the civil pension systems in force are entirely 
lacking in uniformity both as regards contri- 
butions by employees and as regards the bene- 



666 



PENSIONS, CONFEDERATE 



fits received on reaching the age of retirement. 
The straight pension has been adopted in a few 
cases, but usually the system is in part con- 
tributory. Some systems are purely voluntary 
for the employees to enter into or not, as they 
see fit; others fix no retirement age, but re- 
quire merely a certain length of service. In 
certain cases the superior officer is given no 
power to retire the superannuated. In general, 
the older systems are crude and are not based 
on actuarial statistics which permit of the 
ascertainment of the future cost to the govern- 
ment of their continued maintenance. Amend- 
ments are frequently made to them, increasing 
the benefits accruing to the employees. This 
diversity in system is well represented by pen- 
sion conditions in New York City. Members 
of the police force are required to contribute 
two per cent of their salaries; members of 
the fire department contribute nothing. School 
teachers contribute one per cent; members of 
the street cleaning force, three per cent; mem- 
bers of the health department, who voluntarily 
enter the system, one per cent. The police 
pensions are easy to obtain. Any policeman 
who has served twenty years is entitled to 
retire on half pay. 

In 1911, the legislatures of Illinois and Mas- 
sachusetts passed acts providing for general 
pension systems, in part contributory. The 
Illinois plan applies to cities of over 100,000 
inhabitants and the Massachusetts law to em- 
ployees of the state and the metropolitan dis- 
trict. 

Proposed Federal Plans. — Bills recently 
before Congress have provided for a retirement 
system based solely on contributions, as ad- 
vocated in the annual message of the President 
to Congress in December, 1910, as well as for 
the straight pension system, which is endorsed 
by a majority of the organized federal em- 
ployees. Under the bill to carry out the con- 
tributory plan the government is to keep an 
individual account with each employee and to 
guarantee a minimum rate of interest upon 
the contributions made; contributions are to 
be based upon annual salary and age of en- 
trance into the service and are fixed at such 
percentage of salary as will provide at com- 
pound interest upon reaching the retirement 
age an adequate annuity. 

See Pensions foe Teachers; Pensions, 
Military and Naval. 

References: U. S. Civil Service Commission, 
Reports, especially 21st Report, 242-8, 23rd 
Report, 11-12; Committee on Superannuation, 
Reports; National Civil Service Reform 
League, Proceedings, 1901, 1906, 1907, 1909, 
1910; Senate Docs., Nos. 290 and 745; New 
York Civil Service Reform Association, Special 
Committee on Retirement Legislation, Report, 
1911; Citizens Union of the City of New 
York, Pension Committee, Reports, 1911, 
Am. Year Book, 1910, 178, 434, ibid, 1911, 391, 
ibid 1912, 168. Eliot H. Goodwin. 



PENSIONS, CONFEDERATE. While the 
eleven former Confederate states are large con- 
tributors through federal indirect taxation to 
the support of the national pension system, 
they have willingly undertaken the additional 
burden of caring for their own veterans. All 
of them are maintaining state pension systems 
for ex-Confederates and their widows, support- 
ed by a special direct tax on assessed property, 
or taken out of general treasury funds. The 
administration of the pension system is usually 
under direction of the state auditor or comp- 
troller, though Tennessee, Louisiana, and Flori- 
da have state boards of pensions; and Georgia 
and Texas have each a commissioner of pen- 
sions. 

Since 1879, Georgia, the state most interest- 
ing in its pension system, has expended over 
$17,000,000 for this purpose. This began with 
appropriations for artificial limbs in 1879 and 
again in 1887; regular payment of annual in- 
valid-pensions dates from 1889. In 1893 
widows of Confederate soldiers who died from 
causes of service origin were placed upon the 
pension roll. Provision was made for indigent 
veterans in 1896. Increasing liberality was 
shown in 1902 by granting pensions to indigent 
widows of Confederate soldiers without regard 
to the cause of the husband's death. In 1911 
a new service-pension law had the effect of 
increasing the number of Georgia pensioners 
to 19,764, and the expenditures for the 
year to $1,180,000. Georgia pays to the dis- 
abled rates ranging from $150 a year for total 
loss of sight to five dollars a year for loss of 
a thumb. These may be compared with federal 
rates for the same disabilities of $1200 and 
$96 respectively. The pensions of all widows 
and indigent soldiers under the Georgia system 
are at the rate of $60 a year. 

While Alabama ranks next to Georgia in 
total annual expenditure, it is worthy of note 
that Florida takes first place in liberality of 
rates due to a special tax levy of four mills 
upon the dollar of all taxable property for 
pension purposes. 

The following table exhibits pension statis- 
tics collected from the various southern states 
for 1910. Several of these states have in- 
creased largely their pension appropriations 
for more recent years. 



State 


Number of 
Pensioners 


Amount Ex- 
pended in 1910 


Alabama 


17,484 
8,764 
5,905 

15,772 
2,750 
9,225 

17,000 
9,592 
7,590 

11,571 

16,000 


$857,002 
540,000 


Florida 


644,606 


Georgia 

Louisiana 


937,554 
150,000 


Mississippi ___ 

North Carolina — 
South Carolina — 
Tennessee 


400,000 
450,000 
252,102 
500,000 
500,000 


Virginia 


515,000 


Total 


121,653 


$5,746,354 



91 



667 



PENSIONS FOR TEACHERS— PENSIONS, MILITARY AND NAVAL 



The Confederate pension systems with their 
modest provisions are much less open to ob- 
jection than the extravagant federal system, 
but complaints of abuses have been heard in 
Georgia, Alabama, North Carolina and other 
states. 

See Confederate States; Fourteenth 
Amendment ; Pensions, Military and Naval. 

References: State Auditor of Alabama, Re- 
ports, 1910; State Board of Pensions of Flor- 
ida, Reports, 1911; Commissioner of Pen- 
sions of Georgia, Reports (1910, 1911) ; W. H. 
Glasson, "The South's Care for Her Confed- 
erate Veterans" in Review of Reviews (1907), 
"Federal and Confederate Pensions in the 
South" in South Atlantic Quarterly (1910), 
South in the Building of the Nation (1910), 
VI. William H. Glasson. 

PENSIONS FOR TEACHERS. Pensions or 
retiring allowances for teachers are usually 
based upon length of service, rarely upon dis- 
ability. There are two sorts : those paid di- 
rectly from the public or institutional treasury, 
and those made up from contributions of teach- 
ers and from appropriations by the state or 
locality. 

Twenty-four states have provided for general 
state-wide pensioning of teachers (New Jersey, 
Maryland and Rhode Island without contribu- 
tions) ; or have authorized or directed mu- 
nicipalities or districts to provide and pay 
retiring allowances, e. g., Illinois, Pennsyl- 
vania, Wisconsin, Kansas, Utah, Oregon, us- 
ually embodying the contributory feature. 
For New York as a whole, the state teacher's 
retirement fund is made up of legislative ap- 
propriations and salary deductions of one per 
cent retained from the state apportionment of 
school moneys. The annuities are limited to 
$600. Wisconsin has a similar system (ex- 
cepting Milwaukee, with its own system ) , op- 
tional for teachers in service before Septem- 
ber, 1911, and compulsory for all teachers 
thereafter, with contributions of one per cent 
of salaries for the first ten years, and two per 



cent for the second ten years not exceeding $30 
annually, the maximum annuity to be $450. 

Many municipalities have their own pension 
systems, some of them having been established 
before the movement spread to the states; for 
example, New York City (1894), Brooklyn, 
Boston, Baltimore, Chicago, Milwaukee, San 
Francisco, Detroit, Charleston, S. C, Rochester, 
and Elmira. 

The term of service prerequisite to receiving 
a pension varies from 25 to 40 years, sometimes 
with limitations as to age, or as to service 
entirely within the district or the state. Max- 
imum annuities are $200, $500, $650 and $800. 

Several universities, like Harvard, Cornell, 
California, and Chicago, have established sys- 
tems of retiring allowances for university 
teachers and officers. The Carnegie Founda- 
tion for the Advancement of Teaching, with an 
original capital of $10,000,000, to be increased 
to $15,000,000, was created to provide retiring 
allowances, ranging from $1,000 to $4,000, for 
teachers in those colleges and universities in 
the United States and Canada which meet cer- 
tain prescribed standards and which are not 
under denominational control. State supported 
institutions were admitted to its privileges in 
1908. Under present rules (1912), persons in 
accepted institutions who have reached the age 
of 65 years and who have served as teachers 
or officers at least 15 years, or who, after a 
minimum service of 25 years are disabled, are 
eligible for pensions. On October 1, 1912, 72 
institutions were on the accepted list, and 398 
persons received pensions amounting to $570,- 
000 for the preceding year. 

See Education, Recent Tendencies in; 
Pensions, Civil; Pensions, Military and 
Naval; School Finance; Teachers, Legal 
Qualifications for. 

References: Nat. Ed. Assn., "Teachers' Pen- 
sion Laws in the U. S." in Report on Teachers' 
Salaries and Cost of Living (1913), 266-328; 
S. T. Dutton and D. S. Snedden, Administra- 
tion of Pub. Educ. in the U. S. (1908), 267- 
271. Kendric C. Babcock. 



PENSIONS. MILITARY AND NAVAL 



Basis. — A military pension is, speaking 
broadly, a regular allowance made by a govern- 
ment to one who has been in its military 
service, or to his widow or dependent relatives. 
Since the performance of military service may 
be required as a duty of citizenship, no claim 
for a pension as relief, compensation, or reward 
can have validity except at the will of the 
state. A military pension must, therefore, be 
regarded as a gratuity given to former soldiers 
for reasons satisfactory to the government con- 
cerned, whether to compensate for physical in- 
juries, or to relieve want, or purely as a re- 



ward. Military pensions may be divided into 
the classes of invalid-pensions (or disability- 
pensions) and service-pensions. An invalid- 
pension is one granted on account of wounds or 
injuries received, or disease contracted, in 
actual military service, usually without regard 
to the length of enlistment. A service-pension 
is granted to one who has been in military 
service for a prescribed length of time, usually 
without regard to the existence of any injury 
or disability of service origin. Under limited 
service-pension laws the service requirement 
is sometimes supplemented by a requirement 



668 



PENSIONS, MILITARY AND NAVAL 



that the applicant be in indigent circumstances, 
or that he have some disability for earning a 
living (though not of service origin), or that 
he has reached a certain age. 

In European countries military pensions 
have usually been granted on account of service, 
extending over long periods of years or be- 
cause of injuries or disease contracted in actual 
military service. This is the case in such 
countries as Great Britain, France, and Ger- 
many. In Germany, appointments to minor 
positions in the civil service are frequently 
given in lieu of pensions. Nothing in foreign 
countries can be found to compare with the 
laws of the United States pensioning hundreds 
of thousands of persons on the basis of a short . 
service without reference to disability incurred 
in the performance of military duty. 

Colonial and Revolutionary. — Plymouth col- 
ony provided as early as 1636 for the main- 
tenance of maimed soldiers during life, and 
similar laws were passed by several of the other 
colonies in the seventeenth and eighteenth cen- 
turies. The first national pension law, August 
26, 1776, promised half pay for life or dur- 
ing disability to every officer, soldier, or sailor 
losing a limb in any engagement, or being so 
disabled in the service of the United States as 
to render him incapable of earning a liveli- 
hood. In 1780 half pay for life was promised 
to officers who should continue in service to the 
end of the war. Against violent public op- 
position this grant was commuted in 1783 by 
the issue of certificates to the amount of five 
years' full pay. This proved an ineffective set- 
tlement, and the matter was not finally closed 
until full pay for life was granted to the of- 
ficers surviving in 1828. Congress looked in 
vain to the states to execute these and other 
pension laws passed during the progress of the 
Revolution and under the Articles of Confed- 
eration. 

In 1789 the Federal Government assumed the 
payment of Revolutionary invalid-pensions and 
arrears. The act of February 28, 1793, pen- 
sioned invalid commissioned officers at one-half 
their monthly pay and privates at $5 a month. 
A gradual increase of liberality as to classes 
of beneficiaries culminated in the important 
act of April 10, 1806. The rate of a private's 
pension was increased to $8 a month by the 
act of April 24, 1816. 

Pension Legislation (1818-1860). — Service- 
pensions were for the first time granted to the 
soldiers of the Revolution by the act of March 
18, 1818. This law was intended for the bene- 
fit of needy persons who served until the end 
of the war, or for a period of nine months. It 
granted $20 a month to officers, and $8 a 
month to privates, during life. Flagrant 
abuses under this measure aroused public in- 
dignation, and remedial legislation in 1820 
caused thousands of names to be removed from 
the pension rolls. The Revolutionary service- 
pension act of 1832 granted full pay for life 



669 



to those who had served two years, and a pro- 
portionate amount to those who had served not 
less than six months. Excepting a half-pay 
grant to the widows and orphans of officers 
made in 1780, there was no general legislation 
for the benefit of Revolutionary widows until 
the act of July 4, 1836. This was the first of 
a long series of laws for that purpose. It is 
estimated by the Bureau of Pensions that a 
total of about $70,000,000 has been expended 
for Revolutionary pensions. 

Beginning with 1790 invalid-pension pro- 
visions were made for the soldiers of the 
regular army. Invalid-pensions were also pro- 
vided for the soldiers of the War of 1812, of 
the several Indian wars, and of the War with 
Mexico. Many years later the surviving sol- 
diers of all of these wars were granted service- 
pensions. 

A navy pension-fund was established by acts 
of 1799 and 1800 to be made up of the govern- 
ment's share of prize money. This fund be- 
came of importance during the War of 1812 
but was exhausted in 1842. It was revived 
and grew to $14,000,000 during the Civil War. 
After 1870 the income of the fund was inade- 
quate to pay navy pensions. 

For service prior to March 3, 1855, bounty 
lands have also been granted. The records of 
these land grants, which are incomplete, show 
that up to June 30, 1912, 598,690 bounty land 
warrants had been issued for 68,792,270 acres 
of land. 

Civil War Pensions. — At the outbreak of the 
Civil War there were only about 10,700 pen- 
sioners, who received during the fiscal year 
1861, $1,072,000. The act of July 14, 1862, 
was the first important Civil War pension law. 
Its total disability rates ranged from $8 a 
month to $30 according to rank. In case a 
soldier died from causes of service origin, pro- 
vision was made for pensioning either his 
widow, or his orphan children under sixteen 
years, or certain other dependent relatives. 
This act applied to all military service subse- 
quent to March 4, 1861. 

By the act of July 4, 1864, and later liberal 
laws of similar character the practice of estab- 
lishing fixed rates for certain specific disa- 
bilities was introduced. Total disability to 
perform manual labor was at first pensioned* 
at $8 a month under the act of 1862. A specif- 
ic rate of $30 a month was later established 
for this same degree of disability, and the $8 
rate was given for such disabilities as the loss 
of a thumb or the stiffening of a wrist. To 
illustrate the increasing liberality of Civil War 
penion ratings, it may be stated that the loss 
of both hands in either military or naval serv- 
ice was pensionable at $8 a month beginning 
with July 14, 1862 ; at $25 a month from July 
4, 1864; at $31.25 a month from June 4, 1872; 
at $50 a month from June 4, 1874; at $72 a 
month from June 17, 1878; and at $100 a 
month from February 12, 1889. 



PEONAGE 



In a similar way, widows' pensions have 
constantly grown more liberal since 1862. The 
requirement that the husband's death be the 
result of army service was abandoned in the 
act of June 27, 1890. Under the act of April 
19, 1908, pensions of $12 a month are granted 
to widows of soldiers of the Civil War upon 
proof that the soldier served at least 90 days, 
that he was honorably discharged, that he is 
dead, and that the widow married the soldier 
prior to June 27, 1890. 

Mention should be made of the extravagant 
Arrears Act of January 25, 1879, under which 
arrears were paid dating back to the soldier's 
death or discharge on valid claims presented 
before January 1, 1880. The direct and in- 
direct cost of this law reached hundreds of 
millions of dollars. 

Service Pensions. — Besides the invalid, or 
general-law, pension system for Civil War 
soldiers, an exceedingly costly service system 
has grown out of the act of June 27, 1890. 
This act granted pensions to those who served 
90 days or more in the army or navy during 
the war and were honorably discharged. The 
grant was subject to the existence of some de- 
gree of permanent disability for manual labor, 
though this disability need not be due to mili- 
tary service. Rates ranged from $6 to $12 a 
month according to the degree of disability. 
Beginning with 1904 an executive order by 
President Roosevelt directed that old age 
(over sixty-two years) should be considered a 
pensionable infirmity in administering the act 
of 1890. On February 6, 1907, a service and 
age pension act became law. This granted pen- 
sions at $12 a month to persons aged sixty- 
two for sixty days service in the Mexican War 
or ninety days service in the Civil War; $15 
a month was allowed at the age of seventy, and 
$20 a month to those seventy -five years of age 
and over. 

The act of 1907 was superseded by that of 
May 11, 1912, which grants pensions at $30 a 
month for sixty days' service in the War with 
Mexico, and at $13 to $30 a month for service 
in the Civil War, the rates being graded both 
according to age (whether 62, 66, 70, or 75) 
and according to length of service (whether 
ninety days, six months, one year, one and 
one-half years, two years, two and one-half 
years, or three years). The long sought "dol- 
lar-a-day pension" was thus obtained for very 
aged soldiers who served for an extended pe- 
riod. It is expected that the act of 1912 will 
increase the annual expenditure for pensions to 
about $180,000,000, the largest outlay in the 
history of the country. 

War with Spain. — The Civil War invalid- 
pension laws have also been applied to the 
War with Spain and the insurrection in the 
Philippine Islands at a cost to June 30, 1912, 
of $35,114,062. 

Special Acts. — From 1861 to 1912 Congress 
has granted 39,472 pensions by special act. 



670 



The Sixty-first Congress (1909-1911) passed 
9,649 special acts, nearly 1500 more than were 
passed in the forty years from 1861 to 1901. 
Many claims are thus allowed which have been 
rejected by the Pension Bureau — often because 
they are absolutely without merit. These 
special acts are put through the form of pass- 
age with remarkable speed and with little or 
no attention other than that given by the com- 
mittee reporting them. 

Cost of Pensions. — The total disbursements 
for military pensions from the foundation of 
the government to June 30, 1912, amounted to 
$4,383,368,000. Civil War pensions have cost 
$4,129,699,000. The number of pensioners on 
the roll at the close of the fiscal year 1912 was 
860,294, and the total amount expended for 
the year was $152,986,000, excluding $2,449,000 
expenses of administration. 

See Bounties to Soldiers and Sailors; 
Cost of Government in the United States; 
Expenditures, Federal; Pensions, Civil; Re- 
tirement of Military and Naval Officers; 
Soldiers' Homes. 

References: J. L. Davenport, "Foreign Pen- 
sion Systems" in Senate Doc, 57 Cong., I Sess., 
No. 56 (1901-1902); W. H. Glasson, Hist, 
of Military Pension Legislation in U. S. 
(1900), "A Costly Pension Law— Act of June 
27, 1890" in So. Atlantic Quart. (1904), "Na- 
tional Pension System as Applied to the Civil 
War and the War with Spain" in Amer. Acad, 
of Pol. and Soc. Sci., Annals, 1902; the U. S. 
Commissioner of Pensions, Annual Reports 
(1833-1912), J. A. Fairlie, National Adminis- 
tration (1905), 205, 208; E. H. Hall, "Indigni- 
ty to our Citizen Soldiers" in Discourses 
(1893) ; A. P. Hovey, Soldiers' Rights (3d. ed., 
1890) ; E. C. Mason Veto Power (1890), §§ 71- 
81; bibliography in A. B. Hart, Manual 
(1908), § 227. William H. Glasson. 

PEONAGE. Federal Legislation.— The Fif- 
teenth Amendment gives Congress power to 
enforce the amendment by "appropriate leg- 
islation" but so far only two statutes have 
been passed upon the subject; by the statute of 
March 2, 1867, Congress prohibited "the system 
known as peonage;" June 23, 1874, it was pro- 
hibited "to kidnap or carry away any other 
person with intent to hold him for involuntary 
servitude." The equally serious offense of de- 
taining a person and requiring forced labor 
of him is not defined, though it may be in- 
directly brought within one of the two statutes 
mentioned. The peonage statute was passed to 
cover a system in New Mexico and other ces- 
sions from Mexico, by which an employee in 
debt to his employer could be obliged to serve 
so long as that debt continued. 

The term is, however, commonly applied 
to the holding, and compelling to serv- 
ice by physical punishments, of men and women 
who have contracted to perform certain labor 
and are unwilling to carry it out. The prac- 



PEOPLE— PEOPLE OF THE UNITED STATES, LEGAL SENSE OF 



tice is very wide-spread, lias been traced in 
some northern lumber camps, and is used in 
North Dakota and probably other middle west- 
ern states to keep tramps at work for the 
farmers; but has been particularly active in 
the southern states. Repeated complaints have 
been made to the consuls of foreign govern- 
ments that their countrymen, whose railroad 
fare had been paid by labor agents on condi- 
tion that they work it out, were held in cap- 
tivity, even though the contract on the other 
side had been grossly violated. The same thing 
happened to American born citizens, particular- 
ly the negroes; and in some cases stockades 
were built and negroes passing by were laid 
hold of and compelled to work inside the 
stockade. 

Most of the cases of peonage arise out of a 
contract by a man, usually a negro, to work 
a particular piece of land. If he gives up in 
the middle of the season, there is nobody to 
replace him. Inasmuch as the law of no state 
recognizes the right of a master to compel the 
labor of an employee directly, the usual method 
in such cases is under state statutes, to hold 
the breach of contract to be a misdemeanor 
which is punished by fine; since there is rarely 
money to pay fines, the sentence has to be 
worked out at so much a day. Then the legal 
authorities turn over the hand, as a prisoner 
of the state, to the original master during this 
period of forced service. 

Court Cases. — As prosecutions for peonage 
before the state courts were not successful, 
about 1902 various suits were entered in the 
federal courts of the South. Some of the most 
serious and law-defying compellors of labor 
were sent to the penitentiary out of hand. In 
1905 in the test case of Clyatt vs. U. S. (197 
U. 8. 207), the Supreme Court of the United 
States affirmed the constitutionality of the 
peonage act. In Bailey vs. Alabama in 1908 
(211 U. S. 452), the* Court refused to pass 
on the Alabama statute; but in a second case 
of Bailey vs. Alabama, decided Jan. 3, 1911 
(219 U. 8. 219), the Supreme Court held void 
the Alabama statute under which negroes were 
practically compelled by courts to work out 
their labor contract. 

See Labor Contracts; Labor, Freedom of; 
Liberty, Legal Significance of; Slavery as 
a Labor System; Soldiers and Sailors, Le- 
gal Status of. 

Reference: A. B. Hart, Southern South 
(1910), ch. xx. Albert Btjshnell Hart. 

PEOPLE. The word "people" has been used 
to signify so many different things that it no 
longer signifies any one thing exclusively. Its 
confusion with "nation" is noted elsewhere 
(see Nation). It is employed, as well, to 
denote human beings in general, as distin- 
guished from brutes; indefinite individuals as 
in the phrase, "people say"; those closely con- 
nected with an individual, as members of the 



67X 



family, dependents or domestics; ordinary cit- 
izens as distinguished from holders of political 
office; and, finally, the entire body of subjects 
or citizens of a state. This last meaning 
accords with the German usage, which ascribes 
to the corresponding work, Yolk, a political 
signification. Furthermore it enjoys the ap- 
probation of many careful American scholars. 
A people, then may be defined as an aggregate 
of human beings living under a single politi- 
cal control. 

Granting the foregoing definition, can the 
word "popular" be used to describe those 
political activities where unanimity is im- 
possible? What is "government of the people, 
for the people and by the people"? We can- 
not, in answering this question, escape a nu- 
merical test. A government is of the people 
when a majority of its citizens approve it. It 
is for the people, however, only when the wel- 
fare of every citizen concerns it. It is by 
the people when the opinions of a majority 
of its citizens control it. Real popular govern- 
ment is government of a majority of the people, 
for all the people, by representatives of all the 
people, chosen, however, by only a part of 
them. 

See Person; Popular Government; Repre- 
sentative Government. 

References: W. W. Willoughby, The Nature 
of the State (1896), 9-14; T. D. Woolsey, 
Pol Sci. (1889), 205, 206. 

Henry A. Yeoman s. 

PEOPLE OF THE UNITED STATES, LE- 
GAL SENSE OF. In our American constitutions 
the term "people" is used in two senses; first, 
as designating that body of persons in whom 
ultimate sovereignty (see) reposes and from 
which the powers of government are derived, 
and, second, as constituting that body of per- 
sons whose rights are designed to be guaran- 
teed and protected. In the first of these mean- 
ings, the term designates that body of persons, 
in fact a minority of the whole body of the 
people, vested with political rights and priv- 
ileges, who are authorized in some way to 
exercise affirmative authority by means of the 
elective franchise. But even in this sense such 
persons have collectively only a qualified sov- 
ereignty for they can express their will only 
in methods and on occasions and with reference 
to questions as provided for in the constitu- 
tions under which they attempt to act. In a 
sense not fully defined or recognized in con- 
stitutional provisions, the term "people" is 
used to include all persons composing the state 
or nation in its collective and political capac- 
ity, and in this sense the term is used in the 
Declaration of Independence, which proclaims 
the right of revolution. But any action of the 
people as a whole or any portion of the people 
not authorized by constitutional provisions is 
necessarily unconstitutional and so far as it 
is thus attempted to interfere with or over- 



PEOPLE'S COUNSEL— PERSON, LEGAL SENSE OF 



throw authority exercised in accordance with 
constitutional provisions is revolutionary. 

The term "people" as used in the preamble 
to the Federal Constitution and in the Tenth 
Amendment declaring on the one hand that 
"the people of the United States" for purposes 
specified "do ordain and establish this Con- 
stitution," and on the other hand that "the 
powers not delegated to the United States by 
the Constitution nor prohibited by it to the 
states, are reserved to the states respectively 
or to the people" seems to have reference to the 
body of persons possessing political powers and 
privileges, and authorized, in methods pointed 
out, to express their will, and, therefore, in 
effect, the body of persons authorized to ex- 
ercise the elective franchise. 

See Person; Popular Government; Repre- 
sentative Government; Sovereignty of the 
People. 

References: J. Story, Commentaries on the 
Constitution (5th ed., 1891), §§ 463-517; T. 
M. Cooley, Constitutional Limitations ( 7th ed., 
1903), 56-69; H. C. Black, American Consti- 
tutional Law (3rd ed., 1910) 15-54; J. A. 
Jameson, Constitutional Conventions (4th ed., 
1887). Emlin McClain. 

PEOPLE'S COUNSEL. A term applied es- 
pecially in New York City to lawyers furnished 
by benevolent associations, to give gratuitous 
legal advice to the poor or oppressed. 

O. C. H. 

PEOPLE'S PARTY. The official name for the 
party popularly known as the Populist party. 
See Populist Party; Silver Coinage Contro- 
versy. 0. C. H. 

PERMANENT APPROPRIATION. Perma- 
nent appropriations are made by Congress for 
the support of obviously necessary branches 
of the government, such as judicial salaries, 
interest on the public debt and so on. They 
are made payable out of any funds in the 
treasury not otherwise appropriated. Mili- 
tary appropriations cannot be made more than 
two years in advance; otherwise, there is no 
constitutional limitation on what shall be 
permanent and what annual. The proportion 
of the permanent is something more than one- 
third of the total. Similar systems prevail in 
some of the states, commonly in the form of 
an appropriation of a specific portion of the 
annual tax for a designated purpose. Thus the 
public schools and the state universities in 
various states receive the proceeds of a fixed 
tax rate on all property assessed for taxation, 
which therefore, gives them an income increas- 
ing with the wealth of the community. See 
Appropriations, American System; Assess- 
ment of Taxes; Cost of Government in the 
United States; Estimates, Treasury. Ref- 
erence: A. C Hinds, Precedents of House 
(1907). A - B - H - 



PERMANENT CHAIRMAN. The committee 
on permanent organization of a convention re- 
turns the name of a chairman and other offi- 
cers. In the national convention, when the re- 
port of this committee has been accepted, the 
permanent chairman is escorted to the chair, 
usually amid loud applause. His previously 
prepared address to the convention eulogizes 
the party, denounces their opponents and en- 
larges upon the main issues of the campaign. 
Throughout the complicated business of draft- 
ing a platform and electing candidates the tact, 
resourcefulness and impartiality of the chair- 
man determine whether the convention shall be 
a body worthy of the name or merely an un- 
restrained mob. The permanent chairman of 
a state or district convention occupies a simi- 
lar position and conducts much the same busi- 
ness. See Convention; Nomination of the 
President. References: A. B. Hart, Actual 
Government ( 1903 ) , 94 ; J. A. Woodburn, Pol. 
Parties (1909), 180; J. G. Blaine, Twenty 
Years of Congress (1884, 1886), I, 164, II, 
386-387; P. S. Reinsch, Readings on Am. Fed. 
Gov. (1909), 834-837. J. M. 

PERNICIOUS ACTIVITY. An expression 
applied by President Cleveland in 1886, in a 
letter to the heads of executive departments, 
to the practice of federal office holders attempt- 
ing to control political affairs in their home 
districts. See Offensive Partisans. 

O. C. H. 

PERSON, LEGAL SENSE OF. The term "per- 
son" is used primarily and generally to desig- 
nate a living human being, and in law it re- 
fers to such a human being as is capable of 
having rights and being charged with duties. 
It includes citizens, subjects, aliens, slaves and 
those who are under any disability, as well as 
those who are recognized as possessing the full 
measure of legal rights and subject in their 
full scope to legal obligations. But even in 
law it is a broad and general term and the 
sense in which it is used in any particular 
instance is usually to be ascertained from the 
context in which it is employed. When the 
Fourteenth Amendment says that no state 
shall deprive any person of his life, liberty, or 
property, without due process of law, the word 
person includes aliens and corporations. 

An ambiguity in the use of the term which 
must ' often be settled by construction arises 
from the recognition of a corporation as an 
artificial person. On account of this usage 
persons in law are classified as natural and as 
artificial persons. Constitutional provisions 
having reference to rights, duties, and guaran- 
ties will be construed as contemplating natural 
persons only so far as political rights, privi- 
leges and duties are concerned, but as having 
in contemplation both natural and artificial 
persons so far as they relate to civil rights and 
the general obligations to comply with the law. 



672 



PERSONA GRATA— PERSONAL PROPERTY 



Thus under the Fourteenth Amendment (sec) 
corporations are not citizens, but on the other 
hand the guaranties of due process of law ( see 
Due Pkocess of Law) and the equal protec- 
tion of the laws extend to them. They are not 
entitled to the privileges and immunities of 
citizens of the United States or citizen of 
the states (Art. IV, Sec. ii, H 1). On the 
theory that the members of a corporation 
are presumed to be citizens of the state of 
its creation, it is treated as a citizen of such 
state in determining the jurisdiction of the 
federal courts in controversies between citizens 
of different states {see Courts, Federal, Ju- 
risdiction of). A corporation is subject to 
the law on the theory that it is a person. 
Thus it may be punished for crimes of such 
character as that they may be committed 
through agents, although in the statutory or 
common law description of the crime no specific 
reference is made to corporations; but the 
punishment of the corporation as such can not 
be corporal but can consist only of fines and 
forfeitures. There are usually statutory pro- 
visions as to the method of proceeding for the 
punishment of crimes committed by corpora- 
tions. As artificial persons, corporations may 
sue and be sued like natural persons. 

For some purposes partnerships and other 
voluntary associations are treated as entities 
so that they may sue and be sued, but they 
are not regarded in law as artificial persons, 
and their rights and liabilities are determined 
on the theory that they are merely aggrega- 
tions of natural persons. The distinction be- 
tween a partnership and a corporation is that 
the former is created and continues to exist 
only by the voluntary action of its members, 
while the latter is created by the sovereign 
power and has permanent existence within the 
grant made by such power. Municipal cor- 
porations as well as private corporations are 
treated as artificial persons. 

See Citizenship; Privileges and Immuni- 
ties of; State Citizenship-, and under Cor- 
poration. 

References: Yick Wo vs. Hopkins, 118 U. S. 
356; Pembina Mining Co. vs. Pennsylvania, 
125 U. S. 181. E. McC. 



PERSONA GRATA. 

Diplomatic Usage. 



See Diplomacy and 



PERSONAL LIBERTY LAWS. The earliest 
personal liberty laws were statutes enacted 
by northern states to secure the benefit of trial 
by jury to - alleged fugitive slaves. The first 
of these were passed by Indiana (1824), Con- 
necticut (1838), Vermont and New York 
(1840). After the decision of the Supreme 
Court in the case of Prigg vs. Pennsylvania 
(16 Pet. 539 [1842]), laws were passed in sev- 
eral states forbidding state officials to enforce 
the act of 1793 for the return of fugitives from 
service. The Fugitive Slave Act of 1850 {see 



673 



Compromise of 1850) provoked a new series of 
personal liberty acts. Some states forbade all 
their officials to aid in the arrest and rendi- 
tion of fugitives, and prohibited the use of 
state jails for their detention. Other states 
sought to secure for fugitives the benefit of 
the writ of habeas corpus and trial by jury, 
and designated certain officials to act as coun- 
sel for them. The process of identification was 
made difficult in some states by requiring the 
testimony of two credible witnesses. Quite 
commonly, the seizure of a free person upon 
false representations was made punishable by 
heavy fine and imprisonment. Down to the 
close of 1860, at least ten northern common- 
wealths had sought to prevent the capture and 
return of fugitive slaves in some or in all of 
these ways. See Fugitive Slaves; Slavery 
Controversy. References: M. G. McDougall, 
Fugitive Slaves (1891), chs. ii, v; W. H. Sie- 
bert, The Underground Railroad from Slavery 
to Freedom (1898). A. J. 

PERSONAL LIBERTY PARTY. The Per- 
sonal Liberty party was a party in New York 
and Pennsylvania in 1887. At a convention at 
Albany, New York, the saloon element, giving 
itself the name of the Personal Liberty party, 
demanded that the Sunday laws and other 
liquor laws should be so modified as to permit 
saloons to be open Sunday afternoons and 
evenings, and that tax laws affecting liquor 
should be repealed. The Personal Liberty par- 
ty did not nominate candidates, but threatened 
its 75,000 votes against all candidates who 
refused to pledge to support the Personal Lib- 
erty principles. The New York Democratic 
state convention declared against "sumptuary 
laws needlessly interfering with the personal 
liberty of any portion of our citizens." The 
Republicans identified themselves with the lo- 
cal option movement. The Personal Liberty 
party largely supported the Democratic nomi- 
nees, who were generally successful in the 
cities. The Prohibitionists divided, some favor- 
ing the Republican, others their regular, nomi- 
nees. Similar results were found in Pennsyl- 
vania. The Republican state ticket was elect- 
ed, but some of the Democratic candidates for 
local offices in Philadelphia were elected, be- 
cause of the support from the Personal Liber- 
ty party. See Liquor Legislation. Refer- 
ences: Independent, XXXIX, Oct. 6, 1887, 
1265; ibid, Nov. 17, 1887, 1483, 1484; Public 
Opinion, IV (1887-8), 35, 36, 58, 82. 

T. N. H. 

PERSONAL PROPERTY. Property which 
is moveable as opposed to that which is fixed 
or "real." Besides chattels it includes in- 
corporeal personal property such as notes, 
bonds, corporate stock and other choses in 
action, and also interests in land less than a 
freehold. In a strict legal sense, the word 
property denotes the exclusive right of pos- 



PERSONAL PROPERTY TAX— PETITION, NOMINATION BY 



sessing, enjoying and disposing of a thing. 
See Property. Reference: H. E. Smith, Per- 
sonal Property (2d ed., 1908), §§ 1-3. 

H. M. B. 



PERSONAL PROPERTY 

Personal Property. 



TAX. See Tax, 



PERSONAL UNION. The term is used in 
political science {see) to indicate the connec- 
tion set up between two distinct and mutually 
independent states by the fact that each of 
them is under the same reigning sovereign. 
Some writers have classified the personal union 
as a form of composite state {see), but this is 
incorrect as the union does not form a single 
state but merely represents a certain relation- 
ship between two states. In point of law the 
reigning sovereign of a personal union is two 
distinct persons, being the head of each state. 
His constitutional relation to one of the states 
may be different from that which he occupies in 
the other. In one he may be an absolute, in 
the other a constitutional king. The existence 
of a personal union may be brought about by 
the succession of a ruling monarch of one state 
to the crown of another or by election, or by 
treaty. Examples of personal unions are seen 
in the case of the junction of Great Britain and 
Hanover from 1714 to 1837, in that between 
Holland and Luxembourg 1815 to 1890, and 
that between Schleswig-Holstein and Denmark, 
1776 to 1863. See States, Classification of. 
Reference: J. W. Garner, Intro, to Pol. Sci. 
(1910), 137, 138. S. L. 

PERSONATION OF VOTERS. An expres- 
sion used to denote plural voting by the same 
man at the same polling place under different 
names. The practice is guarded against by 
thorough registration laws. 0. C. H. 

PERU. Republic, originally a viceroyalty 
embracing all the Spanish possessions of South 
America, declared independence July 28, 1821. 
It lies on the west coast of that continent, 
but has an east coast outlet through the port 
of Iquitos, 2,300 miles from the Atlantic, up 
the Amazon. The area is 679,600 square miles, 
the population approximately 4,500,000 about 
6.6 per square mile. The present (1912) con- 
stitution (November 10, 1860) provides for a 
bicameral legislative system, consisting of a 
senate and a house of deputies. There are 
fifty-two senators, elected by popular vote, the 
number being apportioned according to prov- 
inces in each department; deputies, 116 (in 
1911) , are elected by popular vote, on the basis 
of one for each 30,000 inhabitants. Both sena- 
tors and deputies have terms of six years, the 
chambers being renewed by thirds every two 
years, and they must have an income or belong 
to a scientific profession. Suffrage has an 
educational qualification. The executive, a 
president and two vice-presidents, are elected 



for a non-recurring term of four years by pop- 
ular vote. The Cabinet consists of six minis- 
ters: of government and police; of justice and 
public instruction; of foreign affairs; of war 
and navy; of finance and commerce; of public 
works and promotion. The judiciary is com- 
posed of a national supreme court elected by 
congress, and of minor courts appointed by the 
president. The republic is divided into nine- 
teen departments, two coast provinces and one 
constitutional province, all these being sub- 
divided into districts; the executive authority 
of each department is a prefect appointed by 
the president, a governor being the head of 
each district. The army on a peace footing 
numbers about 4,000, but every citizen from 
nineteen to fifty years of age is liable to mili- 
tary duty. The navy has fourteen vessels. 
The post office and telegraph are owned and 
operated by the government. Lima is the 
capital. State religion is Roman Catholic. 
References: J. I. Rodriguez, Am. Constitutions 
(1905), 253-275; Pan American Union, Bulle- 
tin { monthly ) . A. H. 

PET BANKS. Term derisively applied by 
the opponents of President Jackson to the state 
banks which Amos Kendall and Secretary Ta- 
ney selected in 1833 in which to place the 
government deposits, in place of the Second 
United States Bank {see). These banks fur- 
nished security for the safety of the deposits. 
See Deposit of Public Funds; Removal of 
Deposits. D. R. D. 

PETITION, NOMINATION BY. This meth- 
od of selecting candidates for office has been 
gaining in favor in recent years, especially for 
local elections. It was recognized in early 
American laws and has been held by the courts 
to be a constitutional right of the voter. The 
difficulty of regulating and safe-guarding the 
direct primary contributes to the popularity of 
the petition. The primary appears to empha- 
size the national party in local politics. Nom- 
ination by petition renders party choice im- 
possible and is, therefore, well adapted to use 
in local and municipal elections, where party 
questions should not intrude. With the adop- 
tion of the Australian ballot law nearly every 
state provided for the protection of the inde- 
pendent voter, who cannot participate in a 
party convention, through the privilege of nom- 
inating by petition. In some cases such nomi- 
nation is required for the selection of candi- 
dates to be presented at the state primaries. 
Election laws have similar general provisions 
in the several states, but differ widely in detail. 
Every signer of a petition must declare that 
he is a qualified voter and intends to support 
the candidate named in the petition. No one 
is permitted to sign more than one petition for 
the same office, nor may a petition contain the 
names of more candidates than the number of 
offices to be filled. Petitions must bear a cer-^ 



674 



PETITION, RIGHT OF— PHARMACEUTICAL LEGISLATION AND ADMINISTRATION 



tain number of signatures or the names of a 
certain per cent of the voters and the signers 
must be duly distributed throughout the elec- 
tion area. In Massachusetts 1000 signatures 
may nominate to a state office. New York re- 
quires 6000 with at least 50 from each county. 

A Massachusetts law of 1909 makes nomina- 
tion of city officers by petition mandatory in 
Boston and optional in other cities and towns. 
In Boston a petition must be signed by 5000 
registered voters, in a town election by one 
voter in 50. In New York City 2000 names 
are required on a petition. A Wisconsin law 
of 1907 provides that cities may adopt nomi- 
nation by petition only under a certain speci- 
fied plan. Since 1906 city officers in Newport, 
R. I. are by law nominated by petition only. 
Grand Rapids, Mich., so nominates library com- 
missioners and members of the school board. 

Certain abuses have appeared in connection 
with nomination by petition. Signatures are 
often forged by wholesale, names being copied 
from the city directory, and unscrupulous no- 
taries are found to certify to the fraud. Party 
machines sometimes make use of the petition to 
attract votes from their opponents by means of 
a fraudulent independent movement with false 
signatures. Often the candidate is artfully 
chosen to divide the vote of the opposing party, 
or a so-called "labor" petition is circulated by 
the machine with fraudulent signatures when 
the working men are believed likely to be at- 
tracted by the opposition candidates. By such 
means astute party managers are sometimes 
able to defeat the whole purpose of the pe- 
tition plan. 

See Convention, Political; Nominating 
Systems; Primary, Direct. 

References: E. C. Meyer, Nominating Sys- 
tems (1902), 106, 316, 401; C. A. Beard, Am. 
Government and Politics (1910), 149, 598; 
C. E. Merriam, Primary Elections (1908), 85- 
87, 140. Jesse Macy. 

PETITION, RIGHT OF. A provision is 
found in the bills of rights in nearly all the 
state constitutions and in the Federal Consti- 
tution (First Amendment), guaranteeing the 
right of the people peaceably to assemble and 
to petition the government for a redress of 
grievances. But no provision is made as to 
the method of exercising this right, and access 
to legislative bodies or to the executive for the 
purpose of presenting petitions can be had only 
in accordance with the usual course of legis- 
lative or administrative procedure. The guar- 
anty is important as recognizing a lawful oc- 
casion- for the assembly of the people and 
in connection with the guaranty of freedom 
of speech and the press. It can not be made 
unlawful to assemble for the purpose of peti- 
tion provided the assembly is peaceable and 
not in its nature obstructive to justice or good 
order; and the subject matter of a petition 
can not be made the basis for a prosecution for 



public or private libel if it is kept within 
the limits of the privilege accorded. The rules 
of the national House of Representatives pro- 
vide that members having petitions to present 
may deliver them to the clerk and the peti- 
tions, except such as, in the judgment of the 
speaker, are of an obscene or insulting char- 
acter, shall be entered on the journal and the 
clerk shall furnish a transcript of such record 
to the official reporters of debates for publica- 
tion in the Record. See Assembly, Right of; 
Freedom of Speech and the Press; Gag 
Laws. References: For a discussion of the 
"Gag Laws" affecting the right of petition, see 
J. W. Burgess, Middle Period (1897), 253-296; 
H. von Hoist, Constitutional Hist. (1881), II, 
235-265. E. McC. 

PETROLEUM PEOPLE. A name given by 
the newspapers about 1864 to the ostentatious 
newly rich who had gained their wealth from 
the oil wells of western Pennsylvania. 

O. C. H. 

PEWTER MUGGERS. An epithet applied 
to a faction of the Democratic party in New 
York which opposed the Tammany (see) can- 
didate in 1828. The nickname originated from 
the fact that their meetings were held, in a 
Frankfort Street resort, over pewter mugs. 

O. C. H. 

PHARMACEUTICAL LEGISLATION AND 
ADMINISTRATION. A subject dealing with 
the regulation of the manufacture, sale and 
transportation of drugs or medicines. The 
most important federal legislation is the food 
and drugs act of June 30, 1906, which makes 
unlawful the manufacture of adulterated or 
misbranded drugs within any territory or the 
District of Columbia, and the introduction of 
such drugs into interstate or foreign commerce. 
Drugs are adulterated if they differ from the 
standard set by the United States Pharmaco- 
poeia or the National Formulary except when 
they conform to their declared standard. A 
misbranded drug is one bearing a false or mis- 
leading statement concerning its composition. 

The Secretaries of the Treasury, of Agricul- 
ture, of Commerce, and of Labor are author- 
ized to make uniform regulations for its en- 
forcement; and the Bureau of Chemistry is 
expressly intrusted with the inspection of drugs 
to determine violations of the law. In 1907 
there was appointed a referee board of consult- 
ing scientific experts (the so called Remsen 
Board), to provide expert opinion on difficult 
or disputed questions; and a board of food 
and drugs inspection to assist in executing 
the act. These several authorities report to the 
Secretary of Agriculture, and furnish data to 
the district attorneys. 

A majority of the states have incorporated 
in state legislation the principles and some of 
the provisions of the federal law. 



675 



PHILADELPHIA 



See Dkugs, Public IIegulation of; Health, 
Public Eegulation of; Professions and 
Callings, Regulation of; Puee Food. 

References: U. 8. Statutes, XXXIV (1906), 
768-772; Secretary of Agriculture, Annual Re- 



ports (1906-1911); Am. Pharmaceutical 
Assoc, Proceedings, 1910, 623-627; Am. Year 
Book, 1910, 401-406; ibid, 1911, 616-618, ibid, 
1912, 636, 641, ibid, 1913, 265. 

O. C. HOEMELL. 



PHILADELPHIA 



Earliest History.— Established in 1681, Phil- 
adelphia was not fully incorporated as a city 
until 1701. In the minutes of the provincial 
council of the period, 1683-1701, Philadelphia 
is spoken of as a "town" and sometimes as a 
"city." Just what was the status of the city's 
government, however, is involved in doubt. 
The first charter of the city was dated "Third 
Month 20, 1691." 

Incorporation. — Notwithstanding the doubt 
surrounding the first twenty years of the city's 
history, there is none about the issuance of the 
charter of 1701 by William Penn. The Penn 
charter, under which the city was governed 
from 1701 to 1789, created a close or "mediae- 
val" corporation under the name of the "Mayor 
and Commonalty of the City of Philadelphia," 
consisting of a mayor, a recorder, eight alder- 
men and twelve common councilmen, and pos- 
sessing the five usual powers of an old fashioned 
legal corporation. The mayor was elected an- 
nually from the aldermen by not less than 
five aldermen and nine common councilmen. 
The recorder, common councilmen and alder- 
men held office for life, and the corporation 
had power to add to its number as occasion 
required. Proprietary charters fell with the 
Revolution, but as the colonial legislature did 
nothing, from 1776 to 1789 there was a period 
of suspended municipal existence. 

Charter of 1789.— The charter of 1789 cre- 
ated a modern municipality. The usual cor- 
porate powers were of course, granted. The 
government was vested in the hands of fifteen 
aldermen elected separately by the freeholders 
of the city, and thirty common councilmen 
elected triennially by the freemen. Following 
the old custom, the mayor was elected from 
their own number by the aldermen, and the 
recorder by the mayor and aldermen from the 
freemen. Under this charter,, which was 
amended from time to time, the whole charac- 
ter of the city was transformed from an old, 
close corporation, modelled on the English 
plan, into a city wherein its freemen or elec- 
tors had a voice in the election of the govern- 
ment. Moreover, the character of the city 
was changed in other respects. The council 
became more and more powerful and the mayor 
less so. Responsibility, accordingly, was wide- 
ly scattered. 

Consolidation. — Until 1854 the city of Phila- 
delphia retained its old boundaries as laid 
down in the earliest charter. The townships 
in the county of Philadelphia surrounding the 



city proper had grown with the city and were 
nearly as densely populated as the old city 
and as greatly in need of municipal govern- 
ment and control. In 1854, the "Consolidation 
Act" was passed to give legal form and sub- 
stance to the fact that the city and county 
had become one "with a common future and 
common wants," and to meet adequately the 
development of the community as a whole. 
This act abolished all the old subdivisions and 
made one city out of the old city; the nine 
incorporated districts; six boroughs and thir- 
teen townships. Since 1854 the city and coun- 
ty have been coterminous and under a single 
government, with a mayor elected for three 
years by a plurality vote of the electors. He 
was given a veto power and retained the pow- 
ers of a justice of the peace. Aldermen were 
to be chosen two from each ward, with powers 
of justices of the peace. The legislative au- 
thority of the city was vested in a select and 
common council. The former consisted of one 
member from each ward, elected first for two, 
later for three, years. Common councilmen 
were elected first for one, later for two, years. 

The Consolidation Act changed the bound- 
aries of the city, but effected very little change 
in the form of the government; so for a period 
of nearly one hundred years the city of Phila- 
delphia was governed under substantially the 
same frame of government. There were some 
changes and the charter became a patchwork 
of outgrown laws and ordinances. While in some 
respects there was some slight progress from 
the confusion that had resulted from the tinker- 
ing process toward a more orderly arrangement 
of the frame of government, nevertheless, gen- 
erally speaking, the problem grew worse rather 
than better, and a public movement was inau- 
gurated which grew in force and strength, re- 
sulting in the passage of the Act of 1885, 
known as the Bullit Bill. 

Bullitt Bill. — This act went into effect on 
April 1, 1887, and introduced in place of a 
complicated series of laws and shreds of law 
a simplified system of responsible government 
which forced a complete readjustment of the 
city's affairs. It made the mayor the chief 
executive officer, clothing him with ample pow- 
er to that end, and the councils (the two 
branches, select and common, being retained) 
the legislative branch of the government. The 
city is still governed under the Bullitt Act 
(1913), the amendments to it being few and 
unimportant, except as hereinafter pointed out 



676 



PHILADELPHIA 




Boundaries of the City op Philadelphia, Showing Territorial Changes 



in connection with the organization of depart- 
ments. In 1905 the legislature sought to 
change the theory of the government upon 
which the bill was drawn by placing the selec- 
tion of the directors of public works and safety 
in the hands of the councils. It actually 
passed the bill, but before it became operative 
the governor called a special session of the 
legislature in response to the public sentiment 
strongly expressed at the polls at the Novem- 
ber, 1905, election, and the measure was re- 
pealed. 

The Mayor. — In its main features and gen- 
eral theory the present charter represents the 
popular desire for a "strong mayor." As a 
matter of fact, the Philadelphia plan of mu- 
nicipal government represents the most com- 
plete and effective embodiment of the "all pow- 



erful mayor" idea in any American city at the 
present day. Elected by popular vote for a 
period of four years, and clothed with adequate 
responsibility and power, he has direct charge, 
through the power of appointment and remov- 
al, of the departments of public safety; public 
works; public health and charities; supplies; 
wharves, docks and ferries and transportation 
(all of which are in charge of directors) ; and 
the civil service commission. Only the depart- 
ments of public safety and public works were 
provided for in the original act of 1885. The 
other four have been created out of the reorgan- 
ization and rearrangement of previous and ex- 
isting bureaus. The mayor is ineligible for 
election to a succeeding term. His duties are, 
generally speaking, to cause the ordinances of 
the city and the laws of the state to be execut- 



677 , 



PHILADELPHIA 



ed and enforced; to communicate to councils at 
least once a year a statement of the finances 
and general condition of the affairs of the city, 
also such other information as they may from 
time to time require; and to recommend by 
message such measures connected with the city 
and the protection and improvement of the 
government and the finances as he shall deem 
expedient. He is clothed with large power of 
initiative, as well as control, so that it is with- 
in his power and authority to inaugurate and 
execute plans of far-reaching scope, such as 
Mayor Reyburn formulated for the material 
improvement and development of the city un- 
der the title Philadelphia's Comprehensive 
Plans. To carry these out he prepared and 
secured the passage of an ordinance providing 
for the establishment of a Comprehensive 
Plans Bureau. Mayor Blankenburg has formu- 
lated equally comprehensive transportation 
plans, to carry out which the department of 
transportation has been created. 

Although the mayor possesses great power, 
he is placed in a position of dependence as 
regards certain departments and he can be 
called speedily to account by the people and 
made to feel the conserving effect of their 
desires. This feature of public control grows 
out of the circumstance that, of the fourteen 
departments under the mayor and constituting 
his executive machinery, seven departments are 
under the control and guidance of officers in 
whose selection he has no voice. Nevertheless, 
while it is true that a majority of the members 
of the cabinet do not owe their appointment 
to the mayor, they are generally (if not in- 
variably) under political obligations to him. 
The members of the so-called cabinet in whose 
selection he has no part are the presidents of 
select and common councils, the receiver of 
taxes, the city controller, the city treasurer, 
the city solicitor, who are elected by the people, 
and the president of the board of public educa- 
tion, who is elected by that board. The pro- 
ceedings of this cabinet, when it meets, are 
largely perfunctory, and I do not recall that 
it has ever served its original purpose of formu- 
lating and forwarding the mayor's policies. 

Councils. — The legislative branch of the city 
government consists of a select and common 
council, meeting in regular session on the first 
and third Thursdays of each month. The select 
branch has a membership of 47, one councilman 
for each of the 47 wards into which the city 
is now divided. A member is elected for a 
term of four years, must be a resident of the 
ward from which he is elected, and removal 
from that ward during term of office serves to 
vacate his seat. In addition to its concurrent 
legislative powers, the select council has cer- 
tain powers peculiar to itself. All appointive 
officers whose salaries are drawn from the city 
treasury are subject to confirmation by that 
body; it also sits as a court of impeachment 
in cases of complaint against city officials. The 



lower branch has a membership of 81; repre- 
sentation being based upon one member for 
each 4,000 names on the last completed assess- 
ment list, but each ward must have at least 
one member. Common councilmen are elected 
for a term of two years. All legislation must 
be by resolution or ordinance. Each ordinance 
must pass through a most elaborate system of 
procedure. If an ordinance authorizes a loan 
or gives extra pay to public servants after 
service has been rendered or after the contract 
has been made, it requires a two-thirds vote 
to pass. All ordinances may be passed over the 
mayor's veto by a vote of three-fifths of all 
elected members, provided action be taken with- 
in five days following that veto. Ordinances 
passed by councils must be signed by the mayor 
and such action reported to councils within 
ten days, or at the next councilmanic meeting 
following the expiration of the ten days. If 
not vetoed, ordinances become laws without 
the mayor's signature. In no other city is the 
bicameral legislature maintained with greater 
rigidity. The tendency toward a smaller coun- 
cil has been felt but slightly in Philadelphia. 
Several years ago the basis of representation 
in the lower branch was increased from 2000 to 
4000 taxables, thus reducing the number of 
members from 146 to the present number, 81. 
Councils, however, usually act as a unit be- 
cause so completely under the control of a 
strong, vigorous, far-reaching political organi- 
zation which is the real policy-determining 
power in the city, although the mayor is the 
strongest single factor. 

Debt Limit. — The debt limit of the city is 
placed at seven per cent, upon the assessed 
value of the taxable property as fixed at the 
last preceding assessed valuation thereon. The 
tax rate is fixed each year by councils. The 
annual appropriation bill is based upon an 
estimate prepared in the preceding autumn by 
the city controller, setting forth the expected 
revenue of the city for the forthcoming year. 
This annual appropriation bill cannot allot to 
the departments a gross sum beyond the limit 
of such estimated revenue. 

Departments. — The department of public 
safety consists of the bureaus of police, fire, 
electricity, correction, city property, building 
inspection, boiler inspection and elevator in- 
spection. The department of public works con- 
sists of the bureaus of gas, highways and street 
cleaning, lighting, surveys and water. The 
department of public health and charities is 
subdivided as follows: Health — health officer; 
medical inspection; nuisances, house drainage; 
vital statistics ; ophthalmology ; infant mor- 
tality; nuisances; disinfection; milk; meat 
and cattle; tenement house; bacteriology; den- 
tistry for poor school children, and hospital 
for contagious diseases. Charities— genera.] 
hospital for surgical and other cases; hospital 
for the insane; hospital for the indigent. The 
director of the department of supplies is 



678 



PHILIPPINE ANNEXATION 



charged with the duty of purchasing all ar- 
ticles and personal property required in the 
business of the city. The department of 
wharves, docks and ferries has full supervision 
of the wharves, docks and ferries and all other 
matters pertaining to the river front interest 
in connection with navigation, not inconsistent 
with the federal laws concerning navigable 
streams. The department of transportation 
has, as its name indicates, charge of the traffic 
problems of the city. The civil service commis- 
sion consists of three members appointed by 
the mayor. Appointments to positions in all 
branches of the city government are made 
from lists furnished by this commission. The 
act of 1906 defines the powers and responsibili- 
ties of this body. The receiver of taxes receives 
all moneys for taxes, etc., paid to the city. 
The city treasurer is the cashier. The city 
controller has control of the payment of all 
accounts, and without his sanction no money 
can be paid out by the city treasurer. The city 
solicitor passes on all legal matters pertaining 
to the city's business. The financial officers 
of the city (receiver of taxes, treasurer and 
controller, and the city solicitor) are elected 
at large by the voters of the city. The sinking 
fund commission has three members — the 
mayor, the city controller and a commissioner 
elected by a majority vote of city councils. 
These commissioners are custodians of money 
taken each year from current taxation to pro- 
vide a fund to redeem the city's bonded obliga- 
tions at maturity. , The department of educa- 
tion is controlled by a board of fifteen members 
appointed by the judges of the common pleas. 

See City and the State; Mayok and Exec- 
utive Power in Cities; Municipal Govern- 
ment. 

References: E. P. Allinson and Boies Penrose, 
Philadelphia, 1681-1887 (1887); Philadelphia 
(municipal monthly) ; J. F. Watson, Annals 
of Philadelphia (Hazard, Ed., 1891) ; D. F. 
Wilcox, Great Cities in Am. (1910), ch. v; 
A. R. Hatton, Digest of City Charters (1906). 
Clinton Rogers Woodruff. 

PHILIPPINE ANNEXATION. The Congress 
of the United States, in directing forcible in- 
tervention in the conflict between Spain and 
the Cuban insurgents, laid upon the people of 
the United States a self-denying ordinance 
with reference to Cuba (see Teller Resolu- 
tion). The Spanish possessions in the Far 
East and particularly the Philippine Islands 
lay beyond the accustomed range of American 
political thought. Hence the destruction of 
the Spanish fleet in Manila Bay on the morning 
of May 1, 1898, by the American squadron un- 
der Commodore, later Admiral, Dewey, al- 
though it drew attention to the islands, was 
not followed by any general or definite expres- 
sion of a desire for their annexation. 

An accident of war was destined to exert an 
important influence on the direction of public 



sentiment. Soon after the destruction of the 
Spanish fleet telegraphic communication with 
the islands was severed, so that the orders sent 
out from Washington on August 12 for the 
suspension of hostilities, on the signing of the 
peace protocol, did not reach the Philippines 
till after August 13, when Manila was captured 
by the American forces, and on the following 
day a capitulation was signed. A peaceful oc- 
cupation of the city under the provisions of 
the protocol would have excited little feeling, 
but the report of its capture by force of arms 
with some casualties, when received in the 
United States eight days after the signing of 
the protocol, gave a decided impulse to annexa- 
tion sentiment. The question as brought up in 
popular discussion was no longer whether the 
islands should be taken but whether they 
should be abandoned. 

The tendency to retain them was powerfully 
reenforced by a missionary spirit which dis- 
cerned, in the course of events, a providential 
opportunity to promote the welfare of the na- 
tives, an opportunity, the neglect of which, on 
any ground of preconceived notions of national 
interest, would constitute a selfish and cen- 
surable abdication of duty. Combined with 
this was the commercial spirit, which saw in 
the acquisition of the islands an opportunity 
for the expansion of trade. President McKin- 
ley, in his instructions to the American Peace 
Commission of September 16, 1898, went no 
further than to say that United States could 
not accept "less than" the island of Luzon. 

During the following weeks, however, much 
consideration was given to the subject; Presi- 
dent McKinley made a tour of the country; 
and on October 28 the American commissioners 
were instructed that the President could see 
"but one plain path of duty — the acceptance of 
the archipelago." The Spanish commissioners 
not having accepted this view, the American 
commissioners presented an ultimatum, em- 
bracing the cession of the entire archipelago 
to the United States and the payment to Spain 
of the sum of $20,000,000. They declared it 
to be "the policy of the United States to main- 
tain in the Philippines an open door to the 
world's commerce"; offered to concede to Span- 
ish ships and merchandise, for a term of years, 
admission to the ports of the islands on the 
same terms as American ships and merchan- 
dise; and proposed a mutual relinquishment of 
claims that had arisen since the beginning of 
the insurrection in Cuba in 1895. On this 
basis the Philippines and Guam were ceded by 
the treaty signed at Paris, Dec. 10, 1898. 

See Insurrections, Suppression of; Terri- 
tory, Constitutional Questions of; Terri- 
tory, Acquired, Status of. 

References: Treaty of Peace between the U. S. 
and Spain; Message of the President to Con- 
gress, Jan. 4, 1899; Sen Docs., 55 Cong., 3 
Sess., No. 62, Pts. I, II. 

John Bassett Moore. 



679 



PHILIPPINE ISLANDS 



PHILIPPINE ISLANDS 



Description. — The Philippine Islands consist 
of some 3,141 islands lying southeast of the 
continent of Asia between the meridians of 
114° 40' and 126° 34' east longitude, and be- 
tween the parallels of 4° 40' and 21° 10' north 
latitude. The total area is about 127,853 
square miles. Two islands are of considerable 
size, Luzon, 40,969 square miles, and Mindanao, 
36,292 square miles. Nine other islands have 
an area of from one thousand to five thousand 
square miles, but seven-eighths of the total 
have less than one square mile. The inhabi- 
tants are almost entirely of Malay stock. In 
1903 the population was 7,635,426, of which 
6,987,686 were classified as civilized. 

History. — The islands were discovered by 
Ferdinand Magellan, a Portuguese in the serv- 
ice of Spain, in March, 1521. He was slain 
at Cebu in April, but one of his ships, the 
Victoria, returned to Spain, having completed 
the circumnavigation of the globe. The Papal 
bulls of 1492 and 1493, and the treaty of 
Tordesillas of 1494, caused Spain to approach 
the East Indies by the westward route, around 
South America. The second expedition under 
Loaisa, 1525, and the third under Saavedra, 
from Mexico, 1527, were futile, and by the 
treaty of Zaragoza, 1529, the line of demarca- 
tion in the Far East was extended so as defi- 
nitely to place the Moluccas within the Portu- 
guese demarcation. Spain continued to seek 
spice islands within her demarcation, and in 
1543 Villalobos gave the Philippines their pres- 
ent name, after the Prince of Asturias, later 
Philip II. The occupation of the islands was 
accomplished under Legaspi, who reached Cebu 
in 1565 and founded Manila in 1571. The 
dispute with Portugal was quieted by the union 
of Spain and Portugal in 1580. 

Large portions of Luzon and some of the 
neighboring islands were soon overrun by the 
Spaniards and an encomienda system, a modifi- 
cation of that employed in New Spain, was 
introduced. The conquerors were, in turn, 
threatened by the Chinese pirate, Limahong, 
and later their shipping was frequently at- 
tacked by the Dutch. The most striking fea- 
ture of their regime was the importance of the 
church. The friars of the Augustinian, Fran- 
ciscan, and Dominican orders and the Jesuits 
performed important services as missionaries 
and teachers, as protectors of the natives from 
exploitation and oppression, and as the virtual 
rulers of the provinces. The islands contained 
few available resources, and their commercial 
importance was due to their participation in 
the trade between China and Europe, via Mex- 
ico. In 1762 Manila was taken by a British 
expedition from India, but restored in 1764 
under the treaty of Paris. 



About 1800 the development of the islands 
began. Tobacco, sugar and, later, hemp became 
important exports. Trade restrictions were 
lessened. The opening of the Suez Canal, in 
1869, affected greatly the commercial, economic 
and social conditions in the islands. Rebel- 
lions, generally on a small scale, had occurred 
at frequent periods during the entire regime. 
The Liberal movement in Spain was reflected in 
the Philippines and native leaders began to 
demand more liberal institutions and an aboli- 
tion of the excessive powers of the friars. This 
movement led to the organization, of the Kati- 
punan, a secret organization, which took the 
offensive in 1896 after the Government had en- 
deavored to suppress it. The rebellion of 1896- 
7 was bitterly contested and was brought to 
an end by a compact and a cash payment in 
1897. A failure to carry out the reforms in- 
sisted upon by the revolutionists led to a 
renewal of hostilities in 1898 which became 
involved in the American operations (see 
Philippine Annexation ) . 

American Occupation. — Manila surrendered 
to the American forces on August 13, and on 
the fifteenth a military government was estab- 
lished. Prior to this a revolutionary govern- 
ment had been organized by the Filipino lead- 
ers, and later, on January 21, 1899, the con- 
stitution of the Philippine Republic was pro- 
mulgated. In that month the so-called Schur- 
man Commission was appointed by President 
McKinley to investigate and report on condi- 
tions in the islands. Before its members 
reached Manila the friction between the Amer- 
ican and Filipino troops had resulted in hos- 
tilities, and the insurrection against American 
rule was in progress. The final report of this 
commission, of January 31, 1900, contained a 
great mass of information regarding the is- 
lands. In March a second commission, known 
as the Taft Commission, was appointed. The 
existing military government was based upon 
the war power of the President, no govern- 
ment for the islands having been provided by 
Congress. President McKinley decided to di- 
vide the exercise of the war power, continuing 
the executive functions in the military govern- 
or and vesting the legislative in the commis- 
sion. The latter assumed these functions on 
September 1. On March 2, 1901, the "Spoon- 
er Amendment" to the Army Appropriation 
Bill authorized the President to establish tem- 
porary civil government. Under this Congres- 
sional sanction the president of the Philippine 
Commission, William H. Taft, was appointed 
civil governor and empowered to exercise the 
executive authority in all civil matters. He 
was inaugurated on July 4. Finally, the Phil- 
ippine Act of July 1, 1902, continued with 



680 



PHILIPPINE ISLANDS 



slight alterations the existing government, pro- 
vided for an elective assembly, and contained a 
declaration of rights. This act expressly stip- 
ulated that the Constitution and laws of the 
United States did not extend to the islands. 
The office of military governor terminated on 
July 4, 1902. 



the insular legislature, subject to the power 
of Congress to annul the same. The high civil 
and judicial officers are appointed by the Presi- 
dent of the United States, with the advice and 
consent of the Senate. The affairs of the is- 
lands are under the jurisdiction of the War 
Department, in which the Bureau of Insular 




a % @ \ ct GAy - AN su 



E 0*!f^ 



110° Longitude 118° East 110 35 



The Philippine Islands 



Home Government.— The Philippine Islands, 
as a dependency of the United States, are 
subject to the practically unlimited authority 
of Congress. In providing for their govern- 
ment and administration Congress is not bound 
by the Constitution, except as regards the 
fundamental rights of citizenship (Art. IV, 
Sec. iii, f 2). This was decided by the Su- 
preme Court in the so-called Insular Cases 
(see) in 1901. Although the act of 1902 de- 
nied the extension of the Constitution to the 
islands, yet the declaration of rights contained 
in that act provided practically all the rights 
guaranteed to citizens of the United States 
under the Constitution, except the right to bear 
arms and to trial by jury. Congress has passed 
a few laws of a general nature, notably the 
tariff laws, but detailed legislation is left to 



681 



Affairs (see Insular Affairs, Bureau of) has 
been organized. Two resident commissioners 
to the United States are elected by the Philip- 
pine legislature for a term of four years. 

Insular Government. — In the islands the su- 
preme executive is vested in the governor-gen- 
eral and the heads of the four executive de- 
partments. A fifth department has been author- 
ized by Congress, but not as yet established by 
the President. The governor-general is presi- 
dent, and the four secretaries are members, of 
the Philippine Commission. The departments 
are those of: the interior (bureaus of health, 
marine quarantine service, science, weather, 
lands) ; commerce and police (bureaus of con- 
stabulary, coast and geodetic survey, labor, 
navigation, posts, public works) ; finance and 
justice (bureaus of justice, treasury, customs, 



PHILIPPINE ISLANDS 



internal revenue) ; public instruction (bu- 
reaus of education, agriculture, supply, pris- 
ons, printing). The new department will prob- 
ably be the executive department (bureaus of 
civil service, audits, and executive business ) . 
The Philippine legislature consists of two 
houses. The upper house is the Philippine 
Commission, composed of nine members ap- 
pointed by the President of the United States, 
five of whom are now (1914) natives. The Com- 
mission has exclusive legislative control over 
the non-Christian provinces. The lower house 
is the Philippine Assembly, composed at pres- 
ent (1914) of 81 members elected by properly 
qualified voters. The first assembly convened 
on Oct. 16, 1907, and regular sessions are held 
annually. At the general election on June 4, 
1912, 235,786 votes were cast. The proportion 
of registered voters to population was 3.5 per 
cent. Delegates are chosen in the 31 regular 
provinces, and in the specially organized prov- 
inces of Mindoro, Palawan, and Batanes. The 
houses have the usual privileges of legislative 
bodies, but in case of failure to pass the neces- 
sary appropriation bills the sums stated in 
the last appropriation bills are deemed to be 
appropriated. The governor-general has no 
veto; -but participates in legislation as presi- 
dent of the Commission. All laws must be 
reported to Congress, which may annul them. 

Provincial Government. — The islands are di- 
vided, for administrative purposes, into 38 
provinces. Of these, 31, inhabited by Chris- 
tian Filipinos, are organized under Act No. 
83, and are called "regular provinces." The 
other seven are specially organized. The first 
provincial government established under the 
American regime was that of Benguet, Nov. 23, 
1900. The General Provincial Act, No. 83, was 
passed Feb. 6, 1901, and under its terms civil 
government was established in the pacified 
Christian provinces. In the regular provinces 
the executive consists of a governor, elected by 
the qualified voters, and a treasurer and fiscal 
appointed by the insular government. The 
provincial board consists of the governor, treas- 
urer, and an elected third member. The pro- 
vincial and municipal officials are elected for 
four years and are not eligible for reelection 
until four years have elapsed. The provincial 
boards have practically no power of legisla- 
tion, and the executive officers are mainly en- 
gaged in supervising the municipal officers and 
in lessening centralization. In the seven spe« 
cial provinces all the officials are appointed. 

The Moro province, consisting of the greater 
part of the island of Mindanao and the Sulu 
Archipelago, has a unique form of government. 
The province is inhabited by warlike Moros, 
and, although much has been done toward es- 
tablishing good order, a firm hand is still 
necessary. The government consists of a gen- 
eral government in the hands of six officials 
who also compose the legislative council, and 
five district governments. The governor and 



engineer may be officers of the army, and to 
the present time the general in command of the 
department of Mindanao has always been ap- 
pointed governor of the province. The legisla- 
tive council has considerable power, subject to 
the revision of the Philippine Commission, and 
it controls the customs revenue of the ports 
within its jurisdiction. The district officials 
are appointed by the governor with the consent 
of the Legislative Council, and the district 
governor may be an army officer. 

Municipal Government.— Outside of Manila 
three forms of municipal or local government 
are found, varying with the political experi- 
ence of the townspeople. During the military 
administration pueblos were organized under 
general orders. The first act of the commis- 
sion for the establishment of municipal gov- 
ernments dealt with the province of Benguet, 
and on Jan. 31, 1901, the General Municipal 
Act, No. 82, was passed. This act, as amended, 
applied to 725 municipalities in June, 1912. 
The municipal officers consist of a president, 
vice-president, secretary, treasurer, and council. 
The president, vice-president and council are 
elected by the qualified voters for a term of 
four years. The municipalities are grouped in 
four classes, based on population, and the size 
of the councils varies from eight to eighteen 
members. The treasurer is appointed by the 
provincial treasurer with the approval of the 
provincial board. The secretary is appointed 
by the president and council. The municipal 
councils have duties similar to those of mu- 
nicipal bodies elsewhere. Certain duties are 
optional but others are obligatory, and they 
have control over certain minor sources of 
revenue. The right to vote at municipal, and 
all other elections, is conferred on male citi- 
zens, 23 years of age, and six months resident 
in the municipality, who possess one of the 
following qualifications : have held a municipal 
office prior to August 13, 1898; own real estate 
worth 500 pesos, or pay 30 pesos annual taxes; 
able to speak, read and write English or Span- 
ish. For the backward provinces and non- 
Christian tribes township and settlement gov- 
ernments are provided. In the former the 
suffrage is vested in all males over 18, while 
in the latter the provincial governor appoints 
all the officers. In both cases the governors 
are given greater control than in the regular 
municipalities. When the people of a settle- 
ment have progressed sufficiently they may be 
organized into a township, and finally into a 
municipality (see Manila). 

Law and Order. — The courts consist of the 
supreme court, twenty courts of first instance 
(three parts being in Manila), a court of land 
registration, and a justice of the peace in 
every municipality organized under the munic- 
ipal code. The supreme court consists of a 
chief justice and six associate judges, appoint- 
ed by the President, the chief justice and two 
of the judges being at present natives. The 



682 



PHILIPPINE ISLANDS 



court has original jurisdiction in certain mat- 
ters and appellate jurisdiction from the courts 
of first instance and other tribunals. An ap- 
peal lies to the Supreme Court of the United 
States in cases involving the Constitution, laws, 
treaties or rights of the United States, and in 
civil causes in which over $25,000 is involved. 
Judges of the courts of first instance are ap- 
pointed by the governor-general and Philippine 
Commission, they have extensive original ju- 
risdiction and hear appeals from the inferior 
courts in their districts. The court of land 
registration consists of a presiding judge and 
four associate judges. The justices of the 
peace have limited civil and criminal jurisdic- 
tion. They are appointed by the governor- 
general and commission from lists submitted 
by the judges of first instance. Assessors may 
be employed to determine the facts in civil 
cases in the courts of first instance and jus- 
tice of the peace. The law officers of the in- 



sular government are the attorney-general, so- ' were from insular funds 3,603,385 pesos, p 



licitor-general, and assistant attorney-generals. 
The fiscal is the provincial prosecuting attor- 
ney. 

Order is maintained by the municipal police, 
at present a poorly organized force of low 
efficiency, and by the. Philippine constabulary, 
a well-disciplined, highly organized body of 
native police under, with a few exceptions, 
American officers. The force consists of about 
315 officers and 4,300 men. It is organized 
and disciplined along military lines, but is dis- 
tinctly a civil organization. It has rendered 
most efficient service in the suppression of the 
disorders and lawlessness which followed the 
insurrection. The defence of the islands is 
entrusted to the army and navy of the United 
States, and the cost is met by the home govern- 
ment. The Division of the Philippines em- 
braces the departments of Luzon, the Visayas, 
and Mindanao, and its strength consists of 
about 12,000 regular troops and about 5,800 
Philippine scouts. These forces are occasion- 
ally called upon to quell disorder in the Moro 
prdvince. 

Finance. — The insular revenue for 1912 was 
31,247,633 pesos, of which the customs con- 
tributed 17,816,421 pesos, and internal revenue, 
9,459,421. The largest items of internal rev- 
enue are the taxes on cigarettes, cedillas per- 
sonates (poll tax), spirits, and licenses. Of 
these revenues, the receipts from the cedillas 
are divided between the provinces and the 
municipalities, equally, and the other internal 
revenues are divided 60 per cent to the insular, 
and 20 per cent each to the provincial and 
municipal treasuries. Certain license taxes 
accrue solely to the municipalities, while the 
land tax is levied by and for the provincial 
and municipal governments.. 

Education. — A notable feature of the Philip- 
pine administration has been the emphasis up- 
on education, with English as the medium of 
instruction. The school system includes pri- 



mary, intermediate, and high schools, leading 
to the colleges which compose the University of 
the Philippines. In 1912 there were 3,364 pri- 
mary, 283 intermediate, and 38 secondary pub- 
lic schools, the average monthly enrollment be- 
ing 395,075 pupils. The teachers included 664 
Americans and 7,696 Filipinos. Special at- 
tention is paid to primary and to industrial 
education. The following colleges are affiliated 
with the University: the College of Engineer- 
ing, the College of Liberal Arts, College of 
Agriculture, College of Law, College of Vet- 
erinary Science, Department of Pharmacy, 
the School of Fine Arts, and the College 
of Medicine and Surgery. The Philippine Nor- 
mal School is engaged in an effective work. 
The expenditure for education is largely met 
out of insular funds, the American teachers 
and the insular teachers being thus paid, while 
about a third of the municipal revenues is 
devoted to education. In 1912 the expenditures 



vincial funds 208,157 pesos, municipal funds 
2,325,344 pesos. 

Public Health. — Under the direction of the 
bureau of health great improvements have been 
effected in the health and sanitary conditions 
of the islands. Preventive measures includ- 
ed the cleaning up of the towns, notably Ma- 
nila, and the installation of new sewers and a 
safe water supply. In the provinces the prob- 
lem of securing good water has been met in 
part by the boring of artesian wells at insular 
expense. In 1904 a systematic campaign 
against smallpox, which in 1903 caused 20,359 
deaths, was inaugurated. In the next six years 
8,166,365 persons were vaccinated with most 
gratifying results. At present vigorous meas- 
ures are being taken against tuberculosis, 
which is the principal cause of death in the 
islands. The efficient marine quarantine serv- 
ice has succeeded in keeping the islands abso- 
lutely free from bubonic plague since 1906, 
but cholera has frequently appeared in the is- 
lands and is believed to be endemic in the 
region north of Manila Bay. Great improve- 
ment has been made in the method of fighting 
this dread scourge and no succeeding epidemic 
has equalled the great one of 1902-4. Since 
1906 the segregation of lepers has been in proc- 
ess on Culion Island. Within four years 4,775 
lepers were transferred there and few remain 
in the other islands. The annual number of 
new cases has fallen from approximately 750 
to 300, and within a generation or two leprosy 
should be practically eradicated. 

See Citizenship in the United States; 
Colonization, Pkinciples of; Dependencies 
of United States; Insular Cases; Manila; 
Philippine Annexation; Territory, Consti- 
tutional Questions of. 

References: Philippine Comission, Reports 
(1900 and following) ; Census of the Philip- 
pine Islands (1905), I, 309-410; W. H. Taft, 
Special Report to the President on the Philip- 



02 



683 



PHILLIPS, WENDELL— PHYSICS AND POLITICS 



pines (1908), Present Day Problems (1908), 
11-42, Presidential Addresses and State Papers 
(1910), 559-567; D. Worcester, The Philippine 
Islands and their People (1898) ; C. A. Beard, 
Readings in Am. Government and Politics 
(1911), 380-7; J. M. Dickinson, Special Re- 
port to the President on the Philippines 
(1910) ; J. Forman, The Philippine Islands 
(1906) ; C. H. Forbes-Lindsay, American In- 
sular Possessions (1906) ; W. F. Willoughby, 
Territories and Dependencies of the United 
States (1905), 171-289; F. Chamberlin, The 
Philippine Problem (1913); D. C. Worcester, 
The Philippines, Past and Present (1914). 
Payson Jackson Treat. 

PHILLIPS, WENDELL. Wendell Phillips 
(1811-1884) was born at Boston, November 
29, 1811. In 1834 he was admitted to the bar. 
He had already developed a strong dislike of 
slavery, and the sight of the Garrison mob, 
in October, 1835, made him an abolitionist. 
His first great speech was delivered in Faneuil 
Hall, December 8, 1837, at a meeting called 
to protest against the murder of Elijah P. 



Lovejoy; and from that time he was preemi- 
nently the orator of the abolition movement. 
He was, throughout, closely associated with 
Garrison, and accepted his views without es- 
sential modification. He was a delegate to 
the world's anti-slavery convention at London, 
in 1840, and until the close of the Civil War 
spoke and lectured in all parts of the United 
States, with no apparent diminution of popu- 
larity. He opposed the reelection of Lincoln 
in 1864, successfully insisted upon the continu- 
ance of the American Anti-Slavery Society, 
and was president of the society from 1865 to 
1870. After the abolition of slavery he in- 
terested himself in various reforms, particular- 
ly temperance and woman suffrage. In 1870 
he was the candidate of the Labor and Prohi- 
bition parties for governor of Massachusetts. 
He died at Boston, February 2, 1884. See 
Slavery Controversy. References: W. Phil- 
lips, Speeches, Lectures and Letters (1863- 
81) ; G. L. Austin, Life and Times of Wendell 
Phillips (new ed., 1888) ; T. W. Higginson, 
Wendell Phillips (1884); L. Sears, Wendell 
Phillips (1909). W. MacD. 



PHYSICS AND POLITICS 



Geographical Position of the United States. — 
That physical features are an important factor 
in national development is not now questioned. 
Among these features are position, land form, 
the contents of the rocks, the soil, and the 
climate. America was a reserved continent 
because it was separated by oceans from the 
old civilization during many centuries of the 
more primitive navigation. The continent con- 
tained a sparse population and was little used, 
so far as its chief resources were concerned y 
down to the time of discovery by Europeans. 
It was, therefore, a fresh field for human en- 
deavor, opened at a period of modern history 
when the older countries needed an outlet. 
Hence it affords an example of geographic in- 
fluence which is especially capable of analysis. 

When Columbus and other mariners from 
Spain and Portugal set out to discover lands 
to the westward, it was natural that their 
landfalls should be in the West Indian region, 
toward which navigators were directed by the 
steady help of the northeast trade winds. It 
is not, therefore, accidental that the northern 
boundary of Latin America is in its present 
position. In like manner the French and 
British explorers and colonists, while facing 
head winds across the Atlantic, found and 
exploited those parts of the Atlantic Coast 
which were most accessible to the home coun- 
tries. They were, however, forced southward 
somewhat by finding an inhospitable climate 
in America, in the latitudes in which they 
lived when at home. 



The United States not only has a position 
across narrow seas from the progressive coun- 
tries of Europe, but it also lies over against 
the awakening countries of the Orient. It thus 
shares with Canada the advantage of spanning 
a continent and reaching out on either hand to 
lands across the sea. If Kussia extended west- 
ward to the North Sea and at the same time 
were in control of Gibraltar and the Suez 
Canal, its position would be comparable to 
that of the United States since the Panama 
Canal has been completed. 

Openness on the Atlantic Side. — The discov- 
ery, colonization, and, in large measure, the 
mature development, of North America have 
been on the Atlantic seaboard, or have proceed- 
ed from that region. This, with other condi- 
tions, has made possible the extraordinarily 
rapid development of the country of which it 
would be difficult to conceive had the continent 
been approached and exploited from its more 
closed Pacific side. 

A physical map of North America shows at 
a glance that much of the eastern coast pos- 
sesses a broad coastal lowland, with many 
tidal rivers and deep bays. In the larger view 
these reentrants and channels embrace the Gulf 
of Mexico, the Chesapeake and Delaware Bays, 
the Hudson River, the Gulf of Maine, the Gulf 
and River of St. Lawrence, and even Hudson 
Bay, though the last is of larger future than 
past significance. By means of these many 
tidal avenues, and by using several easy passes 
across the eastern highlands, the entire interior 



684 



PHYSICS AND POLITICS 



of the continent as well as its eastern parts, 
is tributary to the Atlantic Ocean. Even large 
sections of the Cordilleran region drain 
through Hudson Bay to the Atlantic. 

Influence of the Features of the Atlantic 
Slope. — The Atlantic lowlands are most fully 
developed within the present United States 
where the first settlements were made, and 
important cities began their growth. Lying 
at hand were fertile lands serving as an access- 
ible hinterland for these centres; arid over this 
is spread a continuous population from New 
England to Georgia. 

Back of the lowland lay the Appalachian 
ranges, which were comparatively rugged and 
were covered with forests. They served, there- 
fore, the purpose of a useful barrier and cover 
until the colonial settlements of the lowland 
had grown compact and strong, and a spirit of 
unity was secured among the diverse racial 
and social elements of the people. In natural 
contrast to these favoring conditions may be 
placed the ineffective diffusion of the French 
explorers and colonists in the St. Lawrence 
region and the great interior. The one people 
laid the foundation of a government and a 
nation, while the other scattered their energies 
over a continental wilderness. This is, of 
course, not wholly attributable to physical op- 
portunity, for it is necessary to take into 
account the comparative temperament of the 
English and the French, and the somewhat 
fugitive aims of the latter in the field of the 
fur trade and in missionary endeavor among 
the scattered native tribes. 

Influence of the Passes— When the popula- 
tion of the lowlands became fairly compact, 
the ambitions of the more enterprising and the 
increase of population led about 1760 to the 
use of the Appalachian passes, and to the first 
trans-Appalachian settlements. In this stage 
of early history and down to the present, these 
passes have had a large function in the dis- 
tribution of population, the development of 
industry, and the formation of new common- 
wealths. 

The lowest and most open of these passes is 
along the Hudson and Mohawk valleys, fol- 
lowed by early trails, the first turnpikes, the 
Erie Canal and several trunk lines of railway. 
Thus the lower lake plains and fertile lands 
of western New York were added to the hinter- 
land of New York City, and the way was 
opened to settlements along the Great Lakes; 
and a stream of immigration flowed from New 
England and New York to the broad lands 
which now embrace the north central states, 
or so-called Middle West. In this manner all 
this territory was, in a partial sense at least, 
added to the hinterland of the metropolis. At 
the same time the Lakes exerted their own 
proper influence in the growth of such cities as 
Buffalo, Cleveland, Detroit, Chicago, and Mil- 
waukee. The waters offered most effective trans- 
portation, and around them and west of them 



635 



lay one of the broadest areas of productive 
soil to be found among the temperate latitudes 
of the world. Not only is the productive ca- 
pacity vast, and the rainfall abundant, but 
the surface lends itself to agricultural opera- 
tions, and transportation is favored both by 
land and water. 

A less open, but effectively used pass served 
to link Philadelphia and the Delaware embay- 
ment with the headwaters and fertile country 
of the Ohio River. This avenue of traffic led 
along the lower Susquehanna, crossed the Ap- 
palachian ridges first through Bedford, later 
along the valley of the Juniata, surmounted 
the Allegheny escarpment, and led on to Pitts- 
burgh. This was an important channel for the 
westward movement, as it is now efficient 
through the trunk line of the Pennsylvania 
Railway system. 

A third crossing of the Appalachian high- 
land is found along the valley of the Potomac, 
and westward to Cincinnati and the middle 
Ohio River. Its eastern termini are Baltimore 
and Washington, and it has been followed more 
or less closely by Braddock's Road, the Na- 
tional Road, the Chesapeake and Ohio Canal, 
and the Baltimore and Ohio Railway. 

The southerly passes are more difficult and 
less closely related to each other. These con- 
ditions, in the past, gave large importance to 
the broad depression known as the Great Ap- 
palachian Valley, which is axial to the entire 
systems of eastern highlands and includes the 
Cumberland Valley of Pennsylvania, the Valley 
of Virginia, and the Valley of East Tennessee. 
Not only is this a zone of fertility and dense 
population, but it controlled a stream of immi- 
gration from Pennsylvania and other colonies, 
leading to the southwest, a population which 
might otherwise, have pushed into the forested 
uplands directly on the west. The result was 
the settlements in east Tennessee, and at Nash- 
ville, and the movement through the Cumber- 
land Gap under Boone and others, and a new 
center established in the blue grass region 
of Kentucky. 

Early Western States. — To the influence of 
this great valley is due the admission into the 
Union of Kentucky and Tennessee, the first 
states from the region west of the Appalach- 
ians. 

Through these passes moved the people, who, 
in half a century prior to the Civil War, ex- 
panded the population across the Mississippi 
plains to the base of the Rocky mountains. 
States were set up after short periods of de- 
velopment; and railway and steamboat traffic 
rapidly came to large proportions in the middle 
west. 

The opening of these vast agricultural areas 
quickened the East in its passage from general 
agriculture and from individual and household 
crafts or small factories to special agriculture 
and corporate industry. These changes were 
made possible by the food supply from the 



PHYSICS AND POLITICS 



interior, and favored by ready water power, 
abundant coal supply, and nearness to the 
commercial opportunities on both sides of the 
Atlantic. 

Late Development of the Cordilleran Region. 
— Since this region was far removed from the 
early discoveries and settlements on the At- 
lantic it was naturally the last to be explored, 
and settled. There was a general opinion that 
it was worthless, and such sentiments found 
voice in Congress at the time of the Louisiana 
Purchase. Its great mineral values were un- 
known, but the barrenness of much of it under 
natural conditions was well understood; and 
no thought of the possibilities of irrigation 
entered the minds of the American people at 
that time. Much of it was plotted on the early 
school maps as the "Great American Desert." 

The region was inaccessible from the East by 
reason of remoteness, primitive transportation, 
and the wide and dreary stretch of the great 
plains. Many tribes of warlike savages also 
made operations dangerous to the white man. 
Nevertheless about 1842 began an overland 
movement to Oregon followed by the discovery 
of gold in California, and a lively movement 
toward this plateau and mountain country. 
The building of railways was deferred by the 
Civil War; and enterprise halted before the 
commercial inactivity of the Oriental nations. 
Thus the slow progress of the far West was 
due in part to historical and in part to natural 
conditions. 

Routes and Centres of the Cordilleran Region. 
— As elsewhere, the location of routes was con- 
trolled by the diversities of land surface and 
by the distribution of natural resources. The 
available routes for railways across the belt 
proved to be numerous. The first road com- 
pleted from the Mississippi Valley to the Pa- 
cific coast was the Union Pacific, connecting 
with the Central Pacific, a route which availed 
itself of the low pass of the Rocky mountains 
in Wyoming and the rich Mormon settlements 
on Great Salt Lake (see Pacific Railroads). 

Other rail routes follow tributaries of the 
Missouri River until they pass the Rocky 
Mountains and descend to the ports of Puget 
Sound, paralleling the traverse made by the 
explorers Lewis and Clarke in 1805. The in- 
terior centers on these railways are determined 
by the location of the mineral deposits of Mon- 
tana and Idaho, and the agricultural areas of 
Washington. Portland is determined by the 
accessibility of rich lowlands in Oregon, and 
by the port facilities of the lower Columbia 
and Willamette rivers. 

The southern rail routes pursue compara- 
tively open courses across the southern Rock- 
ies, and the plateaus of New Mexico and Ari- 
zona, and enter California to the southward 
of the high Sierra wall which separates most 
of the state from the Great Basin on the east. 

Denver owes its origin to somewhat local 
conditions, but by progressive life availed it- 



self of the privilege which was sure to come to 
some city on the western edge of the great 
plains, of becoming the chief center between 
the Missouri River and the Pacific coast. San 
Francisco is central to the Pacific coast of the 
United States, and by means of its harbor and 
bay and its relations to the central valley of 
California, had become a center of sufficient 
importance to attract the first transcontinen- 
tal railways. The Puget Sound ports are not 
only natural termini of traffic by the northern 
routes, but have been greatly advanced by the 
natural relations in which they stand to the 
growing trade with Alaska and the Orient. 

Range of Resources. — The territory of the 
United States has diversity of latitude and 
this diversity is effective because it includes 
both the distinctly temperate, and the sub- 
tropical belts. Special conditions intervene to 
give almost tropical warmth to limited parts 
of the Southwest. Not only latitude, but con- 
ditions of land and water, of altitude and of 
prevailing winds, introduce a variety of con- 
ditions suited to many products of the soil. 
Canada has a larger surface than the United 
States, but is far more limited in the climatic 
range of territory available for crops. 

In minerals, also, the United States has a 
comprehensive supply, including the industrial 
substances, coal, iron, and copper, the precious 
metals and all the other important metals ex- 
cept tin. Certain tropical products such as 
coffee, rubber, cocoa, spices, dyewoods, and the 
heavier cabinet woods, do not thrive within 
our territory, and they "offer occasion for 
permanent international and interzonal trade. 
Hence the United States cannot expect to be 
self-sufficient in material things. 

Unification and Expansion. — The territory of 
the United States is very large, and embraces 
several regions of great diversity of surface, 
climate and material resources. If we accept 
the ordinary principles of geographic influence 
on nations, we must expect to find such diver- 
sity of type and historical movement as would 
express itself in sectional communities. As 
a matter of fact, both diversifying and unify- 
ing forces are at work ; and these forces in both 
directions are partly geographic, but largely 
social and historical. Almost violent sectional- 
ism manifested itself before the Revolution when 
the people of the original colonies saw the 
processes of expansion west of the Appalachi- 
ans in other hands. The natural tendencies 
of the first transmontane groups were towards 
independence and the establishment of a sov- 
ereignty in the Mississippi valley. These tend- 
encies were foreseen and felt by the early 
statesmen of the federal Union, and were coun- 
teracted in part by the speedy utilization of 
the Appalachian passes as means of ready com- 
munication. 

Sectionalism was favored in the South by 
differences of climate and production, and by 
the introduction and growth of slavery, and 



686 



PHYSIOCRATS— PHYSIOGRAPHY OF NORTH AMERICA 



the plantation system. Thus Mason and Dix- 
on's line became more than an arbitrary bound- 
ary, and the south central states were divorced 
in interest from those of the upper Mississippi 
basin. These differences have largely passed 
away through the abolition of slavery, and the 
introduction into the South of modern industri- 
alism. The natural conditions are resuming 
their sway, political lines are less rigidly 
drawn, and this result is fostered by new lines 
of communication between the Great Lakes 
and prairies in the North, and New Orleans, 
Galveston, and the Gulf in the South. This 
unification may be hastened by the completion 
and use of the Panama Canal, and is similar 
to the unification taking place on the great 
plains between the United States and Canada. 
Minneapolis and Winnipeg do not greatly differ 
in spirit and commercial or industrial type 
because they are on opposite sides of the in- 
ternational boundary; there is little to mark 
the passage from the farms of North Dakota 
to those of Saskatchewan. 

A distinct approximation of principles, 
ideals, and practical life has been evident in 
recent years as between the East and the Mid- 
dle West, and any sectionalism observed in the 
Cordilleran region is transient and due to the 
recent emergence from the status of a frontier. 

In all these changes we should not fail to 
mark the influence of increasing maturity, of 
the wide diffusion of education, and of a vast 
interstate and interregional commerce. These 
influences are largely social, but are also in part 
based on the geographic factors of facilities 
for transportation and communication. These 
factors are geographic because they root them- 
selves so deeply in the forms of the land, and 



the physical relations of sections. The breadth 
of the Mississippi valley, and its increasing 
population and wealth of resources make it the 
largest unifying factor which is observable in 
the national life. It stands in easy relation 
to the great seaboards of the Atlantic, Pacific, 
and Gulf Coasts, and seems more and more 
destined to carry such balance of power as to 
make effective sectionalism impossible. It is 
significant also, that our extraterritorial ex- 
pansion, though the subject, in the past, of 
radical differences of opinion, will prove a uni- 
fying force. If the incorporation of distinct 
territories seems to introduce alien elements it 
also stimulates effort toward their assimila- 
tion, and solidifies the national sentiment in 
its relation to the other powers. These consid- 
erations have had a considerable part in the 
movement for the Isthmian Canal, and have 
thus indirectly, at least, contributed to the 
closer union of the East and West.* 

See American Government and Geography ; 
Frontier in American Development ; Phy- 
siography of North America; Resources of 
North America; Sectionalism; Trails and 
Portages ; West as a Factor in Government. 

References: A. P. Brigham, Geographic In- 
flences in Am. Hist. (1903), From Trail to 
Railway through the Appalachians (1906) ; 
E. C. Semple, Am. Hist, and its Geographic 
Conditions (1903), Influences of Geographic 
Environment (1911) ; L. Farrand, Basis of 
Am. Hist. (1904), chs. i, ii; B. A. Hinsdale, 
How to Study and Teach Hist. (1894), chs. x, 
xiv, xv; A. B. Hart, National Ideals (1907). 
Albert Perry Brigham. 

PHYSIOCRATS. See Economic Theory. 



PHYSIOGRAPHY OF NORTH AMERICA 



„ Continental Mass. — The continent includes : 
the great body of continuous land surface; the 
marginal sea bottom which is covered by shal- 
low water, and known as the continental shelf; 
and the islands off the shores. Some of these 
islands, such as many of the barrier beaches 
along the coast of New Jersey or North Caro- 
lina, are built by wave action on the conti- 
nental shelf, and others are of coral origin. 
Some are mountainous uplifts, while others 
still are parts of old and deeply dissected 
mountain ranges standing on the borders of 
the continent and isolated by partial submerg- 
ence. North America as a continent, there- 
fore, is in a sense as complicated in structure 
and as much the result of prolonged evolution- 
ary processes, as though an organic form. 

Eastern Lowlands. — In New England and 
parts of the maritime provinces there are along 
the Atlantic coast hilly lowlands which vary 
from a few feet to a few hundred feet in 



687 



altitude, and have resulted from the long- 
continued denudation of mountainous lands. 
From New York southward to Florida the low- 
lands are smooth and consist of strata which 
are geologically young and which have suffered 
no deformations. They were parts of the con- 
tinental shelf and have become land by the 
slow emergence or uplift of this part of the 
continent. The same type of surface continues 
as the Gulf plains through the southern states, 
and along the eastern border of Mexico. The 
surface slopes gently to the sea, is moderately 
dissected by streams, and many of the rivers 
have tidal courses. At the inner edge of the 
plain the rivers descend abruptly from the 
Piedmont or higher ground on the west, at 
what is called the Fall Line. Examples are 
the falls of the Potomac above Washington and 
the rapids of the James at Richmond. Because 
it marks the head of navigation, a number of 
cities have developed at this point on various 



PHYSIOGRAPHY OF NORTH AMERICA 




688 



PHYSIOGRAPHY OF NORTH AMERICA 



rivers, as Richmond and Raleigh. The coastal 
plain is especially suitable to the processes and 
products of agriculture. 

Eastern Highlands. — This name covers in a 
general way the mountain ranges and plateaus 
of the eastern United States and eastern Can- 
ada. As a rule both the rocks and uplifts are 
ancient and hence by prolonged denudation the 
surfaces have become well matured and sub- 
dued both in form and altitude. In this cate- 
gory belong the low, worn mountains of the 
Labrador peninsula, of eastern and northern 
Quebec, and of the maritime provinces. 

The United States contains mountain ranges 
of several different periods. Of very ancient 
origin, renewed by later uplifts, are the White 
Mountains and some other uplands of New 
England; the Adirondacks and Hudson high- 
lands of New York; the highlands of New Jer- 
sey, and the Blue Ridge and Unakas of the 
southern states. Somewhat younger, but still 
of ancient, or Paleozoic origin, are the Green 
Mountains and Berkshires of New England and 
eastern New York. Following these by a long 
geological interval are those ridges which run 
parallel to each other and extend in varying 
number and altitude from the Hudson River 
opposite Hudson, New York, through the Shaw- 
angunk Mountains, the broad central mountain 
belt of Pennsylvania, and thence through the 
two Virginias along the eastern border of Ken- 
tucky, continuing into central Alabama. A 
still later and minor uplift deformed the red 
sandstones of the Connecticut valley and their 
associated lava beds, resulting after much de- 
nudation in the Mount Holyoke and Mount 
Tom ranges of Massachusetts. In like manner 
were formed the Palisades ridge of the Hudson 
and the Orange Mountains of New Jersey. 

The Catskill Mountains, so called, consist 
of uplifted horizontal strata, much dissected. 
They are, therefore, a true plateau, and con- 
tinue at varying altitudes through central and 
western New York, across western Pennsyl- 
vania and southward. In Pennsylvania this 
upland is the Alleghany Plateau. It extends 
over West Virginia, forms the so-called moun- 
tain district of eastern Kentucky, the highland 
of central Tennessee and disappears beneath 
the coastal plain in central Alabama. In the 
south it is the Cumberland Plateau. This en- 
tire upland from eastern New York to Alabama 
Is properly termed the Appalachian Plateau 
and it contains the most extensive beds of bitu- 
minous coal in the United States. 

Along the axis of the entire mass of eastern 
highlands extends a spacious valley, due not 
to the action of any one great river, but to 
weathering and to many streams operating on 
a belt of weaker rocks. Parts of this valley 
have local names such as the Hudson (not in- 
cluding the Highland Gorge), the Cumberland 
Valley in Pennsylvania, the Valley of Virginia 
and the valley of East Tennessee. This low- 
land belt is the great Appalachian Valley. It 



is occupied everywhere by railways, and con- 
tains many cities, such as Easton, Harrisburg, 
Chambersburg, Hagerstown, Winchester, Staun- 
ton, Knoxville, Chattanooga, and Birmingham. 
It served as a highway in colonial times, and 
in the period of the Civil War, and will, un- 
doubtedly, always have, as it has had in the 
past, an important place in American develop- 
ment. The uplands of Ohio and southern Indi- 
ana are the western and lower parts of the 
Appalachian Plateau. 

Great Lake Highlands and Plains.— During 
the closing stages of the glacial period the 
Laurentian Lakes were vastly greater than 
now and their waters overspread wide surfaces 
which now belong to the lowlands along the 
lake borders. In these larger waters were 
strewn fine muds which now make lowland 
soils. These fertile plains are conspicuous in 
the northern states and in southern Ontario, 
around all the lakes except Lake Superior. 
They are often marked by elevated shore lines 
from which the waters have now retired. The 
lake bottoms themselves, notwithstanding the 
considerable depth of these waters, would, if 
drained, afford vast plains continuous with 
those now found contiguous to the shores. 

Northward from Lake Superior, as well as 
southward, are somewhat rugged uplands, rep- 
resenting ancient mountains now greatly worn 
and subdued. These are developed throughout 
the mining and forest areas in the northern 
peninsula of Michigan, in the northern half of 
Wisconsin, and in the more broken parts of 
northeastern Minnesota. 

Central Plains. — A vast plain stretches from 
the Gulf of Mexico across the United States 
and Canada to the Arctic Ocean. It may be* 
briefly described by saying that it embraces 
most of the basin of the Mississippi, Nelson, 
and Mackenzie river systems. The Nelson 
River is here made to include its great trib- 
utaries, the Assiniboine and Saskatchewan riv- 
ers. This plain is in the main a true lowland, 
but it gradually rises to the west and becomes, 
at the base of the Rocky Mountains in both 
countries, a plateau having an altitude of sev- 
eral thousand feet. It is composite in origin, 
but is, in general, younger than the lands to 
the eastward and many of the uplands to the 
westward. Defining its parts more in detail, 
it includes the Gulf plains, already described, 
the prairies of the north central states, and 
the great plains of the region west of the one- 
hundredth meridian. In Canada, it includes 
the grain-raising plains and ranch lands of 
the Canadian Northwest. Thence it reaches 
over into the Peace River region and embraces 
the most of the Mackenzie River territory and 
surrounds the great lakes of Northern Canada. 
In the far north the central plain reaches out 
to the east and west and includes vast 
stretches of flat and rolling tundra in the 
frozen regions of northern Canada, and the 
Arctic border of Alaska. 



PHYSIOGRAPHY OF NORTH AMERICA 



The central plain is rarely interrupted by 
highlands due to the deformation of strata. 
An exception is found in the Ozark Plateau of 
southern Missouri and in the Ouachita Moun- 
tains of northern Arkansas and eastern Okla- 
homa. A further exception near the western 
border is found in the local uplift of the Black 
Hills. 

The surfaces of the plains differ much in or- 
igin, including deltas like those of the Missis- 
sippi and Mackenzie, torrential waste plains 
whose materials are derived from the Rocky 
Mountains, the glacial outwash plains of many 
prairies, the lake plains of the Red River Val- 
ley, and the exposed and denuded surfaces of 
marine strata of the Mesozoic Era. 

Western Highlands. — These may be regarded 
as a unit from southern Alaska and the Yukon 
territory of Canada, to the mountains of Cen- 
tral America. They present, however, many 
phases both of mountain and plateau. The 
subordinate units of topography will be briefly 
enumerated. 

The Rocky Mountains constitute both in 
Canada and the United States the eastern 
member of these highlands. In the United 
States they extend from Montana and Idaho 
through Wyoming, Colorado, New Mexico, and 
western Texas. They include many local 
ridges and intermontane basins. In the west, 
the coast is bordered by ranges that rise steep- 
ly from the Pacific shore, from Alaska 
through British Columbia, the Pacific Coast 
states, and Mexico. That this series of moun- 
tains is not yet fully developed is shown by 
recent earthquakes and earth movements on 
the Pacific coast, and perhaps by volcanic agi- 
tations in Alaska. 

Back of the coast ranges in the Pacific states 
rise the loftier and older Sierras of California 
and the Cascade range of Oregon and Wash- 
ington. These two series of ranges include be- 
tween them the great central valley of Cali- 
fornia, the fertile Willamette valley of Oregon, 
and the Puget Sound valley of Washington. 

Between the Rocky Mountains of Canada and 
the coastal mountains of British Columbia, is 
the Selkirk range. Between the eastern or 
Rocky Mountain range and the Sierra-Cascade 
range lies a series of plateaus and lesser moun- 
tain ranges. In the north are the great 
lava plateaus of the Columbia and Snake riv- 
ers, in eastern Washington and Oregon, and 
southern Idaho. Deep canyons have been 
formed in the lava sheets by these streams. 
Along the Colorado River and its branches are 
the Colorado plateaus. They stand at altitudes 
of several thousand feet in western Colorado 
and New Mexico, eastern Utah and northern 
Arizona, and deep dissection has produced the 
Grand Canyon and many other profound gorges. 

West of the plateaus in central Utah is the 
short, but lofty Wasatch range. Between this 
and the Sierras, occupy ing western Utah and 
most of Nevada, is the Great Basin. It is 



a plateau partially inclosed by the high 
mountains on the east and west, consisting 
mainly of subordinate basins, which on ac- 
count of aridity, have no drainage to the sea. 
Large areas in the northern part of the basin 
are plains covered with the sediments of vast 
fresh water lakes, of which the Great Salt 
Lake and others are the saline remnants. Run- 
ning north and south in the Great Basin are 
several parallel mountain ranges, some of them 
of considerable length and altitude. 

Northern and central Mexico has a coastal 
plain on the east, but descends steeply to the 
ocean on the west, except the peninsula of 
lower California. The greater part of the 
interior, however, is a high and arid plateau 
flanked by mountains and descending by steep 
slopes to the coastal plain on the east, and 
to the Pacific strand on the west. Southern 
Mexico and Central America have mountains 
of considerable height, some of them being 
volcanic peaks of 'great altitude. The highest 
point on the continent is the summit of Mt. 
McKinley in southern Alaska, which is 20,464 
feet high. 

Glacial Invasion.— Nearly all of Canada and 
the northern United States was covered by 
glacial ice. The higher and more rugged sur- 
faces were much subdued, and vast quantities 
of ancient soil and glacially eroded rock waste 
were distributed in part by the ice itself and 
in part by waters issuing from the ice. 
Thousands of lakes were formed, streams di- 
verted from their courses, waterfalls produced, 
and moraines and other hills of waste were 
built. The later agricultural and industrial 
uses of the land were in high degree shaped 
by this incident of the physical history of the 
continent. 

See American Government and Geography ; 
Far West; Middle West; New England; 
North America ; Pacific Slope ; Physics and 
Politics; Resources of North America; 
South. 

References: I. C. Russell, North America 
(1904), Glaciers of North America (1904); 
S. E. Dawson, Canada (1884) ; H. Gannett, 
"United States," "North America" in Stam- 
ford's Compendium (1882); J. W. Powell and 
others, National Geographic Monographs 
(1895) ; I. Bowman, Forest Physiography 
(1911) ; Various authors in International 
Geography (1900), 664-812; A. P. Brigham, 
Geographic Influences in Am. Hist. (1903) ; A. 
J. Henry, "Climatology of the U. S." in 
Weather Bureau, No. 361 (1906) ; J. Morse, 
Am. Universal Geography (6th ed., 1812) ; J. 
H. Patton, Natural Resources of the U. S. 
( 1888 ) ; E. C. Semple Am. Hist, and Its 
Geographic Conditions (1903), Influence of 
Geographic Environment (1911) ; N. S. Shaler, 
Nature and Man in America (1891) ; C. R. 
Van Hise, Conservation of Natural Resources 
(1910); J. D. Whitney, The United States 
(1889-1904). Albert Perry Brigham. 



690 



PICKERING, TIMOTHY— PILOTAGE 



PICKERING, TIMOTHY. Timothy Picker- 
ing ( 1745-1829 ) was born at Salem, Mass- 
achusetts, July 17, 1745. He was admitted 
to the bar in 1768, and became prominent as 
a patriot leader. In May, 1776, he was elected 
a member of the general court, but in Decem- 
ber joined the American army at New York, 
and served throughout the war, holding the 
ranks of adjutant general and quartermaster 
general. He was a delegate from the Wyoming 
district of Pennsylvania to the Federal Con- 
vention, and a member of the state constitu- 
tional convention of 1789-90. From 1790 to 
1794 he was engaged in negotiations with the 
northern Indian tribes, and from 1791 to 1794 
was also Postmaster General. In 1794 he be- 
came Secretary of War, and in 1795 Secretary 
of State, in the latter office succeeding Edmund 
Randolph. He was unfriendly to Adams, how- 
ever, and in May, 1800, was removed. The 
next year he returned to Massachusetts, and in 
1802 was appointed chief justice of the court 
of common pleas. . In 1803 he was elected 
United States Senator, as a Federalist, retain- 
ing his seat until 1811. As Senator he was 
identified with the "Essex" Junto," and involved 
in the so-called "New England plot." From 
1813 to 1817 he was a member of Congress. He 
died at Salem, January 29, 1829. See Essex 
Junto; Federalist Party. References: 0. 
Pickering and C. W. Upham, Life of Timothy 
Pickering (1867-73); H. Adams, Hist, of the 
U. S. (1889-91), Docs. Relating to New Eng- 
land Federalism (1878). W. MacD. 

PICKETING. Picketing consists in the post- 
ing during strikes, near factory entrances or 
boarding houses, of members of labor unions, 
with the design that they shall persuade other 
workmen not to take the places of the strikers. 
In most jurisdictions picketing is recognized 
as legal, if not accompanied by acts or threats 
of violence, but it has often been enjoined 
by the courts. See Boycotts; Injunctions; 
Labor Organizations; Order, Maintenance 
of; Strikes. Reference: F. T. Carlton, Hist. 
and Problems of Organized Labor (1911), 172- 
73 J. R. C. 

PIEDMONT. Piedmont, once independent, 
after 1418 was a part of Savoy, after 1720 the 
chief and determining portion of the kingdom 
of Sardinia, which in* 1848 received a new con- 
stitution and began the liberation of Italy by 
a movement against the Austrians. Sardinia 
formed an active alliance with England and 
France in the Crimean war; and in 1859, by 
aid of France, won the victories of Magenta 
and Solferino which influenced the movement 
for united Italy. 

American relations with Sardinia began with 
a treaty negotiated in 1838 by a special Amer- 
ican agent. Relations continued through an 
American charge d' 'affairs from 1840 to J 850, 
and a Sardinian charge at Washington from 



1839 until Victor Emanuel II became King of 
Italy in 1861 — when the Sardinian charge be- 
came the first minister of united Italy at Wash- 
ington. See Italy, Diplomatic Relations 
with. References: Pietro Orsi, Modern Italy 
(1900); W. J. Stillman, The Unity of Italy 
(1899) ; W. R. Thayer, Dawn of Italian Inde- 
pendence (1894), Camillo Cavour (1911). 

J. M. C. 

PIERCE, FRANKLIN. Franklin Pierce 
( 1804-1869 ) , fourteenth President of the Unit- 
ed States, was born at Hillsborough, N. H., 
November 23, 1804. In 1827 he was admitted 
to the bar. From 1829 to 1833 he was a mem- 
ber of the state legislature, being speaker the 
last two years. In 1833 he was elected to 
Congress, serving four years. He was a warm 
supporter of Jackson, and in December, 1835, 
spoke and voted against the reception of abol- 
ition petitions. In 1837 he was elected United 
States Senator. He resigned in 1842, and re- 
sumed the practice of law. He declined to be 
a candidate for governor or for Senator in 
1845, and also the offer of appointment as 
Attorney General in Polk's Cabinet. He was, 
however, one of the leaders of the Democratic 
party in New Hampshire, and in 1845 led a 
hard but unsuccessful fight against John P. 
Hale for the Senate, over the question of the 
annexation of Texas. In 1847 he was commis- 
sioned brigadier-general, and served through- 
out the remainder of the Mexican War. He 
was president of the New Hampshire constitu- 
tional convention in 1850. In the Democratic 
national convention of 1852 he was nominated 
for President on the 49th ballot, and was 
elected, receiving 254 electoral votes against 42 
for Winfield Scott, the Whig candidate. His 
administration covered the stormy period of 
the Kansas struggle and the formation of the 
Republican party. He urged the annexation of 
Cuba and signed the Kansas Nebraska Act. 
He was a strong candidate for renomination in 
3856, but was defeated. On the outbreak of 
the Civil War he sided with the Union. He 
died at Concord, N. H., October 8, 1869. See 
Democratic Party. References: N. Haw- 
thorne, Life of Franklin Pierce (1852) ; J. D. 
Richardson, Messages and Papers of the Presi- 
dents (1897), V; J. F. Rhodes, Hist, of the U. 
8. (1893-1905), I. II. W. MacD. 

PILOTAGE. The Federal Government (Const. 
Art. I, Sec. viii, If 3) has authority over 
pilotage; but, as each state had detailed pilot- 
age laws when the Constitution went into 
effect, Congress, in 1789, provided that "all 
pilots . . . shall continue to be regulated 
by the laws of the states wherein such pilots 
may be." In a few particulars, only, has it 
been necessary for Congress to supplement or 
limit the state laws. To prevent interstate 
friction Congress requires a vessel entering a 
port or a bay on the boundary between two 



691 



PINCHOT, GIFFORD— PINKNEY, WILLIAMS 



states to accept the first pilot offering his 
services; the states are prohibited from making 
pilotage charges less on a vessel making an 
intrastate trip than when entering from the 
port of another state; the captains and mates 
of coastwise steamers must be pilots with a 
federal license, and the states are not allowed 
to require such federal pilots to secure a state 
license as a pilot. At the port of New York 
there are 130 pilots all members of an incor- 
porated body. The several members of the 
association pilot ships in turn, the earnings are 
pooled, and each member draws a regular 
salary.' The association maintains a large, safe 
steam pilot boat. New York state does not 
require an incoming vessel to take a pilot if 
none offers his services; but a captain would 
seldom run the risk of losing insurance by not 
taking on a pilot. The pilotage rates at New 
York are $4.88 per foot for vessels drawing 21 
feet or more; $4.13 per foot for a draft of 18 
to 21 feet; $3.38 per foot for a draft of 14 to 
18 feet; and $2.78 per foot for a draft of 6 to 
12 feet. See Harbor Systems; Navigation, 
Regulation of; Shipping, Regulation of. 
References: E. R. Johnson, Ocean and Inland 
Water Transportation (1906), eh. xvi; J. B. 
Eyall, in Am. Acad, of Pol. and Soc. Sci., 
Annals, XXVI (1904), 494. E. R. J. 

PINCHOT, GIFFORD. Gifford Pinchot 
(1865- ) was born at Simsbury, Conn., 
August 11, 1865. He studied forestry in Eu- 
rope, and in 1892 began the first scientific for- 
estry -work in this country on the Vanderbilt 
estate at Biltmore, N. C. In 1896 he became 
a member of the National Forest Commission, 
appointed to frame plans for the administra- 
tion of the forest lands of the Federal Govern- 
ment; and in 1898 was appointed chief of the 
forestry division (now the forest service) of 
the Department of Agriculture. In 1902 he 
made a report on a forest policy for the Phil- 
ippines. In 1903 he was made a member of the 
committee on the organization of government 
scientific work, appointed by President Roose- 
velt; and, in tjie same year, of the commission 
on public lands. . In 1907 he became a mem- 
ber of the Inland Waterways Commission, and 
in 1908 chairman of the National Conservation 
Commission, a member of the commission on 
country life, and chairman of the joint com- 
mittee on conservation appointed by the con- 
ference of governors. In September, 1909, he 
made a public attack on Richard A. Ballinger 
(see), Secretary of the Interior, charging him 
with opposing conservation and aiding fraudu- 
lent or questionable land schemes. A further 
attack followed in January, 1910, and he was 
thereupon removed from office by President 
Taft. As President of the National Conserva- 
tion Association, organized in 1909, he con- 
tinued to agitate for federal control of forests, 
etc. See Conservation. Reference: Am. Year 
Book, 1910, 42, 293. W. MacD. 



PINCKNEY, CHARLES COTESWORTH. 

Charles C. Pinckney was born in South Caro- 
lina in 1746 and died in 1825. He studied law 
in England and returned to America to begin 
the practice of law in his native state. At the 
outbreak of the Revolution he joined the patri- 
otic side;, was a member of the provincial con- 
gress of South Carolina, and entered the Army 
soon after the beginning of the war. After 
serving for a time in South Carolina he went 
north and joined Washington's army. In 1880 
he was at Charleston and was taken prisoner 
at the surrender of that city to the British. 
After his release he was made brigadier-gen- 
eral (1783). He was a member of the Federal 
Convention of 1787 and advocated the adop- 
tion of the Constitution by his state. Wash- 
ington appointed him minister to France in 
1796 and the next year he was appointed one 
of three commissioners entrusted with the task 
of settling the French troubles [see France, 
Diplomatic Relations with ; X Y Z ) . In 
1798 he was made a major-general in the army 
that was raised to fight France. In the election 
of 1800 Adams and he were the candidates for 
President and Vice-President voted for by the 
Federalist electors. In 1804 and 1808 he was 
Federalist candidate for President. See Fed- 
eralist Party. References: J. P. Gordy, Polit. 
Parties in the U. 8. (1900), chs. xviii, xxi; J. 
B. McMaster, Hist, of U. 8. (1883-1900), III, 
188f., 317. A. C. McL. 

PINKERTON MEN. A term popularly ap- 
plied to any employees of private detective 
agencies used for the protection of life and 
property, particularly during strikes. Pinker- 
ton was a very successful organizer of a de- 
tective system; and in times of stress employ- 
ers sometimes called upon him to furnish what 
was substantially an armed guard. These men 
were commonly sworn into service as deputies 
[see) or peace officers, so that they had author- 
ity to make arrests. In 1892 a body of Pin- 
kerton's men trying to enter Homestead, Penn- 
sylvania, were assailed by a large number of 
strikers, and strike-sympathizers including 
women, and several of them were killed. The 
labor organizations look upon the Pinkerton 
men as strike breakers and scabs of the worst 
kind, not even being workmen out of a job. 
The practice of self-defense by private guards 
is manifestly dangerous; and is strictly for- 
bidden by the statutes of some of the states. 
Employees of the Pinkerton and other firms 
are, however, often hired as personal body 
guards by public men and others. See Coer- 
cion of Individuals ; Detectives, Public ; 
Labor, Protection to; Order, Maintenance 
of; Secret Service of the U. S.; Strikes. 

A. B. H. 

PINKNEY, WILLIAM. William Pinkney 
was born at Annapolis, Md., March 17, 1764, and 
died February 25, 1822. When he was elected 



692 



PIOUS FUND ARBITRATION— PIRACY 



to the Maryland convention which ratified the 
Federal Constitution he was a successful law- 
yer in Harford county. He was a member of 
the state legislature up to the time of his 
appointment as special commissioner by Wash- 
ington, 1796, to determine the claim of Amer- 
ican merchants to compensation for losses by 
acts of the English government. He secured 
for Maryland a claim on the Bank of England 
amounting to $800,000. In 1806, he was again 
sent to England as the colleague of Monroe to 
take up the question of the rights of neutrals 
and remained as minister until his recall in 
1811. As Attorney General in Madison's Cab- 
inet, he was an earnest advocate of the War of 
1812 and entered the army in command of a 
company of riflemen. For two years previous 
to 1818, he served as minister to Russia and 
special envoy to Naples. In 1820, he was elect- 
ed to the United States Senate, where he stren- 
uously opposed the admission of Missouri under 
the compromise. See Geeat Britain, Diplo- 
matic Relations with; Maryland. Ref- 
erence: W. Pinkney, Life of William Pinkney 
(1853). J. A. J. 

PIOUS FUND ARBITRATION. The impor- 
tance of the Pious Fund Case lies not so much 
in the case itself as in the fact that it was 
the first case to be tried before the so-called 
Permanent Court of Arbitration at The Hague, 
created by the First Hague Peace Conference 
of 1899 ( see Hague Conferences). The Con- 
vention for the Pacific Settlement of Inter- 
national Disputes provided machinery by which 
a temporary tribunal could be constituted 
from a permanent panel of judges for the 
trial of any case which the powers signatory 
to the convention might care to submit to its 
decision. 

As early as 1697 members of the Order of 
Jesus undertook the conversion of the Indians 
of the Californias, and for that purpose large 
contributions, both of money and property, 
were received. Upon the expulsion of the 
Jesuits in 1767 from Spanish territories, the 
Crown assumed administration of the Fund, 
and when Mexico obtained its independence, its 
Government succeeded to the trusteeship. This 
continued until 1842, when a law was passed 
incorporating the properties into the national 
treasury and directing the sale of real estate 
and other property. At the same time, an ac- 
knowledgment was made of an indebtedness of 
6 per cent per annum on the proceeds of the 
sale, and the national revenue from tobacco was 
pledged to the payment of the income corres- 
ponding to the capital of the fund. 

After upper California was acquired by the 
United States in 1848, Mexico paid no part of 
the income to the beneficiaries there, and the 
question was presented for adjustment to the 
United States and Mexican Mixed Claims 
Commission in 1870. No award was ren- 
dered, the American commissioner finding 



693 



for the claimant and the Mexican commissioner 
for his government. Subsequently the case 
was referred to the umpire, who awarded the 
sum of $904,700.99, this being six per cent 
upon one-half of the capitalized value of the 
fund, the other half being considered as avail- 
able for Lower California (Mexican territory). 
Mexico, in paying the award, took occasion to 
state its position, that the payment was a 
settlement in toto, and that any fresh claim 
would be forever inadmissible. 

This position not being agreed to by the 
United States, a protocol was finally negotiated 
in 1902, providing that the Permanent Court 
at The Hague determine the question as to 
whether the liability of Mexico for the pay- 
ment of annual interest after 1868 was, by 
the decision of the umpire, a res judicata; 
and, if not, whether Mexico was so liable; 
and to render such judgment and award as 
might be proper under the circumstances. The 
case was heard in the fall of 1902, and on 
October 14, the court rendered an award di- 
recting Mexico to pay to the United States, 
in trust for the American beneficiaries, the 
sum of $1,420,682.67 Mexican, which sum was 
totally to extinguish the debt up to February 
2, 1902, and also directing that the Mexican 
government pay annually to the United States 
the sum of $43,050.99, Mexican. 

See Arbitrations, American ; Hague Tribu- 
nal; Mexico, Diplomatic Relations With. 

References: J. H. Ralston, "Report as Agent 
of the U. S." in U. 8. Foreign, Rel, 1902, App. 
II, 9-15; J. B. Moore, Hist, and Digest of 
Am. Arbitrations (1898), II, 113-149; W. E. 
Darby, International Tribunals ( 4th ed., 1904 ) , 
901. James B. Scott. 

PIRACY. "All persons are held to be pi- 
rates who are found guilty of piratical acts, 
and piratical acts are robbery and murder on 
the high sea" (The Magellan Pirates, 1 Spinks 
English Ecclesiastical and Admiralty Reports 
[1853], 81). This definition is too broad for 
it is generally held that piracy also involves 
the animus furandi; and that the one com- 
mitting the act is an enemy to all mankind. 
An American court has held that "piracy is 
defined by the law of nations to be a forcible 
depredation upon property on the high seas, 
without lawful authority, done animo furandi; 
that is, as defined in this relation, in a spirit 
and intention of universal hostility. A pirate 
is said to be one who roves the sea in an 
armed vessel, without any commission from 
any sovereign state, on his own authority, . and 
for the purpose of seizing by force and appro- 
priating to himself without discrimination 
every vessel he may meet" (U. S. vs. Barker, 
5 Blatchford 11). 

Piracy according to domestic law may be 
different from piracy according to the inter- 
national law. The Constitution of the United 
States provides (Art. I, Sec. viii, If 10) that 



PITTSBURGH 



Congress shall have power, "to define and 
punish piracies and felonies committed 
on the high seas, and offenses against the 
law of nations." The United States Govern- 
ment has sometimes refused to recognize as 
pirates those who have been declared by other 
states to be pirates, especially where South 
American states have endeavored to put those 
rising in opposition to the established govern- 
ment in this category, in order that they might 
thus deprive insurgents of all rights. The 
slave trade has sometimes been declared to 
be piratical. Privateering has sometimes been 
assimilated to piracy, and many attempts to 
extend the penalties of piracy to other oper- 
ations on the high seas have been made. 

See Citizenship; Creole Case; L'Amistad 
Case; Privateee; Slave Teade. 

Reference: J. B. Moore, Digest of Int. Law 
(1906), II, 959-979. George G. Wilson. 

PITTSBURGH. The government of Pitts- 
burgh today is centered in a mayor and a 
single councilmanic body of nine members 
elected by the city at large. Except that his 
appointments of departments heads must be 
approved by the council, the mayor has full 
executive authority. The council's legislative 
powers are limited only by the mayor's veto, 
which can be overridden by a two-third vote. 
This is comparatively a new form of charter 
for Pittsburgh, the mayor having been given 
large executive powers in 1901 and the council 
made a single body elected at large in 1911. 
From Pittsburgh's incorporation, first as a 
borough in 1794 and then as a city in 1816, 
until 1901 practically all the powers of govern- 
ment were in councils. There were two bodies, 
select and common. Until 1834 councils elected 
the mayor, selecting one of the city's twelve 
aldermen. These aldermen were simply jus- 
tices of the peace appointed by the governor 
of the state. The mayor himself was little 
more than a committing magistrate, even after 
1834 when elected by the people. In 1867 he 
was given power of veto, which was soon with- 
drawn by the state legislature and not re- 
turned until 1874. But until 1901 councils 
controlled all the powers of government, di- 
recting these through their own committees 
until 1888, when the executive management 
was delegated to directors under councils con- 
trol. 

Pittsburgh long had too many councilmen. 
It was given by its first city charter in 1816 
nine select and fifteen common councilmen, 
this number reaching fifty-seven in the upper 
and ninety-eight in the lower branch by 1908. 
From 1833 these councilmen were elected by 
ward divisions, which proved to be another 
mistake. Government by councils had be- 
come so bad by 1901 that the state legislature, 
in response to a public demand, granted Pitts- 
burgh a new charter, which gave the mayor 
full executive authority. There still remained 



two large council bodies, representing small 
ward divisions, under which system Pittsburgh 
found good government impossible. In 1911, 
therefore, the state legislature gave the city 
its present council system with a single body 
of nine members elected at large. The broad 
executive powers of the mayor were not re- 
duced except that the council may remove de- 
partment directors for cause after a public 
trial. 

This, then, is the basis of Pittsburgh's form 
of charter today. The mayor as chief execu- 
tive is elected for four years and is not eligible 
for the next succeeding term. He appoints, 
with the approval of the council, the heads 
of the following executive departments: pub- 
lic safety, public works, collector of delin- 
quent taxes, city assessors, city treasurer, pub- 
lic health, charities, law and supplies. With 
few exceptions the other employees of the city 
are selected through civil service. 

Members of the council are elected for a 
term of four years. The council has the usual 
committee divisions, but every councilman is 
a member of every committee. All meetings 
are public. The mayor's annual salary is 
$10,000; members of the Council receive $6,500 
and department heads $5,000. The city comp- 
troller elected for four years, is little more 
than an auditor, without the power of inspec- 
tion, either over supplies or contracts. This 
is one of the remaining weak points of the 
system. 

Certain functions of government, while sup- 
ported by the city out of tax revenues levied by 
the council, are under the control of other 
bodies. The school system is in charge of a 
board of fifteen members appointed by the 
courts. The public libraries and playgrounds 
are under excellent private management. The 
city operates its own water system, a number 
of public markets, a small electric plant for 
street lighting and an asphalt repair plant. 
While garbage and refuse removal is now 
done under private contract, the city is pre- 
paring to handle its own work. The city 
maintains a hospital for contagious diseases 
and is equipping a second solely for tubercu- 
losis. The work of its health department, fully 
organized within recent years, including food 
inspection, overlaps in a number of instances 
that department in the state. This conflict 
of authority and division of responsibility 
may tend to lessen the department's effective- 
ness. 

The city's property valuation in 1911 for 
taxation, excluding all property exempt, was 
$682,248,182 and until that time subject to 
three classifications: business (full), residence 
( two-thirds ), rural (one-half). On account of 
the low valuation of unimproved property 
much was held for speculative purposes. By 
an act of assembly in 1911 all real estate is 
now assessed and taxed at a uniform rate 
based on its full valuation. The council is 



694 



PIVOTAL STATE— PLATFORM, POLITICAL 



not limited in the amount of taxes it can levy 
and has authority to issue bonds up to two 
per cent of the city's assessed valuation. By 
a vote of the people bonds may be issued to 
seven per cent of the valuation. 

Pittsburgh has certain safeguards thrown 
around its elections, such as joint primaries, 
(see Primary, Direct), personal registra- 
tion (see Voters, Registration of), and a cor- 
rupt practices act (see). This legislation 
passed in 1906 has corrected many evils, but in 
each instance might be strengthened. 

See Charters, Municipal; Mayor and 
Executive Power in Cities*; Municipal 
Government. 

References: J. M. Hall, America's Industrial 
Center (1891); articles on Pittsburgh in 
Charities, XXI ( 1908-9 ) ; P. U. Kellogg, Ed., 
Pittsburgh Survey (1909-1911). 

Ten sard De Wolf. 

PIVOTAL STATE. A doubtful state whose 
electoral vote is so large that it may deter- 
mine the choice of a President is a "pivotal 
state." Its importance is easily illustrated. 
Pennsylvania, from the first party division 
down to 1885 has, with but two exceptions, 
always voted for the successful presidential 
candidate. In the elections from 183G to 1860 
five changes of party majorities occurred in 
this state. If the state had gone Democratic 
in 1848 it would have decided the election for 
Cass. On two other occasions the electoral 
vote of Pennsylvania would have almost turned 
the scale. Since 1860 New York has been the 
pivotal state. A change of six hundred popu- 
lar votes in New York state would have de- 
feated Cleveland in 1884. Ohio and Indiana 
stand next to New York as pivotal centers 
although the smaller totals of their electoral 
votes render them less powerful. 

In addition to the typical characteristics 
of a doubtful area, pivotal states show other 
features growing out of their great national 
importance. From the first moment of excite- 
ment to the end of election night they are in 
the limelight. The ranks of their politicians 
and great men more often than any others 
furnish the successful candidates to the na- 
tional conventions. During the campaign 
proper, time, interest, speeches, literature and 
funds are poured upon them by the national 
committee. They are the real battlefields on 
which the two leading parties struggle for 
the mastery since success in these limited 
areas assures success in the nation. 

See Nomination of the President; Party 
Organization in Massachusetts; Party Or- 
ganization in Pennsylvania; Party System 
in Doubtful States. 

References: T. H. McKee, National Conven- 
tions and Platforms (4th ed., 1901) ; M. Ostro- 
gorski, Democracy and Party System (1910), 
155, 207; J. Macy, Party Organization and 
Machinery (1912), ch. xiii. J. M. 



695 



PLANT INDUSTRY, BUREAU OF. The 

Bureau of Plant Industry in the Department 
of Agriculture ( see ) , is directed by a bureau 
chief, and prosecutes the study of plants in 
all their relations to agriculture. The work of 
the Bureau, in detail, covers the study of 
problems in plant pathology, such as diseases 
of fruit-trees, and other trees, and of cotton 
plants, the improvement of plants, such as the 
sugar-beet, the investigation of soil-bacteri- 
ology and water-purification, the acclimati- 
zation and adaptation of crop plants, the in- 
vestigation of medicinal and poisonous plants, 
of fibres, of grains, of tobaccos, fruit investi- 
gations, and investigations in farm manage- 
ment and dry-land agriculture. The Bureau 
operates seed-testing laboratories, standardizes 
grains, maintains field stations in connection 
with reclamation projects, reseeds denuded 
mountain and grazing lands, experiments with 
green house gardening, and conducts the con- 
gressional free distribution of seeds. See 
Agriculture, Relation of Government to; 
Animal Industry, Bureau of; Entomology, 
Bureau of; Forest Service. Reference: 
Dept. of Agriculture, Annual Reports. 

A. N. H. 

PLATFORM, POLITICAL. History.— In the 
United States resolutions formally adopted by 
authorized party delegates have become an 
important political institution under the name 
of party platforms. The American party plat- 
form is a product of the convention nominat- 
ing system. Before there were national con- 
ventions party issues were defined by other 
means. The Virginia and Kentucky Reso- 
lutions (see) formulated by Jefferson and 
Madison, and the replies thereto from six 
Federalist legislatures are the first party 
statements. Previous to 1840 a few platforms 
were also adopted by various party bodies. 
The congressional caucus (see) that nominated 
Jefferson in 1800 adopted a platform of eleven 
resolutions. The New York supporters of 
DeWitt Clinton in 1812 also formulated their 
beliefs in a platform. Nothing more of the 
nature of a platform appears until 1832 when 
a National Republican ratification convention 
met in May after the national convention and 
adopted a platform. In the campaign of 1836 
the Democrats and the Whigs of New York 
each adopted resolutions that embodied a state- 
ment of party principles. The first national 
platform eminating in regular order from the 
nominating convention was the Democratic 
platform of 1840. Its nine planks were, with 
slight variation, reenacted by every Demo- 
cratic convention till 1860. The Whig conven- 
tion that nominated Clay in 1844 drew the first 
platform of that party. Thereafter platform- 
making became an important duty of every 
nominating convention (see). 

Contents. — A platform must state the issues 
that divide parties. The Virginia and Ken- 



PLATFORM, POLITICAL 



tucky Resolutions with the replies by Massa- 
chusetts and other state legislatures presented 
the fundamental conflict between state rights 
(see) and centralized, or national government. 
The principles thus early formulated have ap- 
peared in nearly all the platforms since adopt- 
ed by the two great parties. Most of the 
resolutions in the Democratic platform of 
1840 deal with the limitation of the powers of 
the general government, and in 1856 and 1860, 
when the conflict between state rights and 
federal authority was again acute, the Demo- 
crats incorporated the Virginia and Kentucky 
Resolutions in their national platform. Tra- 
ditionally the party of Jefferson and Madison 
has ever maintained the rights of the state, 
and the opposing party, under its various 
names, has emphasized the importance of a 
strong central government. Closely connected 
with this contest has followed the equally per- 
sistent difference over the tariff question. The 
party of Jefferson maintained from the begin- 
ning that Congress had no power under the 
Constitution to collect customs duties save for 
revenue only. This position was specifically 
stated in the Democratic platform of 1892, 
fully a hundred years after the doctrine was 
first formulated. The opposing party with 
equal persistence has advocated a protective 
tariff. For more than fifty years, also, one 
party denied and the other affirmed the right 
of Congress to provide for a banking system. 
These fundamental distinctions appear as ear- 
marks in party platforms. They do not ordi- 
narily represent the actual issues of the cam- 
paign; they rather indicate opposing theories 
of legislative policy. Actually the parties do 
not always move in strict harmony with their 
theories. 

In one respect platforms are all alike. They 
claim for their party superior honesty, efficien- 
cy and economy in executive and administra- 
tive policy. Efficiency may even become the 
leading issue. In 1876, for instance, the Dem- 
ocratic convention that nomimated Tilden, in- 
stead of the ordinary formal resolution, issued 
an address arraigning the party in power for 
its manifold abuses and presenting a list of 
specific reforms which the country required. 
This is but an exaggeration of one charac- 
teristic of the orthodox platform which lauds 
its own party and denounces the enemy. If 
the party is in power it approves of the ad- 
ministration, gives a catalogue of its good 
deeds, and adds a list of the failures and the 
iniquities of the opposing party. When this is 
done in florid style and is the chief feature, 
the document is called a "ringing platform." 

Besides the permanent features that indicate 
party theory and the self-glorification and 
criticism of the enemy, the typical platform 
contains a large amount of other matter of 
which the immediate object is to carry the 
election. In this division belong resolutions 
designed to conciliate specific classes of voters 



or to give expression to sentiments of reform, 
or to forestall the influence of a minor party. 
Since the Civil War the platforms of both 
parties express interest in the soldiers of the 
Union. The appearance of labor organizations 
was accompanied by expressions of special 
interest in wage earners. Long after the Gov- 
ernment had withdrawn equal protection from 
naturalized citizens who might return to their 
native lands, foreign-born citizens continued 
to read in the recurring platforms of the party 
in power a demand for equal protection. 
Both parties expressed sympathy with the 
Home Rulers in Ireland in the platforms of 
1888. Such resolutions are bids for the 
massed vote of a special class (see Vote). 

Of a slightly different type are the reso- 
lutions for reforms that involve no party con- 
flict. The civil service reform is championed 
in both platforms; the parties have vied with 
each other in expressions of opposition to 
monopoly, in demands that public lands be 
reserved for the use of actual settlers and in 
expression of opposition to every form of 
franchise abuse. In 1872 the national Prohi- 
bition party (see) appeared. Since then a 
resolution in favor of temperance has occasion- 
ally been adopted by Republican national con- 
ventions; and resolutions condemning sump- 
tuary legislation have appeared in Democratic 
platforms. Woman's rights have found favor- 
able mention in a number of Republican plat- 
forms, and in the Progressive platform of 
1912; the Democrats have ignored the subject. 
Both parties pose as champions of education, 
each claiming to have followed the more con- 
sistent policy toward the public schools. Such 
are the various resolutions put in the plat- 
forms for campaign uses. They appeal to some 
sentiment or prejudice, but call for no distinct 
party action and involve no peculiar responsi- 
bility. 

Hedging. — Of a different order are the mat- 
ters of public policy that require action and 
in respect to which there are conflicting opin- 
ions. By skillful hedging these topics are 
treated so that no large body of voters will 
be alienated from the fold. Questions of pub- 
lic debt and specie payments, in the years 
immediately following the Civil War, were 
handled with extreme caution, as neither party 
was united on the subjects. Certain portions 
of the public debt were clearly payable in 
coin, other portions in greenbacks; but the 
remainder whose form of payment was un- 
specified caused the difficulty. The Republi- 
cans, being in power, had solved the problem 
in favor of the bondholders and specie pay- 
ments, and justified the policy in their plat- 
form. The Democratic convention of 1868, 
while condemning the act in their platform 
nominated a candidate from the gold-coin 
wing of the party. The question of a return 
to specie payments was equally fraught with 
difficulties, and was met with the same kind 



696 



PLATO, POLITICAL THEORIES OF— PLAYGROUNDS 



of wavering policy. Before resumption was 
completed the battle between the gold and 
silver dollars entered politics. On this issue 
both great parties pursued a plan of hedging 
until the campaign of 1896, in which the 
Republican platform opposed the free coinage 
of silver, and each wing of the Democratic! 
party put forth its own platform and candi- 
dates. In recent years questions growing out 
of the Spanish-American War, island posses- 
sions, the Panama Canal, public lands, and 
trusts, have furnished abundant opportunity 
for platform-makers to exercise ingenuity in 
harmonizing all factional views in a compro- 
mising statement of party principles. 

Third Party Platforms. Minor parties arise 
to champion special issues of which the regu- 
lar parties have taken too little notice, of 
to give voice to new points of view {see Third 
Parties). Their platforms, therefore, al- 
though they follow the general style of party 
phraseology, usually lay special emphasis on 
the particular problems that called them into 
being. As their names indicate they champion 
Prohibition, Union Labor, Equal Rights, etc., 
etc. At times the Prohibitionist Party aspires 
to become one of the leading parties and puts 
forth a complete platform including the chief 
issues of the campaign, but it still lays special 
emphasis upon prohibition. The Progressive 
party which supported Theodore Roosevelt as 
a candidate for the presidency in 1912 grew 
out of a split in the Republican party. 

See Convention, Political; Nominating 
Systems in the United States; Nomination 
of President; Party, Place and Signifi- 
cance; see also parties by name. 

References: E. Stanwood, Hist, of the Presi- 
dency (1898) ; T. H. McKee, National Conven- 
tions and Platforms (4th ed., 1901); T. V. 
Cooper, Am. Politics (1882), Bk. II; J. Bryce, 
Am. Commonwealth (4th ed., 1910), II. 334; 
J. A. Woodburn, Pol. Parties (1903), ch. xii; 
H. J. Ford, Rise and Growth of Am. Politics 
(1908), 350 et seq.; platforms for successive 
presidential campaigns of recent years can be 
found in World Almanac. Jesse Macy. 

PLATO, POLITICAL THEORIES OF. See 

Political Theories, Ancient and Mediaeval. 

PLATT AMENDMENT. The annual appro- 
priation bill for the Army passed March 2, 
1901, contained a proviso offered in fulfill- 
ment of the declaration of April, 1898 (see 
Teller Resolutions) by Senator O. H. Piatt 
of Connecticut to "leave the government and 
control of the island of Cuba to its people," so 
soon as a government was established under 
a constitution defining the future relations 
between the United States and Cuba, sub- 
stantially as follows: (1) Cuba is never to 
enter into any treaty tending to impair her 
independence or to give any foreign power a 
lodgment in the island; (2) the public debt 



697 



shall be limited according to the ordinary 
revenues; (3) consent shall be given for the 
intervention of the United States "for the 
preservation of Cuban independence, the main- 
tenance of a government adequate for the pro- 
tection of life, property, and individual lib- 
erty," and for discharging certain obligations 
imposed by the treaty of Paris, which were to 
be assumed by the government of Cuba ; ( 4 ) all 
acts of the United States during the military 
occupation of Cuba are to be validated, and 
rights acquired thereunder confirmed; (5) 
plans for the sanitation of Cuban cities are 
to be executed, to prevent the recurrence of 
epidemic diseases and protect commerce; (6) 
the Isle of Pines is omitted from the proposed 
constitutional boundaries of Cuba, the title 
thereof being left to adjustment by treaty; 
(7) to enable the United States to maintain 
Cuban independence, lands for naval stations 
are to be sold or leased as agreed upon with 
the President; (8) the foregoing provisions are 
to be embodied in a treaty between Cuba and 
the United States. 

It was officially explained to the Cuban con- 
stitutional convention that "the intervention 
described in the third clause of the Piatt 
amendment is not synonymous with intermed- 
dling or interference in the affairs of the Cuban 
government"; and on June 12, 1901, the above 
provisions were made part of the constitution. 

The American military governor of Cuba 
held control until May 20, 1902, when he 
transferred the island to a newly elected presi- 
dent. In September, 1906, however, circum- 
stances seemed to require a reoccupation of 
Cuba; and an army of pacification, composed 
of about 6,000 soldiers of the United States 
Army, remained on duty in the island until 
January, 1909. In 1912 a similar intervention 
was threatened. 

See Cuba and Cuban Diplomacy; Spain, 
Diplomatic Relations with. 

References: U. S. War Department, Annual 
Reports, 1899-1903, 1904, 108, 109, 187-102, 
251-253, 450-454, 1906, I, 89, 90, 447, 467, 
1908, I, 73, 1909, 55; Cong. Record, 56 Cong., 
2 Sess. (1901), 2954, 3036-3042, 3145-3155, 
3332-3335, 3373-3384, 56 Cong., 2 Sess. (1906), 
32, 849; L. A. Coolidge, An Old Fashioned 
Senate (1910). C. G. Calkins. 

PLAYGROUNDS. The playground move- 
ment, like many other social movements that 
have come under public control, began as a 
private philanthropy. Less than a decade ago 
probably nine-tenths of all the playgrounds 
in this country were so carried on; today, 
half or more are under some city department, 
and the system is destined generally to be, 
recognized as a municipal function. The chief 
playground problem is what to do for boys 
and girls between the ages of 11 and 17. 

The three kinds of playgrounds usually 
found are: athletic fields; intermediate play- 



PLUMED KNIGHT— PLYMOUTH 



grounds; sand gardens. Apart from the New 
England commons, which have for centuries 
served as athletic fields, the first public play- 
ground in this country was the Boston sand 
garden opened in 1885 and now universal. 
Good instances of athletic fields for grown- 
ups are: the sixty acres at Washington Park, 
Chicago (1876) ; the ten acres at Lincoln 
Park in that city; the fifty and sixty acre 
fields in East and West Parks, Philadelphia; 
the forty acres of parade ground in Brooklyn; 
the forty acres of Franklin Park, Boston. 

The number of cities maintaining play- 
grounds has grown from 90 in 1907 to 177 
in 1908, and 336 in 1909. In 1912, 533 cities 
were interested in one type of playground or 
another, 129 cities had playground associations, 
and 47 cities had playground or recreation com- 
missions, of which 7 had both. 

The early public playgrounds were located 
in school yards, mostly of small dimensions, 
maintained for a half-day, during four or five 
weeks of the summer. Today most of the 
municipal playgrounds are maintained for the 
entire year, and the school playgrounds for 
four or five months, in many cases open at 
night. They often include outdoor gymnasia, 
wading pools, swimming pools and field houses. 
Gymnasium directors have been added to con- 
trol and develop the games, sports and athlet- 
ics. Later, managers for the entire field were 
provided, and various assistants, such as musi- 
cians, librarians, kindergartners, swimming 
teachers and story tellers. The latest develop- 
ment is the employment of a social worker, 
paid for twelve months in a year by a park 
commission to cultivate the social nature of 
those who use the playgrounds. 

Great as is the progress already made, no 
town or village has as yet made adequate 
provision. Chicago is probably in the lead 
in the material provision made for play and 
exercises of children of all ages. The distinc- 
tive feature of the Chicago plan adopted is the 
recreation centres provided by referendum vote 
of the people, and open all the year for chil- 
dren and adults. These centres vary in extent 
from two to sixty acres, the average being 
about ten acres; they contain trees, shrubs 
and lawns, and some have lagoons for boating 
a play-field for baseball, football and other 
games, which is flooded in the winter for 
skating; a children's playground with swings, 
teeter boards, slides, giant strides, wading 
pools and sand courts, over which awnings 
may be stretched ; benches are provided for 
mothers who come to watch their children at 
play. There is an outdoor gymnasium for 
women and girls over ten years of age, and 
another for men and boys over ten years of 
age, a fine outdoor swimming pool surrounded 
by electric lights, so that it can be used 
in the evening, and two days each week are 
reserved for women and girls. Sand courts give 
the bathers some of the pleasures of a beach. 



Indoor facilities consist of two gymnasiums, 
one for men and boys and the other for women 
and girls; lockers, shower and plunge baths, 
refectory, reading room, small club rooms and 
assembly halls for the entertainments, dances, 
meetings and social gatherings of the people. 
It costs $30,000 a year to maintain each of 
these recreation centres and the total annual 
expenditure for maintenance of recreation cen- 
tres and playgrounds is $500,000. A social di- 
rector is in charge of each, to insure and pro- 
mote the best use and highest efficiency of the 
centre, and he has a staff of 8 to 15 men and 
women. The Public Library Board supplies 
books and attendants for the reading room. 

See Amusements, Public; Amusements, 
Regulation of; Education, Recent Tenden- 
cies in; Health, Public, Regulation of; 
Parks and Boulevards; School Property; 
Schools, Summer. 

References: Playground Assoc, of America, 
Proceedings (1907-1911) ; Joseph Lee, Con- 
structive and Preventive Philanthropy (1910) ; 
Am. Year Book, 1911, 259, ibid, 1912, 722; 
E. B. Mero, Am. Play Grounds (1908) ; M. L. 
Green, Among School Gardens (1910). 

F. D. Watson. 

PLUMED KNIGHT. A designation applied 
to James G. Blaine (see), first by Colonel 
Robert Ingersoll, in 1876 in a speech at Cin- 
cinnati advocating the nomination of Mr. 
Blaine for the presidency. "Plumed Knight" 
clubs were organized in Blaine's support in 
the campaign of 1884. O. C. H. 

PLUMPING. The system of voting in which 
an elector casts, for a single candidate, as 
many votes as there are vacancies to be filled. 
Such a system of cumulative voting is used 
in the election of state representatives in Illi- 
nois by which representation is practically 
assured to the minority party in each district. 
See Minority Representation; Voting Cumu- 
lative. O. C. H. 

PLURALITY. A term signifying the num- 
ber of votes received by a candidate in excess 
of the votes received by the candidate having 
the next greatest number, in case there are 
more than two candidates, with no one receiv- 
ing a majority of the vote. 0. C. H. 

PLUTOCRACY. A term signifying govern- 
ment by the wealthy class; also applied to a 
class governing in consequence of its wealth. 

O. C. H. 

PLYMOUTH. When the Separatist congre- 
gation at Leyden resolved to effect a removal 
to America, an arrangement was entered into 
with the London Company whereby the pros- 
pective emigrants were authorized to settle 
within the bounds of Virginia and to exercise 
a liberal measure of self-government. The 



698 



PLYMOUTH COMPANY, TERRITORIAL GRANT TO— POLICE COMMISSIONS 



landfall of the Mayflower's company, however, 
proved to be, not the Delaware region to which 
they were bound, but the coast of Cape Cod 
Bay. The grant from the London Company 
was accordingly inoperative. In default of 
other basis of government, the settlers drew 
up and signed on shipboard, November'll (21), 
1620, the instrument commonly known as the 
Mayflower Compact. Acknowledging unreserv- 
edly their allegiance to the king, the, signers 
solemnly joined themselves in a body politic 
and engaged to enact from time to time such 
just and equal laws as should be thought 
"most meet and convenient for the general good 
of the colony." There was no thought of 
adopting a constitution for an independent 
commonwealth, nor even of setting up a gov- 
ernmental system that should be other than 
provisional. It fell out, however, that the 
Mayflower Compact remained the fundamental 
law of the colony until the union of Plymouth 
with Massachusetts Bay in 1691. 

Throughout the upwards of three-quarters 
of a century of its separate existence the 
colony maintained a government of the sim- 
plest order. At the head was the governor, 
elected by the freemen for a term of one year. 
Associated with the governor were the assist- 
ants, chosen annually by the freemen. At 
the beginning there was but one assistant, but 
in 1624 the number was increased to five, and 
in 1633, to seven. It was the duty of the as- 
sistants to share with the governor the bur- 
dens of administration. Originally, the free- 
men comprised all signers of the Mayflower 
Compact, and that meant all adult males of 
the first migration save three or four seamen 
and servants. As population grew there were 
added to the body of freemen such persons as 
were specifically admitted by the freemen them- 
selves. The status of freemen carried with it 
the right to vote. In the early days of the 
colony the voters assembled in a single town- 
meeting. As new towns were established the 
election of officials and the enactment of laws 
in primary assembly grew more difficult, and 
in 1638-39 there was established a representa- 
tive system closely patterned after that al- 
ready existing in Massachusetts Bay. When, 
in December, 1686, Plymouth was ordered to 
yield her independence and to send represent- 
atives to sit in the council of Governor 
Andros at Boston, she promptly complied (see 
New England, British Province). With the 
fall of Andros the colony recovered for a 
time her accustomed autonomy; but when, in 
1691, a new charter was promulgated for 
Massachusetts Bay, Plymouth was definitely 
incorporated with her more powerful northern 
neighbor. 

See Massachusetts. 

References: N. B. Shurtleff, Ed., Records of 
the Colony of New Plymouth (1885-7) ; W. T. 
Davis, Ed., Bradford's Hist, of Plymouth 
Plantation (1908) ; J. Winsor, Narrative and 



Critical Hist, of Am. (1886-89), III, ch. viii; 
E. Arber, Story of the Pilgrim Fathers (1897). 

F. A. Ogg. 

PLYMOUTH COMPANY, TERRITORIAL 
GRANT TO. Under date of April 10 (20), 1606, 
a patent was issued by James I of England 
whereby were created two associations desig- 
nated as the London and Plymouth companies. 
To each was assigned for purposes of settle- 
ment and exploitation a generous portion of 
the American territory then claimed by the 
English under the name of Virginia. The Lon- 
don Company (see) was authorized to plant a 
colony at any "fit and convenient place" be- 
tween the parallels 40° and 41°; the Ply- 
mouth Company, at any place between 38° 
and 45°. The region between 38° and 41° 
might be settled by either company; but 
neither was to make a settlement within 
one hundred miles of a "plantation" es- 
tablished by the other. The prospective 
colonists were extended a guarantee of all 
liberties, franchises, and immunities belong- 
ing to Englishmen anywhere, and there was 
provided a cumbersome system of govern- 
ment comprising a Council for Virginia, resi- 
dent in England, a separate council for each 
company, also resident in England, and, a 
council for each plantation resident in America. 
Each council was to consist of thirteen mem- 
bers, all appointed in the first instance by 
the Crown, though subsequently the choice of 
the plantation councils might be provided for 
otherwise by royal order. In May, 1607, the 
Plymouth Company sent out 120 colonists in 
charge of George Popham, and a settlement 
was established at Fort St. George at the mouth 
of the Kennebec River. A severe winter, 
however, prompted the abandonment of the 
colony, and although the Company retained its 
legal identity until its reorganization in 1620 
under the name of the Council for New Eng- 
land (see), it made no further attempt at 
colonization. See Massachusetts Bay. Refer- 
ence: W. MacDonald, Select Charters (1899) 
7. F. A. O. 

POCKET VETO. See Veto Power. 

POLICE COMMISSIONS AND COMMIS- 
SIONERS. Three of the largest cities of the 
United States, St. Louis, Boston and Balti- 
more, have state control of municipal police. 
In St. Louis this control is in the hands of 
four commissioners appointed by the governor 
of Missouri who, with the mayor eos-officio 
constitute the police commission. In Boston 
there is a single commissioner appointed by 
the governor of Massachusetts. In Baltimore 
the board of police commissioners consists of 
three members chosen by the two houses of the 
Maryland legislature in joint session. Among 
the other cities, large and small, where the 
police is under local control, the two systems 



93 



699 



POLICE, CONTINENTAL— POLICE IN AMERICAN CITIES 



of administration by boards and by single 
commissioners find about equal favor. New 
York, Chicago, Philadelphia and Detroit, for 
example, have placed their police in charge of 
single commissioners appointed by the mayor. 
On the other hand, Cleveland, Denver, San 
Francisco, and several other cities retain the 
board system, the members of the board being 
chosen by the mayor of each city for terms pre- 
scribed by law. The board plan is still largely 
in use among smaller cities where commission- 
ers can be secured to serve without stipend; 
but in the larger cities the single, paid commis- 
sioner arrangement seems steadily to be gain- 
ing ground. See Boaeds, Municipal; City 
and the State ; Mayor and Executive Power 
in Cities; Order, Maintenance of; Police 
in American Cities; Police, Metropolitan. 
References: F. J. Goodnow, Municipal Govern- 
ment (1909), ch. xii; D. B. Eaton, Govern- 
ment of Municipalities (1899), ch. xvi. 

W. B. M. 

POLICE, CONTINENTAL. The police sys- 
tems of various countries in continental Europe 
are more or less directly under state control. 
Where municipal authorities exercise authority 
over the organization and activities of local 
police they do this merely as agents of the 
central government. In the communes (cities, 
towns and villages) of the French Republic 
the local police force is directly under the 
supervision of the mayor who is chosen for a 
four-year term by the council of the commune. 
But the commissaire de police or chief local 
officer is appointed by the central government; 
the sergents de ville are appointed only with 
the prefect's approval; and the gendarmes are 
selected from a list furnished by the minister 
of war. In the smaller communes the gardes 
champetres or rural constables are appointed 
by the mayor. In all cases, however, the may- 
or's authority is strictly supervised by the 
prefect and all regulations as to rates of pay, 
duties, discipline and dismissals are subject to 
the approval of this officer ( see Prefect ) . 

In the three largest cities of France, Paris, 
Lyons and Marseilles, the police are directly 
under the control of prefects. In Paris a spec- 
ial officer called the prefect of police, who is 
directly responsible to the minister of the in- 
terior, has immediate charge of the capital's 
police establishment; in Lyons the regular pre- 



fect of the Rhone is the officer directly in 
charge; in Marseilles the function has been 
given to the prefect .of the department of 
Bouches-du-Rhone. 

In the smaller cities of the German Empire 
the Bur germeister has charge of the local 
police, subject to the strictest sort of super- 
vision by the national authorities. In the 
larger cities a commission appointed by the 
central government is usually in control. 

In other countries of continental Europe, 
Italy, Spain, Portugal, Belgium and Greece, 
the French system of local police control and 
organization has been more or less closely fol- 
lowed ; in Austria the system is much like that 
of the German Empire. In Russia the cen- 
tralization of control is still stronger. 

Distinguishing characteristics of police or- 
ganization and functions in all these countries, 
in addition to strict central supervision, are: 
the rather intimate relations which exist be- 
tween civil police and the military establish- 
ment; the wide range of powers exercised by the 
police; and the customary division of the 
police forces into separate branches for the 
performance of specialized functions. Through- 
out continental Europe it is the custom to re- 
cruit the police from the lists of men who have 
served a term of service in the army and have 
had good records there. Again, it is almost 
everywhere the custom to use police officers in 
the performance of certain duties, such as the 
inspection of buildings, which in England or 
America would be entrusted to ordinary ad- 
ministrative officials. Special divisions of the 
police force are charged with such matters, for 
example, the Bau-Polizei in Germany or the 
police des moeurs in France, the latter having 
the enforcement of laws relating to public 
morals. In point of efficiency and integrity 
both French and German municipal police have 
maintained a high standard, this being due not 
only to the prior military training of officers 
but to the security of tenure enjoyed by all 
connected with the system and to the strict su- 
pervision exercised by the central authorities. 

See Cities, Classification of; Municipal 
Government in Continental Europe. 

Reference: W. B. Munro, Government of 
European Cities ( 1909 ) . 

William Bennett Munro. 

POLICE COURT. See Court, Police. 



POLICE IN AMERICAN CITIES 



Precedents. — When the methods of English 
local administration were transplanted to the 
American colonies during the seventeenth and 
early eighteenth centuries, the work of policing 
the parishes of England was in the hands of 
local justices and constables. The justice of 



the peace, who was the most conspicuous figure 
even in the purely administrative branches of 
local government during the Tudor, Stuart and 
early Hanoverian periods, was a royal ap- 
pointee. In each parish the justice appointed 
a number of constables, usually unpaid save 



700 



POLICE IN AMERICAN CITIES 



for small sums given to them for special duty. 
In the boroughs, that is to say in those parishes 
which had obtained royal charters conveying 
a considerable degree of local independence, the 
police arrangements were not far different. 
Constables here performed the work, aided 
in some places by watchmen who patrolled the 
streets through the night, calling out the hours. 
These constables were usually appointed and 
paid by the watch committee of the borough 
council. 

Colonial Systems. — Arrangements of much 
the same sort marked the beginnings of local 
police administration in the American colonies 
of England. When the first settlements were 
made along the iUlantic seaboard, the duty of 
preserving local order and of enforcing the 
regulations of the town was usually given to 
one or more constables, elected at the annual 
meetings of the townsmen, burghers or free- 
holders. But where a settlement obtained a 
charter from the governor of the colony in 
which it was situated, this charter usually pre- 
scribed the ways in which police functions 
should be administered. The first formal char- 
ter of New York, granted by Governor Thomas 
Dongan in 1686, provided for a sheriff, a 
high constable, a marshal, and several con- 
stables who were particularly enjoined by the 
terms of the charter to "make a presentment 
of all such persons as shall neglect or refuse 
to clean their streets, and of all such as in any 
way break the Holy Sabbath, or commit other 
misdeeds." As the city grew in population, 
more constables were needed and the Mont- 
gomery Charter of 1730 authorized the annual 
appointment of fifteen of these officers who 
were to be assigned to the different wards. In 
all the colonial boroughs and towns the work 
of the constables was supplemented by the 
night-watchmen. Freeholders were supposed 
to take turns at this duty, but they were per- 
mitted, as in England, to hire substitutes. 
Benjamin Franklin headed a movement for 
the reform of the police of Philadelphia. 

Peel's English Police. — These arrangements 
served well enough in the colonies and even 
after the Revolution so long as the towns were 
small; but in England, where the boroughs 
grew rapidly during the early years of the 
nineteenth century, the system of half-paid 
constables and watchmen broke down utterly. 
Despite sporadic attempts to improve the work 
of these officials by better pay and stricter 
rules, there was an astounding annual in- 
crease in crime, especially in London, until 
Parliament finally intervened to recast the 
entire police system of the metropolis. 

After a series of parliamentary investiga- 
tion extending over many years Sir Robert 
Peel brought forward a bill for London, en- 
acted in 1828. This abolished the constables 
and watchmen, replacing them by a body of 
well paid, professional policemen who gave all 
their time to the performance of their police 



functions. Unlike the old constables the new 
policemen were uniformed and drilled — a civil 
militia in fact. The whole force, numbering 
at the outset nearly three thousand men, was 
placed directly under the control of commis- 
sioners appointed by the Crown. This was the 
first attempt, in any country, to establish a 
police system upon strictly professional lines. 

Professional Police in America (1844-1861). 
The new arrangements were, at the outset, very 
unpopular in London. Policemen were, from 
the name of their sponsor, termed "peelers" or 
"bobbies" in derision, and in their work of 
keeping the local peace they encountered many 
difficulties due to the general unpopularity of 
the system. But the results in the decrease of 
crimes soon justified Peel's policy: in due 
course similar arrangements were established 
in the other large cities of England, and be- 
fore long the main features of the system 
found adoption in other countries. 

The first American city to undertake police 
reorganization along the lines laid down by 
Peel's act, was New York where, in spite of 
the increase of the city's population to over 
300,000, the ward constables and the citizens' 
night watch continued to supply the only 
makeshift for a system of public safety. An 
act of the New York legislature passed in May, 
1844, abolished these officers and established 
a professional force of eight hundred men un- 
der a chief appointed by the mayor. For the 
time being, the subordinate officers and the 
patrolmen were appointed for each ward by 
the ward alderman but in 1853 this function 
was tranferred to a board of police commis- 
sioners consisting of the mayor, the recorder 
and the city magistrate. In due course other 
American cities followed the example of New 
York; among them Philadelphia in 1850, Bos- 
ton in 1854 and Baltimore in 1857. By 1860 
nearly every city of any consequence in the 
United States had established a modern police 
system. 

State Control (1887-1913).— Down to the 
middle of the nineteenth century the polic- 
ing of towns and cities in the United 
States had been wholly under the control 
of the municipal authorities. But in 1857, 
owing to a general dissatisfaction with 
the way in which local police affairs were 
managed, the legislature of New York state 
united New York City, Brooklyn and adjacent 
municipalities into a metropolitan police dis- 
trict and placed this area under a state-ap- 
pointed police commission (see Police, Met- 
ropolitan ) . Three years later the legislature 
of Maryland put a state commission in charge 
of the police system of Baltimore; in 1861 
state control of municipal police was provided 
by the Missouri legislature for St. Louis, and 
about the same time the police system of Chi- 
cago was taken in charge by a state commis- 
sion. Similar action was taken in Detroit and 
Cleveland during the years 1865-1866. 



701 



POLICE IN AMERICAN CITIES 



In due time came a reaction against this 
policy of transferring local police control to 
the hands of central authorities. In Cleveland 
and Chicago the new plan of supervision was 
abandoned within a few years; in New York 
the police were handed back to the municipal 
authorities in 1870; but in Detroit the state 
police commission was not dissolved until 
1891. Baltimore and St. Louis, on the other 
hand, retain the system of state control and 
these two cities have been joined by Boston, 
where the state took over the supervision of 
municipal police in 1885 and has kept it in 
hand since that time. Of the six largest Amer- 
ican cities in 1912, therefore, three have mu- 
nicipal police control (New York, Chicago and 
Philadelphia), and three are policed under the 
direct supervision of a state-appointed author- 
ity (St. Louis, Boston and Baltimore). In 
Boston a single commissioner, appointed by 
the governor of Massachusetts, is in charge; 
the other two cities are under police boards 
{see Police Commissions and Commission- 
ers ) . 

Administration. — In American cities which 
have direct authority over their own police, 
and this comprises all but a half-dozen of the 
entire number, the supervision of this branch 
of local administration is exercised either by 
a single commissioner or by a police board of 
from three to five members. Among the larger 
cities some use one plan and some the other; 
New York, Chicago, Philadelphia and Detroit 
have each a single commissioner or director 
of police, while Cleveland, San Francisco and 
Denver have police boards the members of 
which are appointed by the mayor. In the 
smaller cities this plan of supervision by a 
board (usually an unpaid board) is the one 
most frequently followed. 

Commissioners. — When the municipal police 
system is in charge of a single commissioner, 
this official is usually chosen by the mayor, 
but in many cities the mayor's selection is 
subject to confirmation by the city council or 
by the upper chamber of this body if there are 
two branches. In a few cities, notably New 
York, the mayor's choice requires no confirma- 
tion by any other authority. The commissioner 
(or superintendent, or director, as he is some- 
times called) is in most cities appointed for 
a term which varies from two to five years; 
but he may be removed from office by the mayor 
under such restrictions as are contained in the 
city charter. In some cases these provisions 
permit removal only with the concurrence of 
the city council (or the upper chamber of it) ; 
in others they allow the dismissal of the 
police commissioner only after a public hear- 
ing upon definite charges of misconduct or in- 
competence. The salaries paid to the head 
of the municipal police system range from 
about $1000 in the smallest cities to $7500 in 
New York. The director of public safety in 
Philadelphia receives $1 0,000 per annum, but 



he has charge of the fire protection department 
as well as of police. 

Boards. — When the police system is in charge 
of a board, the members of the board are- 
either elected by popular vote (in a few of 
the smaller cities) or appointed by the mayor. 
Police boards consist of three members, as a 
rule, appointed for a term of three, four or 
five years with provision for a partial renewal 
of the board each year. In the larger cities 
these members are paid for their services; in 
the smaller cities it is not customary to give 
any regular remuneration. 

Bipartisan Boards. — Some cities maintain 
bipartisan boards, in other words their chart : 
ers require that the police boards shall be 
so constituted as to afford representation to 
two of the regular political parties. This 
policy has commonly been defended on the 
ground that it affords security against the 
use of the police in connection with elections 
to the prejudice of that political party which is 
not in control. Polling places must be policed 
on election day and the police officer who is 
assigned to each balloting-place may naturally 
become the arbiter of any little dispute that 
arises. If he seeks to act unfairly in the in- 
terest of one political party he can accomplish 
a good deal in that direction. Hence it is often 
thought that bipartisan control serves as a 
guarantee of impartiality. In practice such 
boards commonly agree to divide responsibil- 
ities and to share advantages. The policy has 
proved a fruitful source of friction within the 
board and of political manipulation outside 
of it. Non-partisanship rather than biparti- 
sanship has nowadays come to be recognized 
as the proper principle upon which to organize 
a police board. 

Boards vs. Single Commissioners. — Among 
students of police administration there is dif- 
ference of opinion as to whether the board 
or single commissioner system best serves the 
interests of the average American city. Were 
the functions of the police confined solely to 
the preservation of order and the enforcement 
of the laws, and were the question of expense 
left out of account, there would be little con- 
troversy on this point. The problems of police 
management and discipline require promptness 
of decision, firmness and clear judgment, 
qualities best supplied by a single controlling 
head if he be of proper caliber. But to secure 
a commissioner or director of adequate capacity 
in these respects a good salary must be paid, 
whereas in the smaller cities members of a 
police board can be induced to give their 
services freely, if the work takes only a part of 
their time. Moreover, the work of the police 
often comes into close contact with the inter- 
ests of the political organizations, as for ex- 
ample in the strict or liberal enforcement of the 
licensing laws, or in the listing of voters, or in 
the policing of the polls at elections. It is in 
many quarters regarded as undesirable that a 



702 



POLICE IN AMERICAN CITIES 



single commissioner, appointed by the political 
party which is for the time being in control 
of the city administration, should be invested 
with wide discretionary powers in the handling 
of such matters. These appear to be the only 
reasons for continuing in many cities a system 
of police administration which is not well- 
adapted to the ordinary work which the de- 
partment has to do. 

Chief of Police.— Where the police are under 
the supervision of a board, a professional su- 
perintendent or chief is put in immediate 
charge of the administration, and the same 
practice is sometimes pursued where the single- 
commissioner plan is in vogue. Usually this 
official has been promoted from the lower offi- 
cial ranks, a man who has by long experience 
become familiar with every branch of routine 
police duty. The superintendent or chief is in 
charge of the city's police headquarters and the 
lines of responsibility for work done in all 
the police divisions or precincts of the city 
converge in him. He is paid a stated salary, 
usually enjoys some securities against improper 
removal, and sometimes receives a pension on 
retirement. In the larger cities the superin- 
tendent is usually assisted by one or more 
deputies or inspectors. 

Captains. — For the performance of everyday 
police functions the city is divided into dis- 
tricts, usually called police precincts. The 
number of these depends of course on the size 
of the city, but their exact limits are defined 
by law or by ordinance and each precinct has 
its own station house or local headquarters ( see 
Station Houses ) . In the larger cities each 
precinct is in charge of a captain whose func- 
tions are of two sorts, strictly police duties 
and administrative work. Under the first head 
comes the responsibility of the captain for the 
maintenance of police efficiency in his precinct. 
He is the officer in full command, and directly 
responsible for the proper performance, within 
his particular area, of all the duties laid by 
the regulations upon subordinate officers and 
patrolmen. On the other hand he is the chief 
administrative officer of his own station house, 
responsible for the proper care of the building 
and for the maintenance of discipline in it. 
He supervises the keeping of the precinct rec- 
ords, makes all necessary reports and super- 
vises all the clerical work done in his station 
house. In smaller cities the precincts are often 
placed in charge of a subordinate officer. 

Lieutenants. — In some cities, such as Boston, 
St. Louis, and Baltimore, the next rank is that 
of police lieutenant. This officer has the cap- 
tain's powers and functions whenever the latter 
is off duty. In many other cities there are no 
lieutenants and the captain's place is taken, 
during his absence, by a sergeant. 

Sergeants. — Next in order of rank comes the 
police sergeant who, in smaller cities, often has 
charge of the station house. The post is 
filled by promotion from the ranks and the 



703 



sergeant's duties are both police and clerical. 
He inspects each outgoing platoon of patrol- 
men and is sometimes given the duty of going 
the rounds to see that everything is right on 
the various patrols. On the other hand the 
sergeants take their turn at the desk in the 
station house where the police "blotter" or 
record of arrests and other incidents of the 
day are kept. 

Roundsmen. — Some cities maintain no rank 
between sergeant and patrolmen. But in New 
York, Chicago, St. Louis, Baltimore and some 
other cities there are squads of officers called 
roundsmen who are promoted from the ranks 
and whose duty it is to go about in order to 
see that patrolmen are on their posts, one 
roundsman being assigned to each platoon. In 
Chicago there are about one hundred rounds- 
men in a total force of over twenty-five hun- 
dred men; in Baltimore about one hundred 
and thirty roundsmen in a total establishment 
of less than a thousand. 

Patrolmen. — In the earlier stages of Ameri- 
can police history the patrolmen were appointed 
in each ward on the recommendation of the 
ward aldermen; but this plan soon proved its 
inefficiency and other methods of selection 
were brought into use. At present the choice 
is made in a variety of ways, including inde- 
pendent selection by the police board or com- 
missioner, competitive civil service examina- 
tion, or non-competitive selection by some other 
municipal authority. 

The duties of patrolmen are connected chiefly 
with the enforcement of the laws and ordi- 
nances in that area which is assigned to him 
as his •'beat" or patrol. It is his duty to watch 
for violations of the law, to report them at 
the station house desk and to take such action 
against offenders as may seem appropriate. 

Reservemen. — Below the rank of patrolman 
there is, in some cities, that of reserveman, 
who is really a patrolman serving a period of 
probation. At first he is put on night duty 
with experienced patrolmen and during some 
of the day hours is given instruction in the 
police regulations and in police duties. 

General Powers of Officers. — In the perform- 
ance of such duties, patrolmen and other 
police officers have the right to make arrests, 
in other words to take persons into custody for 
an alleged breach of the laws or to prevent an 
anticipated breach. Such arrests may be made 
either with or without a warrant, but the 
right of a police officer to make an arrest with- 
out a warrant is limited by the rules of com- 
mon law and in many states by statute as well. 
As a rule a police officer can now make an ar- 
rest without a warrant only when a felony 
has been committed; or when he has reason 
to believe that a person has been concerned in 
committing a felony; or when a misdemeanor 
has been committed in the officer's presence. 
In making an arrest, either with or without a 
warrant, a police officer may break open doors 



POLICE IN AMERICAN CITIES 



or windows if lie is refused admittance, after 
having stated his authority and purpose. 
Forcible entries must not, however, be made on 
mere suspicion or for the purpose of securing 
evidence; and searches of houses for stolen 
goods may be made, as a rule, only when a 
police officer has a proper warrant. The use of 
''John Doe" warrants for the arrest of persons 
unknown has been much criticized in New York. 
In making an arrest a police officer is war- 
ranted in using so much force as is necessary to 
secure the custody of the offender, and to pro- 
tect hirnself — but no more. 

Special Powers of Officers. — It is the practice 
in some cities of the United States to 
use police officers in the performance of 
functions which are not strictly police du- 
ties; for example, in the work of sanitary in- 
spection, in the taking of school censuses 
by truant officers, or in the listing of voters. 
In Boston, for instance, the entire work of en- 
rolling voters is performed by the police. 
When police officers are entrusted with such 
functions, they are given special powers by 
law or by the city ordinances. The tendency 
to commit special ^unctions to the police is 
not, however, so strong in America as it has 
been in the countries Of continental Europe 
and the general disposition is not to give uni- 
formed police officers any administrative duty 
which can be just as well undertaken by the 
regular officials of other city departments. 

Cost in American Cities. — The cost of main- 
taining the police service forms a large item 
in the city's annual budget. In Pittsburgh the 
annual cost is about $1.75 per capita; in 
Baltimore it is about $2.25 ; in Chicago about 
$3.00; and in Boston about $3.25 Reckoned in 
terms of cost per square acre of territory cov- 
ered, the cost per annum ranges from $30 in 
Pittsburgh to $70 in Boston. These differences 
arise partly from the greater number of police 
officers in proportion to the population main- 
tained by some cities, and partly from differ- 
ences in pay, equipment and pension arrange- 
ments. Pittsburgh has 15 police officers per 
10,000 of population, while Baltimore has 17, 
Boston, 21, and St. Louis, 23. The minimum 
annual stipend of patrolmen in St. Louis is 
$900, in Baltimore $936, in Chicago $1,100, 
and in Boston $1,200. Similar variations ap- 
pear in the remuneration of both subordinate 
and higher officers and there are great dif- 
ferences in the equipment provided by different 
cities in the way of station houses, patrol 
wagons, electric signal system, uniforms and 
accoutrements. 

Equipment. — As a rule police officers provide 
their own uniforms but the materials and pat- 
tern are approved in advance by the commis- 
sioner or chief. Badges, revolvers and batons 
are supplied by the city at its own expense. 
The city likewise provides all supplies needed in 
the station houses. Among different cities 
there is considerable variation in the annual 



outlay for patrol and ambulance wagons, for 
the proper care of station houses and for the 
maintenance of the signal system. 

Platoon System. — Both the expense and the 
efficiency of the police department depend to' 
some extent upon the hours of service required 
from officers and patrolmen and this again 
depends upon the type of "platoon" system em- 
ployed. Most cities employ the two-platoon 
system under which twenty-five per cent of the 
force is on patrol during the day, fifty per cent 
is on patrol during the night, and the remain- 
ing twenty-five per cent on reserve at all 
times. Under this arrangement patrolmen have 
very little time to themselves after giving the 
necessary hours to both patrol and reserve 
duty. The three-platoon system, which has 
been adopted by a few cities, lessens the daily 
patrol hours by decreasing both the night force 
and the reserve. One third of the force is on 
duty both day and night; one ninth of the 
force is held in reserve. New York City estab- 
lished in 1907 a new arrangement known as the 
five-platoon system. This plan is somewhat 
complicated but it requires no more than six 
consecutive hours of patrol duty from any 
officer; it gives the department a night force 
double that of the day hours; and it permits 
an adequate reserve. On the whole the New 
York authorities have found the five-platoon 
system very satisfactory. 

Difficulties in Administration. — The police 
departments of the larger cities have very 
frequently fallen short of the standards set 
for them by public opinion and the chief rea- 
sons for this may be summarized under four 
heads: (1) inefficient methods of appoint- 
ment and promotion commonly pursued in po- 
lice departments; (2) laxity of official disci- 
pline in certain branches of the service, notably 
in the detective and plain clothes divisions; 
(3) opportunities for blackmail and extortion 
afforded by the police officer's power of enfoic- 
ing the laws relating to saloons, gaming estab- 
lishments and houses of prostitution; (4) lack 
of generosity in most cities in failing to make 
provision for retiring allowances to officers who 
have given the best years of their lives to the 
service. The scandals which were brought to 
light by the Lexow investigation and the Becker 
trial in New York and by similar inquiries in 
other cities can practically all be traced to 
one or other of these features. 

Civil Service Reform. — The first of these four 
sources of difficulty, the inefficient methods of 
appointment and promotion, is the legitimate 
offspring of the spoils system. Where a patrol- 
man owes his appointment to political influence 
or looks to this quarter for advancement, his 
daily work can never be performed with an 
eye single to the even-handed enforcement of 
the law. It is in recognition of this that many 
systems have placed the whole field of police 
appointments and promotions under civil serv- 
l ice regulations ( see Civil Sebvice ) . Where 



704 



POLICE JURY— POLICE, METROPOLITAN 



this has been done the various competitive 
tests, physical, mental and otherwise have 
served in large measure to extirpate the vice 
of political patronage and thereby to allow the 
performance of police functions without fear 
or favor. On the other hand, New York and 
some other cities have- a vicious system of 
suits by dismissed officers who are frequently 
reinstated by the courts, proceeding on the 
ground that a policeman ought not to be dis- 
missed except for offenses and on evidence 
which would justify a conviction by a criminal 
court. 

Detective Problem. — Many perplexing prob- 
lems have been presented by the necessity of 
maintaining, as a division of the police depart- 
ment, a branch or bureau assigned to the 
special work of criminal investigation. The 
members of this division, called inspectors or 
detectives ( see Detectives ) , are detached from 
their regular patrol and station house duties; a 
large part of their time must, from the nature 
of their work, be performed in plain clothes; 
they must be given a wide latitude in determin- 
ing how they may best spend their own hours 
of duty; so that the careful supervision of 
such officers becomes a matter of the utmost 
difficulty. As the deterrents to crime depend 
rather upon certainty of detection than upon 
severity of punishment, the efficiency of a city's 
police administration hinges in considerable 
degree upon this branch of the service. 

Vice Problem. — It is to be remembered, 
again, that the tasks imposed upon the Amer- 
ican police officer and the temptations set be- 
fore him are far greater than those which con- 
front his prototype in European cities. The 
laws relating to the liquor traffic and the 
social evil are more stringent here than abroad; 
and the profits to be derived from violations 
of the law are greater here than there. Police 
officers accordingly have it in their power, 
by a strict or liberal interpretation of their 
duties, virtually to determine the amount of in- 
come an illicit establishment will yield. This 
situation, so long as it continues, is bound to 
make the career of a police officer one that is 
beset from all sides by formidable temptations 
to serve his own pocket by infidelity to duty. 
In the cities of continental Europe this ob- 
stacle to police integrity is minimized by the 
policy of putting the supervision of such things 
in the hands of special officers who do not per- 
form regular patrol or station duties (see 
Police, Continental). 

Need of Better Treatment. — For the quality 
and integrity of service which it expects from 
police officers, moreover, the American city 
rarely pays enough. Men who are required to 
be of unusual physique, far more than average 
intelligence, tactful, courageous and honest in 
the face of great temptations, are taken on the 
police establishments of many cities at less 
than a thousand dollars per year. Their posi- 
tions are not very secure and single lapses 



from the straight path sometimes entail dis- 
missal. When a long and satisfactory term of 
service is ended an officer may receive a retiring 
allowance but it is seldom adequate, and in 
many cities there are no provisions for police 
pensions at all. In New York a police- 
man has a right to retire on a pension amount- 
ing to about half-pay after 20 years of 
active service. The pension expense is consid- 
ered disproportionately heavy. Along with ef- 
ficient methods of appointment, therefore, must 
go better pay, greater securities against unjust 
removals and more liberal superannuation ar- 
rangements if the standards of Europe in po- 
lice administration are to be reached by Ameri- 
can cities. 

See Bipartisan Municipal Boards ; Boards, 
Municipal; City and the State; Coercion 
of Individuals; Commission System of City 
Government; Constabulary, State; Court, 
Police; Municipal Government, Functions 
of; Order, Maintenance of ; Ordinances, Mu- 
nicipal; Riots, Suppression of; and under 
Police. 

References: W. L. M. Lee, Hist, of Police in 
England ( 1901 ) ; L. F. Fuld, Police Adminis- 
tration (1910) ; F. J. Goodnow, Municipal 
Government (1909), ch. xi; C. A. Beard, Amer- 
ican City Government (1910), ch. vi; A. C. 
Train, Prisoner at the Bar (1906) ; A. R. Hat- 
ton, Digest of City Charters (1906), 312-319, 
"Control of Police" in Nat. Municipal League, 
Proceedings, 1909, 157-171; W. M. McAdoo, 
Guarding a Great City (1906) ; Committee ap- 
pointed by the (N. Y.) Senate to investigate 
the Police Department of New York, Report, 
1891, commonly called the "Report of the 
Lewoio Committee" ; New York Bureau of Mu- 
nicipal Research, Report on Business Methods 
of Neic York City's Police Department (1910) ; 
annual reports of police commissioners and 
commissions. William Bennett Munro. 

POLICE JURY. An elective board estab- 
lished in each parish in Louisiana, correspond- 
ing to the boards of supervisors or county com- 
missioners in other states, with power to levy 
taxes, regulate roads, provide poor relief, etc. 
See County Commissioners-, Supervisors. 
Reference: Solomon Wolff, Constitution and 
Revised Laws of Louisiana (1910), II, 1254- 
^255. J. A. F. 

POLICE, METROPOLITAN. The term met- 
ropolitan police first came into' use in America 
when the legislature of New York state, in 
1857, passed an act consolidating New York 
City, Brooklyn and some adjacent territory 
into a single police district and placed the 
control of its police functions in the hands 
of a metropolitan police board the members 
of which were appointed by the governor. This 
idea was borrowed from London where a metro- 
politan police district had been created and 
placed under central supervision by Peel's Act 



705 



POLICE POWER 



of 1828 (see Police in Ameeican Cities) . The 
administration of the police department in the 
American metropolis continued in this form 
until 1870 when the metropolitan police board 
was abolished and the cities in the district 
were once again given direct charge of their 
own police departments. At the present time 
there is no American example of a metropoli- 



tan police system, that is to say, a system ex- 
tending over two or more cities which form 
separate municipal units for all other purposes 
of municipal administration. There are, how- 
ever, some examples of state control over the 
police of single cities. See Police Commis- 
sions and Commissioners; Police in Ameri- 
can Cities. W. B. M. 



POLICE POWER 



The Term. — The federal Supreme Court first 
employed the term to indicate the otherwise 
undefined mass of governmental powers re- 
served to the states (Brown vs. Maryland, 
[1827], 12 Wh. 419-443), and to the present 
day avoids using it with reference to the legis- 
lative power of Congress. More recent constitu- 
tional developments call, however, for a further 
definition of the police power. From the last 
quarter of the nineteenth century on, the 
guaranty of due process of law has been in- 
terpreted as a check upon all governmental 
action affecting liberty and property. All such 
action must be capable of justification upon 
some theory of public interest which is both 
rational and regardful of individual liberty 
and property as rights essential to a free 
state. In view of this requirement the idea 
of the police power asserted itself by way of 
distinction from other governmental powers 
as the power which has for its immediate 
object the furtherance of the public welfare 
through restraint and compulsion exercised 
over private rights. 

It differs from the corporate power of the 
state which uses public funds and property for 
the same purpose ; from the powers of taxation 
(see) and of eminent domain (see) which are 
concerned with supplying such funds and prop- 
erty; from the military power which seeks to 
maintain national integrity against foreign 
aggression or domestic insurrection, and from 
the judicial power (including the power of 
civil and criminal legislation) in which public 
policy is a consideration secondary to the 
main purpose of adjusting, safeguarding and 
enforcing rights. 

In this sense it is proper to speak of a 
police power of the Federal Government. When 
the Supreme Court says that "The power to 
regulate interstate commerce, great and para- 
mount as that power is, can not be exerted 
in violation of any fundamental right secured 
by other provisions of the Constitution" (208 
U. 8. 161, 180), it recognizes that federal, like 
state, legislation must justify itself according 
to the nature of its object and purpose. And 
in an increasing measure Congress is using the 
commerce power to accomplish the same ob- 
jects which the state pursues through the po- 
lice power (legislation for the safety of ship 



ping, employers' liability act, lottery legisla- 
tion, antitrust law, interstate commerce law ) . 

Fundamental Rights. — The scope and limita- 
tions of the police power are controlled by the 
legitimate demands of the public welfare and 
by the fundamental rights of the individual. 
The constitutions do not define the former, but 
contain express guaranties with regard to the 
latter. The most important specific guaran- 
ties affecting the police power are those relat- 
ing to freedom of religion and of speech, press 
and assembly. They amount to a declaration 
that the control of religious and political 
opinion, formerly regarded as the most import- 
ant concerns of the state, are no longer ad- 
missible objects of the exercise of govern- 
mental power. Certain statutes of- New York 
and New Jersey declaring the teaching of the 
more extreme phases of anarchistic doctrine 
unlawful and punishable, would hardly stand 
the test of judicial scrutiny. 

The general guaranty of due process of 
law relates to life, liberty and property. Of 
these the right to life is not apt to raise con- 
stitutional questions under the police power, 
since no extreme of emergency would be held to 
justify the sacrifice of life as a means of safe- 
guarding the public welfare. The difference 
between the police power and justice is here 
strikingly illustrated. The main difficulty 
arises with reference to the use of property 
and civil liberty. The restraint of both is of 
the very essence of the police power. Their 
recognition as constitutional rights can there- 
fore mean only one of two things: that the 
restraint shall be reasonable and that it shall 
serve some legitimate purpose. There have 
been dicta to the effect that legislation cannot 
be controlled by the courts as to its reason- 
ableness. But not merely the practice but the 
acknowledged theory is now otherwise (148 
Mass. 368; 179 U. S. 287), although the 
limits of legislative discretion are much 
wider than those of the municipal ordinance 
power, which even in England is, and for a 
long time has been, subject to judicial control. 

The reasonableness of the exercise of the 
police power relates both to its degree and to 
its incidence. As regards the latter, it means 
that the burden of the law should fall upon 
some property or person bearing a causal or 



706 



POLICE POWER 



otherwise intelligible relation to the conditions 
making the exercise of the power necessary; 
it is this aspect of the problem of reasonable- 
ness which is presented in the new principle 
of workmen's compensation. As regards de- 
gree, the principle of reasonableness means 
that the burden imposed shall not be dispro- 
portionate to the benefit sought to be secured. 
Methods. — (1) Publicity. Measures to secure 
publicity (reports, notices, marks, licenses) 
may be so little restrictive as to leave the 
exercise of the right practically free; on this 
ground a state requirement of the posting of 
railroad rates has been sustained even with 
reference to interstate commerce (Chicago 
& Ry. Co. vs. Fuller, 17 Wall. 560). On 
the other hand the requirement that oleomar- 
garine shall be colored pink has justly been 
held to be equivalent to prohibition ( Collins vs. 
N. H., 171 U. 8. 30). 

(2) Simple and regulative restraint. The 
difference is well illustrated by automobile 
legislation which, instead of fixing a speed lim- 
it, merely forbids driving to the danger of the 
public. It is characteristic of the police power 
that it normally prefers some positive regula- 
tion, involving some conventional standard 
which tends to remove or reduce the danger 
of the abuse of rights on the part of those who 
are unskilful, careless, or unscrupulous. 

(3) Prohibition or destruction. In its ex- 
treme form the police power extends to pro- 
hibition or the physical or economic destruc- 
tion of vested rights of property. The policy 
of prohibition has found its chief application 
in connection with the liquor traffic where it 
is supposed to be justified on the ground of 
public morals; the courts have been divided 
as to its legitimacy as applied to the oleomar- 
garine industry, but on principle absolute pro- 
hibition cannot be regarded as a legitimate 
measure to deal with a useful business simply 
on account of the danger of fraud; and the 
policy of legislation has voluntarily abandoned 
it. The economic destruction of property is 
frequently a consequence of prohibition; it 
may also result from the requirement of ex- 
penditures or the reduction of profits. The 
Supreme Court of the United States has decid- 
ed that the regulation of railroad rates {see 
Peices and Charges) may not extend to the 
point of confiscation, and thereby has given ef- 
fect to the just principle that the protection 
or promotion of a merely economic interest of 
the public cannot justify the entire destruction 
of private economic values (Railroad Com- 
mission Cases, 116 U. 8. 307). 

Legislation may refrain from imposing di- 
rect restraints or duties, yet aim to raise the 
standard of conduct by creating new or more 
stringent rules of civil liability. Employers' 
liability legislation furnishes a conspicuous il- 
lustration in point. This may be assigned 
equally to the police power and to the power 
of civil legislation. 



707 



Primary Public Interests; Safety, Morals, 
and Order. — The interests constituting the pub- 
lic welfare may, for practical purposes, be 
divided into two great classes ; those relating 
to safety, morals and good order, and those 
of an economic character. 

Under the former head should be classed: 
(a) All legislation for the prevention of crime 
and maintenance of peace (disorderly persons, 
vagrancy, riots, security of the peace, care of 
delinquent children and of the criminally in- 
sane). The punishment of crime belongs to 
the domain of justice and the detection of 
crime may be treated as a function auxiliary to 
criminal justice, (b) All legislation for the 
prevention of accidents and of disease (mines, 
railroads, ships, navigation, dikes and levees, 
buildings, machinery, inflammable materials, 
explosives, poisons, destructive animals and 
vermin, noxious weeds and other pests, con- 
tagious diseases and quarantine, burials and 
cemeteries, nuisances, adulterations,, factory 
laws, practice of medicine and other callings 
affecting health and safety), (c) All legisla- 
tion concerning intoxicating liquors, gambling, 
and vice, (d) Regulations for the maintenance 
of order in public places and for the enforce- 
ment of peace and quiet, especially during the 
customary periods of rest (Sunday laws, clos- 
ing hours, etc. ) . 

This field of the police power is on the whole 
clear and undisputed. If it does not concern 
itself with purely self-regarding conduct nor 
with conduct in the privacy of the home, this 
is probably due not so much to constitutional 
immunity from control as to the absence of a 
sufficient public interest, and above all, to the 
impracticability of enforcement. The position 
unguardedly advanced by some courts (98 New 
York 98; 155 III. 98; "26 Colo. 415) that a 
class cannot be restrained where only the 
safety or health of the class itself is in ques- 
tion, must be regarded as untenable. 

There is however considerable controversy 
as to whether the idea of public order can be 
carried to the protection of merely aesthetic 
interest; the relative slightness of such an in- 
terest would hardly support an interference 
with vested rights or any serious impairment 
of legitimate property values. A remarkable 
concession to public opinion is found in the 
judicial recognition of the compulsory separa- 
tion of races in the interest of public peace and 
order. As far as the schools and public con- 
veyances are concerned this is well established, 
while as to the establishment of separate dis- 
tricts of residence the question must be re- 
garded as open. The prohibition of mixed 
marriages rests on considerations of race pur- 
ity which constitutes an interest sui generis; 
no similar restriction would be tolerated in 
the interest of the purity of religious faith or 
even of nationality. 

Economic Interests. — These interests obvi- 
ously do not affect the public welfare as 



POLICE POWER 



urgently as safety, morals and order. With 
regard to many conceivable phases of industrial 
regulation, the legitimacy of the police power 
is seriously disputed. The principal branches 
of legislation falling under this head are the 
following: trade regulations for the prevention 
of fraud; the control of combinations, trusts, 
and corporations ; certain phases of labor legis- 
lation; regulation of the business of railroads, 
banking, insurance, and other classes of busi- 
ness affected with a public interest; and such 
instances as may at present be found of leg- 
islation for the conservation of natural re- 
sources and of sumptuary legislation. Gen- 
erally speaking, compulsory measures against 
improvidence, or compulsory industry and im- 
provement, are no longer regarded as legiti- 
mate methods of the police power to increase 
the wealth of the state. 

Of these, legislation for the prevention of 
fraud, being aimed at practices which must be 
conceded to be wrongful, presents the least 
difficulty regarding the justification of govern- 
mental interference. As to combinations formed 
for the purpose of controlling prices or output 
or otherwise limiting competition (combina- 
tion in restraint of trade ) , the exercise of the 
police power for their more effective inhibition 
(regulation in this field has hardly been at- 
tempted) has passed almost unchallenged. 
The power is exercised both by the states and 
by the nation (see Sherman Anti-Trust Act, 
of 1890) and it is even lodged in cities under 
older charters (engrossing, forestalling, regrat- 
ing). 

Corporations. — Since the common law treats 
corporations {see) as the creatures of the sov- 
ereign power, their control rests upon a title 
of exceptional strength and not in all respects 
bound by the ordinary limitations of the police 
power. Corporations have even been held en- 
titled to the protection of the Fourteenth 
Amendment {see) and the precise extent of 
their subjection to public control is unsettled 
(see Persons). The contention that under the 
doctrine of the Dartmouth College case (see) 
which pronounced the charter to be a contract 
(see Contract, Impairment of) between the 
state and the corporation, the corporation 
should enjoy immunity from the police power 
of the state, has been repudiated by the courts 
(27 Vt. 140) and the doctrine has been neutral- 
ized by general reservations of power to alter, 
amend and repeal charters of corporations to 
be created subsequent to such reservation. 

Qualified Property. — Another exceptional ti- 
tle to public control exists where property is 
the subject of private ownership only in a 
qualified manner, or where it is subject to 
public easements. This applies to riparian 
rights and navigable waters, and in some 
western states, under constitutional provisions, 
to all natural waters. The very stringent leg- 
islation for the protection of game and fish 
rests upon the title of the sovereign to all 



animals ferae naturae. In- some respects the 
doctrine of public rights requires further eluci- 
dation, so with regard to water power. There 
seems to be no foundation for asserting it with 
regard to forests, and if a far-reaching policy 
of conserving natural resources desires to en- 
list the aid of compulsive and restrictive meas- 
ures, the conception of the police power must 
be expanded to bring about a different adjust- 
ment of private rights and public welfare. 

Control of Business. — The power to regulate 
business became a most important issue in the 
Granger legislation of the early seventies. 
In sustaining the power to fix rates the Su- 
preme Court relied upon the idea of a business 
affected with a public interest. The case in 
which the leading opinion was written ( Munn 
vs. Illinois, 94 U. 8. 113) concerned the grain 
elevator business in Chicago," and the court 
relied upon the natural monopoly which that 
business enjoyed in a favored location. The 
power was, however, subsequently recognized 
with reference to grain elevators irrespective 
of any natural monopoly. Since the Supreme 
Court, in sustaining legislative railroad and 
elevator rates, referred by contrast to private 
business which the entire people have no 
power to control, the question as to what kind 
of business may be treated as affected with a 
public interest is one of obvious importance, 
with regard to which, however, the courts leave 
us without any guidance. Undoubtedly it in- 
cludes the business of banking and insurance 
and certain callings which the common law has 
always treated as in a sense public (car- 
riers, inn-keepers, etc.) ; but it is impossible 
to bring all these under one common head and 
no authoritative definition has been attempted. 
If a business is affected with a public interest 
its charges are subject to reasonable regula- 
tion (not to the point of confiscation), it 
may be required to render services without 
discrimination, and the amount and manner of 
service may be regulated in the interest of 
public convenience — an interest which does 
not ordinarily call the police power into ac- 
tion. A great expansion of the police power 
may be expected by further development and 
application of this doctrine (see Granger 
Cases; Quasi-Public Corporations; Public 
Service Corporations; Public Use). 

Labor Legislation. — In so far as labor legis- 
lation is enacted for the protection of safety, 
health or morals, it falls under a well estab- 
lished head of the police power; it is only 
where the object of the legislation is economic 
that a difficulty arises. The problem of labor 
legislation cannot be disposed of by proclaim- 
ing a constitutional freedom of contract (see). 
The term is misleading where the parties do 
not treat on equal terms and therefore it has 
not been allowed to obscure the relation be- 
tween the owner of the business affected with 
a public interest and the public. If our courts 
assert such a right as against labor legislation, 



708 



POLICE POWER 



this can mean only that as a matter of con- 
stitutional principle (not merely as a matter 
of sound economic theory, but as a conse- 
quence of the latter) the terms upon which 
capital shall employ labor must be the result 
of private adjustment and not of public con- 
trol; the state may not throw its power into 
the balance either on one side or the other to 
force terms which it deems fair. This is at 
present the prevailing American view, and no 
court seems to concede the power of the legis- 
lature to dictate at its discretion either hours 
of labor or rates of wages. The courts are 
however sharply divided as to the power to 
control the mode of payment of wages (truck 
laws and weekly payment laws) ; and those 
courts which sustain the power, including the 
Supreme Court of the United States (see 183 
U. 8. 13), proceed upon the theory of the 
inequality of the two parties. On this basis, 
however, the power over wages and hours of 
labor could likewise be logically sustained; 
and the partial concession of the right of in- 
terference indicates an unsettled state of judi- 
cial opinion, corresponding to the general un- 
certainty as to the proper attitude and pro- 
vince of the state in the conflict between capital 
and labor. There can be no doubt that the 
present is a period of transition, and that 
there are tendencies at work which make for 
a recognition of the contract of employment as 



one affected with a public interest, and sub- to protect the public safety or morals. The 



ject to a wide exercise of the police power on 
behalf of the economic elevation of the work- 
ing classes. Such a stage of constitutional 
development has, however, not been reached at 
the present time. 

Children and Women. — The full control of 
the state over child labor is undisputed. The 
status of the adult woman is not equally clear. 
The regulation of hours of labor for women 
has been sustained where a similar regulation 
would not be sustained for men (Muller vs. 
Oregon, 208 U. 8. 412; Locker vs. New York, 
198 U. 8. 45). The Supreme Court seems to 
recognize a stronger power of state control 
over women on general principles (see Labor, 
Woman's). Such a power, exercised on purely 
economic grounds, may be justified upon a 
variety of considerations : the political dis- 
franchisement of women, the greater difficul- 
ties in the way of their efficient cooperation, 
the adventitious nature of their industrial em- 
ployment, their peculiar social function in the 
household and the family, and above all, the 
entire history of the status of the sex. If we 
claim for adult men a constitutional right of 
liberty as the legal expression of the estab- 
lished relation between the state and the in- 
dividual, it should be remembered that in the 
past the doctrine of individualism has not 
been applied to women, and that their emer- 
gence from the status of dependence has been 
coincident with the expansion of community 
control. The assertion of immunity from pub- 



lic power therefore lacks the historic basis 
which exists in the case of men. 

The Police Power and Vested Rights. — The 
prevailing theory of the police power is also 
unsatisfactory with reference to the protection 
of vested rights. It is generally believed that 
there can be no claim of a vested right as 
against the claims of the primary public in- 
terests of safety, and public morals, and that 
as a consequence no compensation is due where 
these rights have to yield to the police power. 
This is correct so far as the power operates 
by mere regulation, and it is for this purpose 
indifferent whether the regulation serves the 
purpose of safety or some economic object. But 
where property is actually destroyed, or regu- 
lation is so burdensome as to amount to de- 
privation, a difference should be made between 
the removal of an actual danger, and the crea- 
tion of conditions simply more favorable to 
health, safety or morals. In the practice of 
legislation, the distinction is generally ob- 
served from a sense of equity, but there is no 
legal doctrine recognizing limitations on this 
basis other than the general rule against un- 
reasonableness. 

An even stronger claim of equity exists in 
favor of rights resting upon public grant. 
Acts in abrogation of licenses or franchises 
have been sustained on the ground that the 
legislature cannot bargain away the power 



rule is best illustrated in the revocation of 
lottery privileges (Stone vs. Mississippi, 101 
U. 8. 814) . It may be conceded that there 
can be under no circumstances a justification 
for perpetual licenses or privileges in matters 
affecting health, safety or morals. But where 
the danger is not imminent and a compromise 
reasonable or necessary, it is difficult to see 
why the state in adopting some restrictive 
policy should be debarred from giving a guar- 
anty against further interference for a limited 
time, especially where expense is incurred or 
other consideration given in return for such 
guaranty. Not only is the breach of public 
faith a detriment which ordinarily more than 
outweighs any gain resulting from an imme- 
diate change of policy, but in many instances 
the object of the police power could be more 
easily accomplished if compromise measures 
could be agreed upon with the assurance that 
they would remain undisturbed for a limited 
time. However, any power to make binding 
arrangements in abrogation of the continuing 
exercise of the police power would have to be 
carefully safeguarded, and in the absence of 
any such safeguards the prevailing doctrine 
absolutely denies such power. 

See Child Labor; Drugs, Public Regula- 
tion of; Freedom of Contract; Gambling; 
Health, Public, Regulation of; Inspection; 
Labor, Hours of; Labor, Relation of the 
State to; Liquor Legislation; Nuisances, 
Abatement of; Order, Maintenance of; Pub- 



709 



POLICE, RURAL— POLITICAL CLUBS 



lic Morals; Vagrancy ; Wages, Regulation 
of. 

References: E. Freund, Police Power (1904) ; 
L. P. McGehee, Due Process of Law (1906) ; 

E. V. Abbot, "The Police Power and the Right 
to Compensation" in Harvard Law Revieio, III 
(1889), 189-205; P. Fuller, "Is there a Fed- 
eral Police Power?" in Columbia Law Review, 
IV (1904), 563-588; W. W. Cook, "What is 
the Police Power?" in ibid, VII (1907), 322- 
336. Ernst Freund. 

POLICE, RURAL. Most civilized countries 
have a system of police organized by and 
directly responsible to the central government. 
In the English colonies in America, the only 
local police officer was the constable {see), 
and that is still the case in most parts of the 
Union, except in the cities. The municipal 
watchmen were commonly old, inactive and not 
uniformed; not till 1859 was there a regular 
force of disciplined police in any city in the 
Union. All cities and many towns now have an 
organized police force; but in the rural dis- 
tricts there is no provision for a body of re- 
sponsible men skilled in detecting crime and 
discovering criminals, and animated from 
above by a directing authority. This is one 
reason for the great number of violent crimes, 
including train robberies and the looting of 
banks, much of which could be prevented by 
a rural police corresponding to the constabu- 
lary of England and Ireland. Only one state, 
Pennsylvania, has such a force {see Constabu- 
lary, State). Members of a rural police 
could be made useful for various governmental 
purposes; they may collect statistics {see Sta- 
tistics, Official Collection of) ; they may 
act as local inspectors of health {see Health, 
Public, Regulation of) ; they may serve as 
fire wards; they may assist in making up lists 
of voters {see Voters, Registration of) ; one 
of the most striking needs of American local 
government is a proper provision of local po- 
lice. See Coercion of Individuals; Con- 
stable; Constabulary, State; Districts, 
Rural Administrative; Justice of the 
Peace; Lynching; Mobs and Mob Rule; Or- 
der, Maintenance of; Posse Comitatus; 
Riots, Suppression of; Sheriff. References: 

F. Fuld, Police Administration (1904) ; F. J. 
Goodnow, City Govt, in the V. 8. (1904). 

A. B. H. 

POLICE STATIONS AND LOCKUPS. Lo- 
cal jails for the temporary detention of pris- 
oners arrested under municipal authority ex- 
ist in most of the cities and villages of the 
United States. They are established and sup- 
ported by the city or village council, and are 
administered by the police authorities or the 
"village marshal." Most of the lockups of 
the United States are public nuisances, unfit 
for the purpose for which they are intended. 
The occupants of such lockups are exposed 



to great danger from fire and disease, and 
many prisoners have been cremated in them. 
A few model police stations exist in some of 
the larger cities. See Penalties for Crime; 
Penitentiaries; Police in American Cities; 
Prison Discipline. References: Am. Year 
Book, 1911, 381-386, and year by year; Z. R. 
Brockway, Fifty Years of Prison Service 
(1912) ; F. H. Wines, Punishment and Refor- 
mation (1910). H. H. H. 

POLICY PLAYING. See Gambling. 

POLITICAL ARITHMETIC. A phrase indi- 
cating the application of statistics to the solu- 
tion of political problems. See Statistics. 

O. C. H. 

POLITICAL BARGAIN. An agreement, usu- 
ally corrupt, between contending political fac- 
tions or individuals by which support is given 
a measure or candidate in return for a like 
favor. See Log Rolling; Machine, Politi- 
cal; Organization. O. C. H. 

POLITICAL CLUBS. The political party 
is by nature a social institution, bringing men 
together and giving them a sense of fellowship 
and of cooperation for common ends. The 
scattered local Democratic Clubs out of which 
grew the party of Jefferson gained strength 
and effectiveness through their organic union 
into a party. The Federalists failed as a party 
largely because they were not thus locally 
organized. Men trained in the school of Jeffer- 
son formed the Whig {see) party and the mass 
of the people were thus gathered, according to 
similar social ideals and principles, into a 
national system of local clubs. The primary 
was a local club; the convention, a meeting of 
delegates from the clubs. The regular polit- 
ical organizations of the earlier day met, to 
a large extent, the social needs of the citizens. 
Through their committees, delegates and con- 
ventions a sense of unity was maintained be- 
tween the larger and smaller political agencies. 
Much of this disappeared with the advent of 
the machine ( see ) and the boss ( see ) . Aim- 
ing at their own personal profit, the few man 1 
agers, bound together by selfish objects, appro- 
priated the social opportunities of the party 
along with its political functions, and wielded 
that powerful weapon with skill and effective- 
ness. The local boss, bent upon his special 
business of controlling the voters, utilized the 
city saloon as a political club for the class 
which it attracted, and brought other social 
forces into line for the same practical purpose. 
Machine methods spread into the rural dis- 
tricts and party organization fell largely into 
the hands of aspirants for office. Mere voters 
ceased to be considered a vital part of the 
political organism; friction and antagonism be- 
tween them and the managers resulted, and 
party disintegration followed. 



710 



POLITICAL ECONOMY 



Republican Clubs. — About 1885, local Repub- 
lican clubs were formed with the object of 
promoting party loyalty and of restoring to the 
party what the machine had withdrawn. 
These clubs, while taking no share in political 
nominations or in the advancement of individu- 
al candidacies, made their special appeaL to 
the young and were intended to serve as a 
school of party politics. Through frequent 
meetings for social and political intercourse, 
by partisan addresses and the distribution of 
partisan literature, strong influences were 
brought to bear for binding the youthful voter 
to the party. Innumerable clubs appeared un- 
der diverse names: Irish Republican clubs; 
Bohemian Republican clubs; Jewish Republi- 
can clubs; traveling men's Republican clubs; 
students' Republican clubs; women's Republi- 
can clubs — clubs for every race, occupation or 
condition. A sense of social unity and com- 
mon political purpose sprang up. Following 
the original lines of party organization these 
clubs were brought together in mass meetings 
addressed by noted speakers and in delegate 
conventions. Republican leagues in city and 
county were gathered into state leagues, and 
finally, in 1898, was held the first meeting of 
the National Republican League. 

Democratic Clubs. — A similar, though less 
complete, system has developed in the Demo- 
cratic party. If the club ideal were realized 
there would be a duplication of party organi- 
zation. The one, through district, county, city 
and state party machinery, would do the actual 
political work of the party and nominate its 
candidates; while the other, through like 
agencies, would seek the more definite, senti- 
mental ends of party loyalty, social and polit- 
ical unity, with the active participation of the 
whole party membership. 

Much earnest effort has been expended and 
for a dozen years or more annual conventions 
of the National Democratic League purporting 
to represent the general party membership 
have been held; but it is nevertheless probable 
that not one voter in a hundred is aware of the 
existence of such an institution. The attempt 
to restore to the party what machine methods 
have destroyed has proved futile. Mature men 
do not enter heartily into cooperation with an 
organization which holds itself aloof from di- 
rect political action. 

Candidates Clubs. — Of much greater impor- 
tance are the clubs that spring up during a 
campaign for a party nomination or election 
in the interest of a particular candidate. 
Bryan clubs, Roosevelt clubs, Wilson or Taft 
clubs appear and disappear as incidents of the 
times. Through these local and temporary 
organizations the party is, in a way, revitalized 
once in four years. Sometimes in certain 
states they take more permanent form. The 
Lincoln-Roosevelt clubs of California main- 
tained for years a state organization and final- 
ly gained control of the state. Similar move- 



ments took place in Wisconsin under the lead- 
ership of Senator La Follette, and in Iowa un- 
der that of Senator Cummins. 

Permanent Clubs. — Still another type of or- 
ganization fills a significant place in the party 
system. In 1863 the Union League, whose aim 
was to strengthen the cause of the Union, was 
organized in New York and extended to all 
the large cities of the North. Though nominal- 
ly the league was not partisan, it was early 
recognized as an aid to the Republican party, 
and to offset its influence the Manhatten Club 
arose in 1864 to give additional support to 
the Democratic party. These are early in- 
stances of permanent party clubs. Such in- 
stitutions are now generally found in the large 
cities. The Hamilton and Marquette clubs of 
Chicago furnish meeting places for Republi- 
cans, and the Iroquois Club fulfills a like 
function for Democrats. Clubs of this type in 
addition to their mission as social centers are 
more or less actuated by the motive of service 
to the party. They entertain distinguished 
members of the party; give dinners in honor 
of party leaders; observe the birthdays of 
Jefferson, Jackson, Lincoln and other party 
saints. They are independent both of the regu- 
lar parties and of each other, and they do not 
often enter actively into the support of special 
candidates or special party divisions. There 
are other organizations which have acquired 
partisan associations because of the policies 
they promote. The American, or Protectionist, 
League is looked upon as an adjunct to the 
Republican party; and the Reform Club, or the 
Free Trade League, holds a like relation to the 
Democratic party. 

Party clubs in America are not so closely 
related to party as are the corresponding in- 
stitutions in England. The Carleton club of 
London is an official Conservative organ, mem- 
bership in which is a guaranty of party ortho- 
doxy. The same is true of the Liberal club of 
the Liberal party. 

See County Democeacy; Tammany. 

References: National Conventions of the Re- 
publican League, Proceedings (1898-1912) ; M. 
Ostrogorski, Democracy and Pol. Parties 
(1902), II, 286, Democracy and Party System 
(1910), 166-170; Jane Addams, Democracy 
and Social Ethics (1902), ch. vii; G. D. 
Luetscher, Early Pol. Machinery in the United 
States (1903), ch. ii; J. Macy, Party Organi- 
zation and Machinery (1912), ch. xix; T. 
Roosevelt, "Machine Politics in New York 
City" in his Am. Ideals (1897). 

Jesse Macy. 

POLITICAL ECONOMY. Political economy 
treats of the wants of men, the activities — in- 
dividual and associated — whereby they are sat- 
isfied, and the relations which consequently 
arise in organized society; commonly under the 
main divisions production, distribution and 
consumption of wealth. See Capital and Cap- 



711 



POLITICAL LIBERTY— POLITICAL POWER 



ITALIZATION; COST; ECONOMIC THEORY EX- 
CHANGE; Labor; Price; Production; Profit; 
Rent; Value; Wages. E. H. V. 

POLITICAL LIBERTY. Political liberty, in 
its broadest sense includes the right to vote, 
hold office, form political associations, criticize 
the government and its policies, subject only 
to the ordinary law of libel. The term is often 
confused with civil liberty (see) from which, 
in fact, it cannot be fully divorced. In spite 
of the intimate connection between political 
and civil liberty it is well to maintain the 
distinction, for one may possess all the rights 
of citizenship, except the right to vote and 
hold office. These rights include freedom of 
the press, the rights to hold property, to sue 
and be sued, to buy and sell and engage in 
all, or nearly all, the ordinary pursuits of 
life. While political liberty usually implies full 
civil liberty, the latter, by no means implies 
the former. It is commonly recognized that 
political liberty is essential to the attainment, 
protection, and enlargement of civil rights. 
Largely on this ground the emancipated slaves 
were enfranchised after the Civil War. Politi- 
cal liberty cannot be treated in the abstract 
apart from the economic condition of those 
who enjoy it. For example, he who is econ- 
omically dependent upon another may find his 
political liberty a name only. See Liberty, 
Legal Significance of. Reference: G. L. 
Scherger, Evolution of Modem Liberty (1904). 

C. A. B. 



POLITICAL 

Organization : 



OFFICERS. See 

Public Officers. 



Officers ; 



POLITICAL PARTIES. See Congress of 
the United States, Political Parties in; 
under Party. 

POLITICAL PHILOSOPHY. The philosoph- 
ical study of things political does not neces- 
sarily make a separate department of knowl- 
edge, but it may. Such study implies, or seeks, 
a comprehensive theory, even a theory of the 
universe. Only comprehensive theory, what- 
ever the immediate subject matter, can be phil- 
osophical. Wherefore, political philosophy has 
been defined as application of philosophical or 
universal ideas or principles to political mat- 
ters. Still such a definition is seriously mis- 
leading, for it neglects the fact that the field 
studied must make its own contribution to 
the ideas. Thus, the true philosophy of any- 
thing cannot be the mere application of phil- 
osophical ideas to it; but rather, the intimate 
study, and of course the expert study, of it 
from a universal standpoint. In treating po- 
litical matters the professional philosophers 
have often only applied their independently 
developed systems. Also, among the unpro- 
fessional there has been a certain kind of 
thinking regarded as philosophical because of 



its bold and glaring generality, if not also be- 
cause of its being visionary and mysterious. 
But here is no reason for changing the defini- 
tion. 

Political philosophy must be distinguished 
from politics, political science and ethics, and 
also must be seen in its relation to history. 
Usually the term politics, although sometimes 
referring to theory, e. g., "The Politics of Aris- 
totle," has stood for the political career, its 
interests, methods, and rules. As responsible, 
then, to universal theory, political philosophy 
would be far from such practical politics. Po- 
litical science, either in the narrow meaning 
of theory of government or in the broader 
meaning implying the study of the whole in- 
stitutional life of society, affords an excellent 
example of the difference between science and 
philosophy. Characteristically, science is spe- 
cial; philosophy is universal. Again, science 
is constrained by method and by field; philoso- 
phy, being universal, is free and speculative. 
One cannot explain the whole except specula- 
tively, although one's speculations must always 
be guided by the discoveries of positive science. 
Between ethics and political philosophy the 
distinction is quite analogous to that between 
psychology and sociology — the subject matter 
for either pair being the individual and the 
social, the vital and the formal or instrumental 
respectively; only, as always, when two things 
are thus paired and in antithesis, the difficulty 
of keeping the two distinct is very great. In 
closest relation, finally, to political studies, 
whether philosophical or scientific, must al- 
ways stand the study of history. In the United 
States, while many thinkers upon political 
affairs may be said to have been philosophical, 
especially during the great wars, this country 
has not yet produced any great political phil- 
osophers. Among the great political phil- 
osophers are Aristotle, Thomas Aquinas, 
Grotius, Locke, Montesquieu, and Hegel. Of 
these up to the present time in the political 
life of the United States the influence of Locke 
has been most noteworthy. 

See Political Science; Social Compact 
Theory; Recognition of New States; and 
under Political Theories. 

References: B. Bosanquet, Philosophical 
Theory of the State (1899), I, II; W. A. Dun- 
ning, Hist, of Pol. Theories (1902), Introduc- 
tion; C. E. Merriam, Am. Pol. Theories 
(1903); W. W. Willoughby, "Value of Pol. 
Philosophy" in Pol. Sci. Quart., XV (1900) 
75-95, "Pol. Philosophy" in S. Atlantic Quar- 
terly, V (1906), 161-175; J. W. Garner, In- 
troduction to Pol. Science (1910), 15. 

Alfred H. Lloyd. 

POLITICAL POWER. This phrase is often 
used by jurists and publicists in contrast with 
judicial powers. In the United States the con- 
duct of foreign affairs is given to the executive 
branch of the national government and in the 



712 



POLITICAL QUESTIONS AND JUDICIAL AUTHORITY— POLITICAL SCIENCE 



exercise of these function it acts in a political 
capacity. The President may recognize a new 
state or a new government, or he may concede, 
or refuse to concede, belligerent rights to 
insurgents against a foreign state or govern- 
ment. His act is final and as a political act 
is not reviewable by the courts. In the case of 
Williams vs. Suffolk Ins. Co., the Supreme 
Court said: 

When the executive branch of the government 
. . . shall . . . assume a fact in regard to 
[the] sovereignty of . any country, it is 

conclusive on the judicial department .... It 
is enough to know that in the exercise of his con- 
stitutional functions he has decided the question. 

The same principle obtains with reference to 
certain acts of the legislative branch, which 
the courts will not review because done in the 
exercise of political powers; e. g., the decision 
by Congress as to what government is the es- 
tablished one in one of the states of the Union 
is not reviewable by the courts (Luther vs. 
Borden, 7 How. 1). 

See Executive and Judiciary; Judicial 
Power; Judiciary and Congress; Luther vs. 
Borden. 

References: J. B. Moore, Digest of Int. Law 
(1906), I, 243-248; 743-5; G. G. Wilson, Ins. 
Law (1900), 26-31; Williams vs. Suffolk Ins. 
Co. ( 13 Peters 415 ) ; Luther vs. Borden, 7 
How. 1. J. S. R. 

POLITICAL QUESTIONS AND JUDICIAL 
AUTHORITY. The courts will not seek to 
interfere with the political branches of the 
government in the determination of so-called 



political questions. Naturally the courts will 
not seek to pass upon the mere advisability ol 
legislation or upon the wisdom of executive 
action within the scope of constitutional au- 
thority. Beyond judicial influence are such 
matters as the determination of the extent and 
limits of the United States. "A question like 
this, respecting the boundaries of nations, is," 
said Justice Marshall in the case of Foster vs. 
Neilson (2 Peters 253). . . . "more a po- 
litical than a legal question, and in its dis- 
cussion, the courts of every country must re- 
spect the pronounced will of the legislature." 
Of a similar character are questions concern- 
ing the existence of war, the neutrality of the 
nation, the validity of the ratification of a trea- 
ty by a foreign power, the recognition of am- 
bassadors or other diplomatic representatives, 
the admission of a state into the Union. The 
court will accept the decision of the political 
branches of government as to which of two 
opposing parties or powers in a state is the 
legal state government (see Luther vs. Bor- 
den ) . The question whether the basis of ap- 
portionment of representatives in a state legis- 
lature conforms to constitutional requirement 
is a matter for judicial decision. 

See Courts and Unconstitutional Legis- 
lation; Executive and Judiciary. 

References: S. E. Baldwin, Am. Judiciary 
(1905), 34-41; T. M. Cooley, Principles of 
Constitutional Lata (3d ed., 1898), 157; Luther 
vs. Borden, 7 How. 1; Foster vs. Neilson, 2 
Pet. 253; The La Ninfa, 75 Fed. Rep. 513; W. 
W. Willoughby, Constitutional Law of the U. 
8. (1910), ch. li. A. C. McL. 



POLITICAL SCIENCE 



Definition. — Political science treats of the 
state and of government, usually the national 
state, and government by representatives. Any 
careful consideration discloses the fact that in 
modern times the conception has changed, not 
only of the state but also of science. Only in 
very exceptional cases do we find today a city 
state like that which Aristotle had primarily 
in mind in the days of Athenian greatness. 
Most modern states include wide reaches of 
territory with many cities and with popula- 
tions so large and scattered that a pure de- 
mocracy of the ancient Athenian type would 
be for physical reasons an impossibility. Rep- 
resentative government becomes a necessity. 

Until late in the last century the scientist 
gave his attention primarily, whatever his 
field of research, to the classification of his in- 
formation largely by external forms, as the 
botanist and zoologist busied themselves pri- 
marily with the identification of genus and 
species. Today, however, the student of living- 
nature, under the influence of the doctrines 



of evolution, studies rather the principles of 
origin and growth ; he has become an embryolo- 
gist, an histologist. The student of politics 
also is turning his attention to the principles 
underlying changes in form and we read of 
social psychology and the growth of constitu- 
tions. 

The field of political science is the origin, 
nature, form, and activities of the state. It 
includes a consideration of the sovereignty or 
the ultimate power and authority of the state, 
of the government in its various forms, and 
of the functions and activities of the govern- 
ment and its modes of action. 

Premises and Material. — Inasmuch as the 
state is made up of human beings, as its work 
is performed by them and upon them, the 
premises upon which the political scientist 
must rest in drawing his conclusions differ 
materially from those of most of the natural 
sciences. The astronomer, the physicist, the 
chemist are dealing with physical matter, phys- 
ical energy, the laws of external nature. The 



713 



POLITICAL SCIENCE 



premises of the political scientist are entirely 
different. He deals first and primarily with 
men and with men in action in the state. 

States progress, societies change under the 
influence of laws. Individuals as citizens are 
profoundly affected by the acts of government 
and they, in turn, bring influences to bear upon 
the government. All new political ideas, all 
political plans, find their origin in the creative 
mind of some individual citizen, and every act 
of government is determined by some human 
motives. The most important premises, then, 
for the reasoning of the political scientist are 
the leading human motives as they come into 
play to determine the acts of the rulers or of 
the citizens. Human inertia, mental and 
moral, human self-interest, hero worship, 
patriotism, religion, love of humanity — all 
these motives and many more, statesmen count 
upon in carrying out their plans and upon a 
knowledge of these motives rests the success of 
statesmen. 

Inasmuch as the actions of men, following 
their various motives, are largely determined 
by the circumstances in which they live, by ex- 
ternal nature — climate, the fauna of a country, 
its flora, its topography — these, also in their 
workings upon men, become premises for the 
reasoning of the political scientist. And as 
not only external nature and the individual, 
hut also social and political institutions with- 
in the state and other political societies out- 
side, exert their influences upon citizens and 
rulers, these institutions also become premises 
upon which the political scientist must base 
his reasoning. 

Methods: Introspection. — From the consid- 
eration of the premises, it is evident that the 
methods of study in political science must dif- 
fer from those of the physical sciences. We 
can often judge the motives, and in conse- 
quence the probable actions of others, best by 
mere introspection, by thinking what we should 
do in similar circumstances, then assuming 
that others will probably do likewise. Any 
such method, however, is necessarily inaccurate 
compared with the exact tests possible in phys- 
ics or chemistry. When, however, this method 
of reasoning is applied to large groups of in- 
dividuals, political parties, or nations, the 
test is likely to be fairly accurate, provided 
also that a number of persons have frankly 
joined in making the test, each giving his own 
judgment. 

Comparative Studies. — Frequently, also, by 
the use of statistics, we may test the acts 
under different circumstances of large num- 
bers of people, reasoning from their acts to 
their motives which have been influenced by 
specific external circumstances. For example, 
the influence of the weather, of the seasons of 
the year, of a depression in trade, and similar 
phenomena upon individuals may be shown by 
the statistics of suicides, of crimes of various 
sorts, the votes in elections, and other statistics 



which admit of similar comparisons. This 
method of studying human motives and actions 
is often accurate enough when large numbers 
of people are considered to justify prediction 
within reasonable limits. 

A study of the laws of different countries 
under different circumstances, or a study of 
the history of our own and foreign countries, 
may also fairly justify conclusions regarding 
the probable effects of laws if passed in our 
own country. If the study of history and of 
comparative politics is sufficiently extended, 
we often may reach valuable conclusions. 

Experiment. — Inasmuch as we are dealing 
with human beings and with fellow citizens 
who also have a voice in determining the ac- 
tions of the state, it is not possible to make 
experiments in the study of political science 
with the same degree of definiteness and com- 
pleteness as may the student of physical 
science. The observation of laws in different 
countries, or in different localities in one coun- 
try or at different times, and the study of 
statistics as before indicated, may in part take 
the place of experiments. Sometimes it is 
practicable even to make some direct experi- 
ments, especially under a federal government 
such as that of the United States. Laws may 
be passed applicable to certain localities, or to 
certain lines of industry, and from the effects 
of these laws some general conclusions may be 
reached. For example, from the paying of a 
bounty upon the production of beet sugar, 
which from the nature of the case would be 
applied only here and there in different locali- 
ties, we might reach some general, not final, 
conclusions regarding the effect of a bounty 
system. Likewise tests may be made of the 
effects of punishments of various kinds upon 
criminals. Inasmuch, however, as the condi- 
tions cannot be so positively fixed as in the 
experiments in physics and chemistry, and in- 
asmuch also as one of the important elements 
entering into political experiments is variable 
human nature, our conclusions cannot be drawn 
with the same degree of definiteness as is pos- 
sible in those sciences. 

Relation to Other Sciences; Psychology.— In- 
asmuch as the political scientist is dealing 
primarily with human motives and human ac- 
tions, it is evident that psychology, as the 
science dealing primarily with the human 
mind, will furnish him much material. Indeed, 
as the science of psychology develops and as 
the psychologist learns to explain with greater 
accuracy the movements of the human mind, 
the political scientist may rely upon psycholog- 
ical principles with greater certainty for his 
conclusions regarding the acts of men in the 
special field of politics. Not only the political 
scientist who is seeking to determine the scien- 
tific laws by which states are governed, but 
even more perhaps the practical statesman in 
his activities in the fields of legislation, ad- 
ministration, and judicial decisions, will make 



714 



POLITICAL SCIENCE 



practical use of the investigations of the 
psychologist. 

Biology and Physiology. — The nature of the 
state, or the welfare of any individual state, 
is largely dependent upon the number of its 
inhabitants and upon their physical condition. 
In order that vital statistics may be accurate-, 
ly interpreted, or that the probable effect of 
war, or climate, or certain laws, may be wisely 
judged, material needs to be drawn from the 
study of biology, physiology and the allied 
sciences. Likewise, statesmen, in the applica- 
tion of political principles in actual legislation 
and administration, may well learn from these 
sciences how they may strengthen the state by 
taking measures to increase the length of life 
of the inhabitants, by insuring a larger birth 
rate, or by promoting the efficiency of the 
working inhabitants through improving the 
health of the community. These sciences, then, 
that deal directly or indirectly with human 
life from the physical view-point furnish ma- 
terial for reasoning in political science. 

Statistics, History, Comparative Politics. — 
As has already been intimated, in the studies 
of statistics, history and comparative politics 
will be found much material upon which the 
political scientist may base conclusions. In 
practically all of these sciences his reasoning 
must be merely reasoning by analogy; but even 
so, the conclusions in many cases may be posi- 
tive enough to justify general statements on 
the part of the scientific student of political 
science and action on the part of the states- 
man. 

Economics. — Materia] welfare, wealth, the 
principles of the production, distribution, and 
consumption of wealth, are also important 
factors in determining the welfare or progress 
of the state. It is perhaps scarcely too much 
to say that the majority of the problems of 
the statesman bear directly upon, or are in- 
fluenced directly by, the economic welfare of 
the citizens. In consequence, in economics also 
the political scientist will find much material. 

Anthropology and Sociology. — The sciences 
of anthropology and sociology, dealing with the 
development of human society and with all 
human society conceived as a unit, likewise 
furnish material to the political scientist. 
These two sciences deal with human society in 
general; political science with simply one type 
of society, or with simply one phase of society, 
that which has to do with governing. Their 
more general principles are often applicable in 
the narrower field of political science. 

Ethics and Religion. — These two disciplines, 
ethics and religion, must also be of great im- 
portance to the political scientist. The states- 
man has frequently found the church his most 
potent instrument in influencing the political 
actions of the citizens. Invariably he must 
make and execute his laws so as not to go 
counter to the sense of right and wrong of the 
great body of citizens, as shown in the field of 
94 



morals and religion. The political scientist, 
therefore, in his study of the principles by 
which citizens are to be governed, must be 
thoroughly conversant with the principles of 
morals and of religion as understood and ap- 
plied by the citizens of the state; otherwise 
his conclusions are likely to be wide of the 
mark. 

It will be seen from the relation of political 
science to the few sciences named, and to geog- 
raphy, geology, botany, zoology, and others, 
that the same facts which belong to many of 
these other sciences belong also in the field of 
political science. The political scientist, how- 
ever, makes a different use of the facts from 
that made by the scientists in the other fields. 
He uses the facts and the laws of the other 
sciences to enable him to draw conclusions re- 
garding the ways in which citizens are and 
may be governed, and that use is the only one, 
strictly speaking, in which he is interested as 
a political scientist. 

Laws of Political Science. — From the nature 
of the premises which the political scientist 
must use in his reasoning it becomes at once 
evident that he cannot draw conclusions and 
| formulate principles or laws that can be ex- 
pressed in the same definite terms as the so- 
called laws of physics or chemistry. Neither 
can he predict future acts of the state or 
the effect of certain acts of government with 
the accuracy with which the astronomer fore- 
tells an eclipse, or the physicist the effect of 
the application of the power of steam in an 
engine, or the chemist the effect of the addi- 
tion of a chemical element to other elements. 
The laws of political science must be stated in 
general terms. They show tendencies in the 
state. In judging the effect of any act of 
| government, the political scientist may indi- 
cate with practical certainty some but not all 
of the results. Inasmuch as he cannot con- 
trol all the acts of the citizens, or all of the 
influences that may be brought to bear upon 
the citizens, he can never predict with abso- 
lute certainty any future political event. As, 
however, he becomes more and more familiar 
with the other sciences that deal more or less 
directly with human action in different fields, 
as he becomes more experienced in dealing with 
citizens, and as he becomes more familiar 
through his study of history, economics and 
statistics with the acts of citizens in different 
states and at different times, he can with 
greater certainty tell the probable results, so 
that relying upon his principles the statesman 
may well venture to take positive action, feel- 
ing assured that by so doing the welfare of the 
state will be promoted. His conclusions are 
definite enough, so that we may well speak 
of political science as a true science upon 
whose principles reliance may be placed. 

The political scientist properly studies, not 
merely what the state is and what the state 
does, but inasmuch as the state through its 
15 



POLITICAL THEORIES, ANCIENT AND MEDIEVAL 



activities promotes in many ways the welfare 
of its citizens, he may also consider what the 
state should do in order best to promote the 
welfare of its own citizens or the welfare of 
humanity. No state exists to itself alone. 
Therefore the political scientist must not only 
consider existing states in their sovereign con- 
trol over their citizens, in their independence 
of one another, and in their international deal- 
ings, but it is also well within his province to 
look forward to see if he may discover prin- 
ciples in accordance with which the various 
states may so improve their relations with 
one another as to obviate the evils of war, 
and eventually, perhaps through a single world 
state, to secure in the future continued pro- 
gress and betterment of the welfare of hu- 
manity. Certain it is, if the statesman is to 
do his work best for the promotion of the 
welfare of the citizens of his own state as 
well as for that of humanity at large, he must 
have clearly conceived ideals of what the state 
may hope to attain. It is not the least im- 
portant business of the political scientist to 
formulate such ideals and the principles by 
which they may be realized. 



See Political Economy ; Political Philoso- 
phy; and under Political Theories. 

References: C. Lewis, Methods of Obser- 
vation and Reasoning in Politics (1852), I, 
chs. ii-vi; F. Pollock, Hist of the Science of 
Politics (1897), ch. i; L. S. Eowe, "Problems 
of Pol. Sci." in Am. Academy of Pol. and Social 
Sci., Annals, X ( 1897 ) , 165-186 ; J. P. Seeley, 
Intro, to. Pol, Sci. (1896), Lect. 1; H. Sidg- 
wick, Elements of Politics (2d ed., 1896), ch. 
i; M. Smith, "The Domain of Pol. Sci." in 
Pol. Sci. Quart., I (1886), 1-9; J. W. Jenks, 
Principles of Politics (1909) ; E. Jenks, Hist, 
of Politics (1906) ; P. Janet, Histoire de la 
Science Politique (3d ed., 1887) ; J. W. Bur- 
gess, "Relation of Pol. Sci. to Hist." in Am. 
Hist. Assoc, Annual Report, I (1896), 203; J. 
W. Garner, Intro, to Pol. Sci. (1910), ch. i; 
S. Amos, Science of Politics (1883), chs. i, ii; 
H. J. Ford, "The Scope of Pol. Sci." in Am. 
Pol. Sci. Assoc, Proceedings, II (1905), 198- 
206; J. C. Bluntschli, The Theory of the State 
(1901), chs. i-iii; W. W. Willoughby, The 
Nature of the State (1903); T. Funck-Bren- 
tano, La Politique ( 1892 ) , chs. i-iv. 

Jekemiah W. Jenks. 



POLITICAL THEORIES, ANCIENT AND MEDI/EVAL 



Importance. — American interest in political 
theories of ancient and mediaeval times lies 
in the fact that the political theories advanced 
by the Americans at the times of the Declara- 
tion of Independence and of the Revolution had 
their origin among the ancients and were com- 
monly advanced by mediaeval writers. 

Plato. — The first speculation as to the na- 
ture of the state that we have is to be found 
in the Dialogues of Plato, particularly those 
entitled Protagoras and the Republic. In both 
of these Plato represents the Sophists as 
saying that the state had its origin in a 
mutual compact among men to abstain from 
doing wrong to each other and tnat out of 
this grew our laws. In the Republic, however, 
Plato gets away from an examination of the 
state as it is and indulges in a fanciful picture 
of a state as it ought to be — an ideal com- 
munistic commonwealth run by the philo- 
sophers. In the Laws, written at a latter 
date, he is far more practical, but even in this 
Dialogue he shows that he is an idealizing 
moralist rather than a publicist. 

Aristotle. — His pupil, Aristotle, had a much 
more anaytical bent. He studied carefully 
the constitutions of nearly two hundred Greek 
states and with such a fund of information 
he wrote his Politics. Though in this w^ork 
he constantly shows his debt to Plato, Aris- 
totle is in the main severely practical and 
devotes his energies to a scientific examination 
of the nature of the state. Its origin he finds 



in the natural impulse of man to associate 
with his fellow man, and its growth, in the 
household, the village and the union of villages. 
In its beginning it was for satisfying the 
physical needs of man and in the height of 
its development it was to enable him to enjoy 
the complete life. Ultimate power rests in 
the whole people who, for the ordinary purposes 
of government, elect magistrates to do the 
work. He carefully analyzes the causes for 
the overthrow of states by revolutions, but 
he formulates no principle that the governed 
have a right to overthrow governments when 
subversive of the ends for which they were es- 
tablished. A common cause for revolutions 
he finds in the desire for equality, and he 
maintains that peace reigns where equality 
exists, but he preaches no abstract doctrine of 
political equality. 

In his treatise on Rhetoric he vaguely 
touches on something somewhat akin to the 
"natural law" of later times when he says: 
"Natural justice is law because it is right; 
conventional justice is right because it is law." 
It remained for Zeno and the Stoics shortly 
after Aristotle's time to elaborate the doctrine 
of the equality of men and to declare that law 
and justice sprang from man's reason and not 
from convention or compact. On the other 
hand their opponents, the Epicureans, charac- 
terized the state as an organization of men to 
insure safety, resting upon a convention or 
compact of individuals. 



716 



POLITICAL THEORIES, ANCIENT AND MEDIEVAL 



Cicero. — Cicero in his Republic is much 
shocked by this utility notion of the origin of 
the state held by the Epicureans and in this 
work and in his book on the Laws he eloquently 
describes justice and natural law as the foun- 
dation for the origin of the state. He lays 
down the natural equality of human nature 
and declares that from the eternal natural law 
come the natural rights of man. Laws made 
by a people or a prince should not be contrary 
to natural law. The state itself springs from 
the natural association of the family and is 
best when it affords every citizen some share 
in its control. 

Seneca. — It remained for Seneca in his Let- 
ters t^o picture for us that idyllic state of 
nature which became so common in the theories 
of the eighteenth century. In nature man was 
in a state of innocence, he lived with his fel- 
lows in peace and happiness, owning property 
in common and having no coercive government. 
Man became corrupt and the institutions of 
society, private property and coercive govern- 
ment were set up as remedies for his vice. 

Roman Lawyers. — The Roman lawyers such 
as Ulpian, Florentinus and Gaius took up these 
notions and in their legal treatises declared 
that by nature all men are free and all men 
are equal. Taught by natural reason and 
pressed by the needs of life they set up certain 
other rules or civil laws for the government of 
themselves. The people are the one ultimate 
source of all political authority. The declara- 
tion of Ulpian that the will of the prince was 
law was modified by the added statement that 
it was so because the people had conferred his 
authority upon him. The theories of the 
Roman lawyers as to natural law and a state 
of nature, the relation of civil law to natural 
reason, and the ultimate source of authority 
in a state being in the people, exercised the 
greatest influence on subsequent political 
theory. This was not so much because their 
contributions were original as it was that 
their treatises formed the text books for the 
study of law during the Middle Ages. 

The Church. — Another foundation for me- 
diaeval political theory was the New Testa- 
ment. Such political theory as is to be found 
in it shows a striking similarity to the theories 
of the Stoics, Cicero and the Roman jurists. 
It does not mean necessarily that the Jews 
borrowed from them but rather only gave ex- 
pression to theories which had spread widely 
over the Mediterranean world. Both St. Peter 
and St. Paul, in some noteworthy passages, 
preach absolute submission to the civil au- 
thority because the ruler is God's servant. On 
such foundations as these the early church 
fathers built their theories. The most im- 
portant of the fathers, St. Augustine, accepted 
generally the doctrines laid down in Cicero's 
Republic. To them he added the theory that 
there was a general pact of human society to 
obey kings, and thus he put into a sweeping 



generalization an idea that had been hinted at 
by his predecessors. He further stated that 
if a ruler makes a law contrary to God, hence 
to divine and natural law, he is not to be 
obeyed. 

Middle Ages. — The political theorists of the 
Middle Ages took the theories of the Roman 
jurists and the church fathers, combined them 
with such democratic ideals of government as 
had been brought in by the Germanic races, 
and, by elaborating and expanding them, were 
responsible for the production of the political 
theories of the seventeenth and eighteenth 
centuries. In the conflicts between the em- 
perors and the popes, the church writers in 
particular enlarged upon the theories that 
governments are instituted by compact; that 
their powers rest on the consent of the gov- 
erned; and that the people have the right to 
overthrow them. In opposition to them the 
supporters of the emperors advanced the 
theories of the divine right of kings, passive 
obedience and non-resistence. John of Salis- 
bury in his non-controversial work, the Poly- 
craticus, advocated the doctrine of tyrannicide. 
The direct influence of Greek writers on the 
theorists of the Middle Ages is not to be found 
until the thirteenth century when Aristotle be- 
gan to be studied. St. Thomas Aquinas fol- 
lowed his teachings with regard to the origin 
of the state, though he retained the doctrines 
of the Roman lawyers and the church fathers 
with respect to natural law and natural rights. 

Marsiglio. — The most Aristotelian writer of 
the Middle Ages, however, both in method and 
in doctrine, was Marsiglio of Padua. He may 
be said to have abandoned the somewhat fanci- 
ful state-of-nature theories so common before 
his time and, with Aristotle as a basis and the 
conditions in the Italian cities and the Em- 
pire to draw from, to have worked out in his 
Defensor Paris a theory of the state which 
stands unique in the Middle Ages. Through- 
out he intended to found his theories on his- 
torical precedents and on conditions prevalent 
in his own time. He started with no compact 
theory of the origin of the state, and with 
no theory of natural rights, but without them 
he developed the doctrines of the sovereignty 
of the people, the responsibility of the prince 
for his acts, the right of the majority to rule, 
a system of representation, the theory of toler- 
ation, and the absolute subordination of the 
church to the state. Other theorists of the 
same period, like William of Ockham for ex- 
ample, began with the "state of nature" theo- 
ries of the origin of the state and came to the 
same conclusions as Marsiglio regarding the 
power of the people in the state. They could 
not, however, go to the extremes that the 
former did in declaring that the church was 
merely a part of the state. They were church- 
men, even though for a time they had turned 
to the service of the emperor, and as church- 
men they advanced theories which had been 



717 



POLITICAL THEORIES OF AMERICAN PUBLICISTS, EARLY 



used earlier by the church to show that the 
temporal ruler was a mere creature of his 
people. Consistency was not one of the quali- 
ties of the mediaeval theorist. 

After Marsiglio's time the "back to Aris- 
totle" movement became so strong for a while 
that under the leadership of such men as 
iEneas Sylvius it seemed as if the scorn for 
things mediaeval would wholly destroy the in- 
fluence of the distinctive political theories of 
the Middle Ages. During the Conciliar Move- 
ment, the Protestant revolt and the wars of 
religion, however, they and their authors were 
appealed to with renewed enthusiasm and 
through this means they became the foundation 
for the works of Hooker and his successors. 

Nicolas of Cusa. — Nicolas of Cusa during the 
time of the Councils combined the mediaeval 
theories into a complete system and adapted it 
to the spirit of the new age. "Since all men 
are by nature free, then government rests on 
the consent of the governed." The people or 
their representatives make the laws and the 
ruler receives his power and authority by their 
consent. Thus he proceeds deriving one doc- 
trine from another as he goes along. Though 
his influence was slight, it was the fate of 
the theories which he put together to live on 
into the modern age. In the wars of religion 
in France they were put to use particularly 
by those who wished to attack the royal au- 
thority. The modern age of systematic politi- 
cal theory may be said to have begun with 
Hooker who, as a churchman, was undoubtedly 
familiar with the theories so largely advo- 
cated by the ecclesiastics of the Middle Ages. 

Machiavelli. — Standing at the close of the 



Middle Ages and at the opening of modern 
times is Machiavelli. His Prince was a study 
in the practical politics of his time, and there- 
fore does not properly belong to the realm of 
political theory. The object of his book was 
to tell a ruler how to run his government. 
By way of introduction he does go into the 
question of the various kinds of governments, 
following Aristotle pretty closely, but he does 
not speculate as to their origin, as to the 
nature of the sovereign power and like ques- 
tions. Such matter was foreign to his pur- 
pose. He accepted the absolutist state of his 
day as an accomplished fact and did not con- 
cern himself as to how or why states came 
into existence. In spite of its purely practical 
character, however, the Prince is usually treat- 
ed in works on political theory, probably be- 
cause of the wide reading which it has had 
and because of the rather low standard of 
conduct in politics which it set up for rulers. 

See Political Philosophy; Political 
Science. 

References: W. A. Dunning, A Hist, of Pol. 
Theories, Ancient and Mediaeval (1902) ; O. F. 
Gierke, Das deutsche Genossenschaftsrecht 
(1868-1881), Pol. Theories of the Middle Ages, 
translation of Vol. Ill, § 2, 502-644, with an 
introduction by F. W. Maitland (1900) ; Paul 
Janet, Histoire de la Science Politique (3d ed., 
1887 ) ; W. W. Willoughby, Pol. Theories of 
the Ancient World (1903) ; R. W. and A. J. 
Carlyle, Hist, of Mediaeval Political Theory 
in the West (1903-1909), passim; H. Rehni, 
Geschichte der Staatrechtswissenschaft (1896) ; 
J. N. Figgis, Theory of the Divine Right of 
Kings (1896). James Sullivan. 



POLITICAL THEORIES OF AMERICAN PUBLICISTS, EARLY 



Original Theories. — American political and 
constitutional practice has been responsible 
for the introduction and elaboration of novel 
and fundamental principles of government and 
jurisprudence. The list of original thinkers 
in the field of political philosophy in this 
country is, however, not a long one. During 
the earlier colonial period political speculation 
was, in the main, but a reflection and applica- 
tion to local conditions of the* constitutional 
and theological political theories that had been 
developed in England. During revolutionary 
times the constitutional relations of the 
colonies to the mother country, and the ethical 
and legal basis of revolutionary resistance to 
oppression furnished the chief topics of politi- 
cal discussion. But here, too, a sufficient sup- 
ply of arguments was found in the writings of 
English philosophers and especially of John 
Locke. In the so-called critical period from 
1781 to 1789 the task of founding an efficient 
central power absorbed the political energies 



of all vigorous minds but the problem was 
sought to be solved rather upon the basis of 
what was desirable and practically obtainable, 
than by a recourse to abstract political theo- 
ries. Despite this lack of pronounced original- 
ity of doctrine there were, however, a number 
of American political writers who deserve par- 
ticular mention by reason of the vigor and 
courage with which they stated their views, 
and the actual influence upon events which 
they exercised. 

Colonial Period. — In the earlier colonial pe- 
riod political philosophy and literature was 
practically confined to New England and 
especially to Massachusetts. The influence of 
Puritanism upon the development of democratic 
ideas is shown in the writings of such men as 
Roger Williams, John Wise and Thomas 
Hooker. 

Revolutionary Period. — During the revolu- 
tionary period the writers whose names stand 
out most prominently are Otis, Hopkins, Du- 



718 



POLITICAL THEORIES OF AMERICAN PUBLICISTS, EARLY 



laney, Dickinson, Samuel Adams, Wilson, Ham- 
ilton, Boucher, Paine, and Jefferson. James 
Otis (see), by his oration in 1761 in the su- 
perior court of Massachusetts against the 
validity of writs of assistance, "breathed into 
this nation," says John Adams, "the breath 
of life," and from this time he became a leader . 
of the public opinion which was, before long, 
to call for an open resistance to those demands 
of England which were conceived to be tyran- 
nous. The doctrine declared was that acts of 
Parliament contrary to right and justice and 
to the inherited privileges of Englishmen are 
unconstitutional and void and need not be 
obeyed. In his Vindication of the House of 
Representatives, published in 1762, and his 
Rights of the British Colonies Asserted and 
Proved (1764) Otis stated and defined still 
more fully the views of the aroused colonists. 
Stephen Hopkins (see), Governor of Rhode 
Island, in 1764 in his Rights of the Colonies 
Examined, while admitting the power of Par- 
liament to regulate the trade of the British 
empire as a whole, denied its right to levy 
special taxes upon the American colonies. The 
pamphlet was republished in nearly every 
colony, and profoundly influenced the constitu- 
tional arguments advanced by the Americans. 
Daniel Dulaney, a prominent Maryland lawyer, 
in a pamphlet published in 1765 and entitled 
Considerations on the Propriety of Imposing 
Taxes on the British Colonies, etc., attacked 
especially the British doctrine that the Ameri- 
can colonies were "virtually represented" in 
the English Parliament. But, during the 
period from 1767 to 1775, the most influential 
writer was, beyond all doubt, John Dickinson 
(see) who represented Pennsylvania in the 
Stamp Act and Continental Congress. Not 
only was he the author of the celebrated Let- 
ters from a Farmer in Pennsylvania, but, by 
drafting the Declaration of Rights and the Pe- 
tition to the King for the Stamp Act Congress, 
and, in 1775, The Declaration by the Repre- 
sentatives of the United Colonies of North 
America, obtained for himself the title of 
"Penman of the American Revolution." He 
later prepared the first draft of the Articles 
of Confederation. 

The most voluminous writer of his time was 
Samuel Adams (see), but as Tyler points out, 
in his Literary History of the Revolution (II, 
2) every theory which he wrote was for some 
immediate practical purpose, and not for the 
elaboration of any general principles of politi- 
cal rights and action. Possibly the most re- 
markable of the productions of his pen was the 
Declaration of the Right of t-he Colonists, 
adopted in 1772 by the citizens of Boston. 
This declaration was divided into three parts 
dealing respectively with the national rights 
of the colonists as men, their rights as Chris- 
tians, and their rights as subjects. Adams's 
early published Appeal to the World (1769) 
also deserves mention. 



James Wilson (see) was a commanding 
figure in the Convention of 1787 standing, as 
he did, for a strong central government which 
should operate directly upon individuals rather 
than upon the states, and one democratically 
founded upon the consent of the people, and 
supported by their approval. His only con- 
tribution to the literature of the early revolu- 
tionary period was, however, the pamphlet en- 
titled Considerations on the Nature and Ex- 
tent of the Legislative Authority of the British 
Parliament, in which the central argument was 
that the American colonies were bound to the 
empire only through their allegiance to the 
British Crown, and were, therefore, not sub- 
ject to the control of the Parliament. Alexan- 
der Hamilton (see) also has a place among 
the early American publicists by reason of 
his Full Vindication of the Measure of the 
Congress from the Calumnies of their Enemies 
(1774), his The Farmer Refuted (1775) being 
an answer to a series of letters that had ap- 
peared over the signature "A Westchester 
Farmer," and his Remarks on the Quebec Bill 
(1775) and his essays published under the 
noms de plume "Publius" and "Continentalist." 

As a representative of the Loyalists the 
clergyman Jonathan Bucher deserves chief 
mention. Thirteen of his sermons preached in 
America between 1763 and 1775 were later pub- 
lished (1797) under the title Views of the 
Causes and Consequences of the American Rev- 
olution. The traditional doctrine of divine 
right, of obedience, and of the union of church 
and state here found vigorous restatement. 

Upon the purely Revolutionary side the most 
influential writer of the time was Thomas 
Paine (see). In his Common Sense published 
in 1776 he preached the doctrine of democracy 
and open resistance to Great Britain, in 
phrases which appealed directly to the people, 
and the effect was undoubtedly great. "It 
bursted from the press," a contemporary de- 
clared, "with an effect which has rarely been 
produced by types and paper in any age or 
country." During the progress of the war, 
Paine published in installments The Crisis, 
encouraging, exhorting and counselling the 
patriots in their struggle for freedom. Paine's 
The Rights of Man, published in 1791, as an 
answer to Burke's Reflections on the French 
Revolution, belongs rather to the history of 
English than to American political literature. 

The writings of Jefferson (see) which belong 
to the Revolutionary Period include his Sum- 
mary Views of the Rights of British America, 
his Proposed Instructions to Virginia Dele- 
gates, adopted by the Virginia Legislature in 
1775; and, of course, the Declaration of Inde- 
pendence (see). This last production has been 
criticised for its lack of originality, and for 
the inaccuracy of some of the statements, but, 
judged by its purpose, and by the success with 
which that purpose was achieved, it must ever 
rank among the greatest of state papers. 



719 



POLITICAL THEORIES OF AMERICAN PUBLICISTS, RECENT 



Critical Period. — Concerning the political 
writers of the "critical period" from 1781 to 
1789, and of the early years under the Consti- 
tution, little more than the mention of their 
names is possible. The doctrines of the more 
important of these publicists — Jefferson, Mad- 
ison, Hamilton, Wilson, Jay, and others — re- 
ceive treatment elsewhere in this work. 

Mention must be made, however, of the col- 
lection of papers known as The Federalist 
{see). These essays, for the most part by 
Hamilton and Madison — a few being by John 
Jay — prepared as an argument for the adop- 
tion of the Constitution of 1787, constitute not 
only an invaluable contemporaneous interpre- 
tation of that instrument, but, by the argu- 
ments which are advanced in proof of the neces- 
sity for a stronger central government, and 
the wisdom of the proposed plan for securing 
this end, furnish one of the ablest practical 
treatises upon constitutional government that 
has ever been written. A word, too, should be 
said regarding the writings of John Adams. 
Adams' Dissertation on Canon and Federal 
Law (1765) and his Thoughts on Government 
(1776), as well as his Report on the Constitu- 
tion and Form of Government for the Common- 
wealth of Massachusetts (1779), belong to the 
antenational period; but his Defense of the 
Constitutions of Government of the United 
States of America (1787-88), and his Dis- 
courses on Davila (1790), belong to the con- 
stitutional period. The former of these works 
is a defense of the constitutions adopted by 
the American states against the strictures of 
Turgot — a defense which eulogizes their system 
of checks and balances. Adams's writings of 
this period are strongly in support of an 
aristocratic policy, and furnished abundant ma- 
terial for criticism from his enemies. 

Early . Constitutional Period.— In 1803 St. 
George Tucker in the first volume of his edi- 
tion of Blackstone's Commentaries discussed 
generally, the nature of the new Union, and 



ably defined the state rights {see) and com- 
pact theories {see Social Compact Theory). 
In 1804 was published James Wilson's law lec- 
tures delivered at the College of Philadelphia. 
Here we have a serious attempt to develop a 
philosophical, legal and political system. The 
collected writings of Wilson were published in 
two volumes in 1906. 

Other early commentaries on the Constitu- 
tion were the various writings of John Tay- 
lor {see) of Caroline county, Virginia, 
Thomas Sargeant's Constitutional Law, Thom- 
as Cooper's On The Constitution, and Rawle's 
{see) Vieiu of the Constitution. Of a lit- 
tle later period were Kent's (see) Commen- 
taries, the speeches and papers of Webster 
(see) and Calhoun (see) and Story's (see) 
Commentaries. Of these writings, those of 
Calhoun stand out prominent in the field 
of pure political theory. Granting his 
premises, his conclusions logically follow. He 
it was who by his exposition of the indivisibil- 
ity and inalienability of sovereignty, and by 
his clear cut distinction between a sovereign 
federal state (see) and a confederacy (see), 
in which the individual compacting states re- 
main severally sovereign (see State Sover- 
eignty ) , forced the abandonment by the na- 
tionalistic school of the doctrine that, granting 
the original sovereignty of the states, and that 
the Federal Constitution was a product of an 
agreement between them, or of their respective 
peoples, it could still be held that they had for- 
ever alienated their sovereignty to the National 
Government. 

See Revolution, American, Causes of; 
State Sovereignty. 

References: C. E. Merriam, Hist, of Am. 
Pol. Theory ( 1903 ) ; M. C. Tyler, Literary Hist, 
of Am. Revolation (1897) ; W. W. Willoughby, 
Am. Constitutional System (1904) ; W. A. 
Dunning, "Am. Polit. Philosophy" in his Essays 
in Civil War and Reconstruction (1898), 353- 
365. W. W. Willoughby. 



POLITICAL THEORIES OF AMERICAN PUBLICISTS, RECENT 



Introduction — The limitations of a treatise 
which deals with men still living and with 
work not yet proved by time are patent. Some 
few writers there are, indeed, whom we may 
with confidence place high on the list of 
recent American publicists and whose work 
we may fairly attempt to estimate. More- 
over, in this attempt, it is possible to survey 
roughly the main channels of our latter day 
political thought. Few generalizations of 
value, however, are practicable. Every month 
a new growth of publicists — real, quasi and 
pseudo — appears among us, too numerous to 
permit adequate mention of their work. They 
can only be catalogued and that superficially, 



The restraints of space here forbid an exhaust- 
ive list even of books of merit. The thorough 
student must always scan the current bibliog- 
raphies, such as those of the American Polit- 
ical Science Review. And even they must be 
supplemented by library catalogues and pub- 
lishers' lists. This article is but a summary 
introduction to a subject too broad and near 
at hand for complete appreciation. 

Historians of Political Theory.— Political 
theory has both an historic and a systematic 
side and our estimate of American publicists 
may well begin with <the historians. Our 
chroniclers are few in number but of excellent 
quality. William A. Dunning and Charles E. 



720 



POLITICAL THEORIES OF AMERICAN PUBLICISTS, RECENT 



Merriam need not shun comparison with their 
most noteworthy European contemporaries. 
The former's History of Political Theories, 
Ancient and Mediaeval ( 1902 ) , and History 
of Political Theories from Luther to Montes- 
quieu ( 1905 ) , are indispensable. In a concise 
but thoroughly intelligible form they afford an 
historical summary of the political theories 
of the western world to the middle of the 
eighteenth century. Dr. Merriam, in addition 
to a History of the Theory of Sovereignty 
since Rousseau (1900), has written a History 
of American Political Theories ( 1903 ) which 
deserves a high place beside Dunning. The book 
is accurate, and, as far as it goes, discriminat- 
ing. The limits of Merriam's field accentuate, 
however, a difficulty one perceives slightly 
even in Dunning. Political theory is not 
merely an academic pastime; it permeates 
economics and sociology, even in their applied 
forms. Furthermore, it ceaselessly influences 
and becomes law, especially in America. When 
Merriam's book appeared his omission to make 
clear this intimate connection between theo- 
retical and practical politics was at once 
noted. Even though the wider field may not 
be covered, the student should be warned that 
American political theory embraces not only 
doctrines embalmed in publications under that 
title, but, as well, living principles of our po- 
litical existence expressed in constitutions, stat- 
utes and judicial opinions and even in the 
utterance and in the conduct of our unofficial 
political leaders. 

Indeed, the most noteworthy theories of 
American publicists have been the very ones 
which now are commonplaces of our practical 
politics and constitutional law. True it is, 
Americans did not originate the doctrine of 
separation of powers, which obtains — though 
far less than many publicists suppose — in 
our government. Nor did we first conceive 
the principle of a law of superior obligation, a 
constitution, binding the legislative as well 
as the executive and judiciary and dependent 
for its authority directly upon the electorate. 
These ideas were born in the minds of old 
world theorists. But that our publicists have 
elaborated them and put them into practice, 
makes our chief claim thus far upon the 
attention of students of politics. 

Theorists. — Yet our recent publicists, in the 
narrower, speculative sense of the term, have 
not been idle. Their activity and achieve- 
ments, however, have been somewhat con- 
cealed from general notice by the character 
of the work done. No peculiar and startling 
doctrine has been enunciated. Old theories 
have been elaborated, applied, distinguished. 
New problems not confined to America have 
been considered. And the results are no less 
worthy of attention because the lure of special 
novelty does not appear. 

First in point of time among recent Ameri- 
can publicists in Francis Lieber. His Manual 



of Political Ethics was published in 1838, but 
he was active throughout the war period and 
lived till 1872. Lieber led the defection of 
American theorists from the idea, commonly 
termed "Jeffersonian," that the least govern- 
ment is the best. His views, indeed, are 
fairly typical of the modern tendency toward 
paternalism, a tendency at times openly and 
generally advocated, but more often evidenced 
by a disposition to deal with specific cases 
on their own merits, without any individual- 
istic prepossession whatever. Lieber boldly 
maintained the legitimate objects of the state 
to include all those things of importance to 
man which he cannot, should not or will not 
obtain by himself. Thus, if an individual 
cannot himself secure needed medical attention 
the state is bound to provide it. Although he 
is able and willing privately to redress wrongs, 
out of regard to the community the state 
must insist upon acting for him. Individuals, 
as such, might conceivably maintain roads and 
establish common schools, but they can and 
do avoid the task and therefore the state 
should assume it. 

These views of Lieber's have been followed 
and amplified by his successors. Thus W. W. 
Willoughby, writing on The t Nature of the 
State (1896), concludes that state functions 
embrace not only essentials, that is, the pro- 
tection of the state against foreign interfer- 
ence, the preservation of national life and the 
maintenance of internal order; but also non- 
essentials, that is, the moral and economic in- 
terests of the people. Some of these latter, 
like the conduct of gas and electric plants 
which might be left to private initiative, he 
terms socialistic. Others, like the mainte- 
nance of a public school system are non-social- 
istic. If not conducted by some state agency, 
they would not be attended to at all. 

J. W. Burgess, whose book on Political 
Science and Comparative Constitutional Law 
(2d ed., 1902) placed him twenty years ago 
among our foremost publicists, is even more 
sweeping in his conclusions. The ultimate end 
of the state, he says, is "the perfection of 
humanity, the civilization of the world; the 
perfect development of the human reason and 
its attainment to universal command over 
individualism; the apotheosis of man." 

This change of attitude toward state func- 
tions necessitates an overhauling of notions 
relative to the origin and sanction of the state 
and of government. Burgess, in his accept- 
ance of the so-called "historical theory" on 
this point is fairly typical of the modern atti- 
tude. It includes, he says, everything of 
value in all the other theories. It admits 
"that the Creator of man implanted the sub- 
stance of the state in the nature of man," 
and that, in this sense, the state may be 
regarded as founded by God. It recognizes the 
place of the social compact, too, but that 
place "is far forward in the evolution of the 



721 



POLITICAL THEORIES OF AMERICAN PUBLICISTS, RECENT 



state." The state first made objective in insti- 
tutions and laws is the product of history. 
Substantially these same views are expressed 
in Woodrow Wilson's excellent work, The State 
( 1889 ) . In fact, since Woolsey's Political 
Science appeared in 1877, American publi- 
cists have usually accepted the substance, at 
least, of the historical theory. 

With the jettison of the social compact, 
(see) much of the the old doctrine of natural 
rights has gone by the board. These so-called 
"rights" are not now regarded as absolute nor 
as rights at all, except in a moral and rational 
sense. In most of our general works these 
questions are discussed at length. In addition, 
we have a number of historical treatises deal- 
ing particularly with them, such as G. L. 
Scherger's Evolution of Modem Liberty 
(1904). 

Our publicists have fairly outstripped their 
European fellows in one important field of 
political theory. Lieber, Burgess, Wilson, Wil- 
loughby and others, all clearly distinguish 
government from society or the state. The 
government is the organization or instrument 
wherewith the state or society, the persons 
organized, effectuate their will. This distinc- 
tion bears strongly on our conception of sov- 
ereignty, the ultimate power in the state. 
Forms of government no longer confuse us. 
A society may be democratic and yet express 
its will through an oligarchic or a monarchic 
government. Moreover, the distinction has its 
practical side. When "more democracy" is 
recommended we ask whether it means the 
direct participation of more individuals in 
public executive, legislative and judicial func- 
tions or the organization of the state on a 
wider basis, as by the adoption of woman 
suffrage, or merely an increased responsibility 
of existing government officials to society as 
at present organized. Whether a "progressive" 
measure is really democratic depends upon 
the answer to this question. The initiative 
and referendum, the direct primary and the 
recall, are calculated to alleviate quite dif- 
ferent ills. 

Textbooks. — Of general American textbooks 
on political science there is a goodly num- 
ber. The comprehensive treatises of Woolsey 
and Burgess have already been noticed. Even 
wider in its scope is An Introduction to Politi- 
cal Science (1910) by J. W. Garner. Gar- 
ner's studies have hitherto been largely in the 
department of history but this book fairly 
earns him a place in the political science 
fold. It is a noteworthy one because of the 
wealth of authority amassed. Where the 
field covered is so broad, there can be no 
pretense to exhaustive treatment. Opinions 
differ as to the value of such general, intro- 
ductory works. They are at least a chart for 
hurrying navigators of light draft, and, as 
such have their use. R. G. Gettell has pub- 
lished a well arranged and useful small volume 



Introduction to Political Science (1910). The 
Principles of Politics (1909), by J. W. Jenks, 
deals more particularly with American prob- 
lems and is, therefore, hardly to be classed 
among general textbooks. 

Local Government.— We have next to con- 
sider those of our modern publicists who have 
interested themselves especially in local ques- 
tions. F. J. Goodnow is best known as a 
student of general administrative law and has 
published on this subject two considerable 
works; Politics and Administration (1900), 
and Comparative Administrative Law (1903). 
Even these volumes, however, seem to have 
been written with American problems constant- 
ly in mind and this attitude has now been 
emphasized in Social Reform and the Consti- 
tution (1911). Goodnow attacks boldly our 
time honored doctrine of separation of powers. 
He declares the traditional tripartite division 
unworkable. The logical and actual division 
of powers he holds to be bipartite. The essen- 
tial functions of the state are, first political, 
and second administrative. The political func- 
tions, exercised mainly through constitutional 
conventions, legislatures, political parties and 
the judiciary, are the expression of the will 
of the state. They embrace constitution mak- 
ing, legislation, the selection and control of 
government officials. The administrative func- 
tions, on the other hand, are the execution of 
the will of the state, that is, the administra- 
tion of justice and administration, commonly 
so-called, by the judiciary and the executive 
officers. 

Like most students of administrative law, 
Goodnow favors strong central control over 
local officials. In this view he is ably sup- 
ported by J. A. Fairlie, who instituted a series 
of publications on local municipal and national 
administration with his Centralization of Ad- 
ministration in New York State (1898). 
Fairlie regards centralization in administra- 
tion as but a phase of the modern tendency 
toward division of labor and production on a 
large scale. 

Municipal Government.— Any consideration 
of the relations between central and local ad- 
ministration suggests the skeleton in our 
political closet, municipal government. That 
we do not shudder at the rattle of the bones 
as we once did is due in no small part to the 
number of able and disinterested men who 
have thought and written upon our municipal 
difficulties. Only a fragmentary list is needed 
to indicate how much of the time and effort of 
our publicists has been devoted to this problem. 
To choose at random, we have F. J. Goodnow's 
City Government in the United States (1904), 
and Municipal Government (1909) ; Fairlie's 
Municipal Administration (1901), and Essays 
in Municipal Administration (1908) ; The Gov- 
ernment of European Cities (1909), The Gov- 
ernment of American Cities (1912), and va- 
rious lesser studies of our own peculiar in- 



722 



POLITICAL THEORIES OF AMERICAN PUBLICISTS, RECENT 



stitutions, such as The Galveston Plan of City 
Government (1907) by W. B. Munro; Munic- 
ipal Government in Great Britain (1894) and 
Municipal Government in Continental Europe 
( 1895 ) by Albert Shaw ; The American City 
(1903), The Government of Great American 
Cities (1908), and Municipal Franchises 
(1910) by D. F. Wilcox; American Municipal 
Progress ( 1902 ) and A Decade of Civic Devel- 
opment (1905) by Charles Zueblin. 

Socialism. — Any discussion of city govern- 
ment leads naturally to the study of socialism, 
or, as some prefer to call it, communism. It 
is characteristic of our publicists to think of 
socialism in terms of actual, paternal legis- 
lation. Such legislation, of course, need not 
be, and is not, restricted to cities, but in the 
consideration of municipal affairs there is 
ample opportunity for prosocialist partisans. 
Such an one is F. C. Howe whose The City, the 
Hope of Democracy (1905), and The British 
City — The Beginnings of Democracy (1907) 
have been widely read. Of the advocates of 
communism, who stray beyond the municipal 
field, Morris Hillquit of New York, with his 
History of Socialism in the United States 
(1903) and Socialism in Theory and Practice 
(1909), deserves mention. For more impar- 
tial and quite as helpful discussion of a subject 
which is enlisting much of the best thought 
of our time, the student may consult, among 
others, the works of R. F. Ely, J. R. Com- 
mons, H. C. Adams and Simon N. Patten. 

Miscellaneous Works. — Like every other ad- 
vanced community, we have developed out of 
our own political conditions a body of litera- 
ture somewhat difficult to classify, but worthy 
of notice and much of it worthy of careful 
study. Of this nature are Woodrow Wilson's 
Congressional Government (1885), A. L. Low- 
ell's Essays on Government (1889), Arthur T. 
Hadley's Standards of Public Morality (1907), 
and David S. Jordan's Imperial Democracy 
(1899). The list might well include the works 
of President Eliot, the late John Fiske, E. L. 
Godkin, Gamaliel Bradford, F. H. Giddings, 
Jesse Macy, P. S. Reinsch, J. A. Woodburn, 
A. C. Coolidge, J. Q. Dealey, H. J. Ford, Ber- 
nard Moses, James Schouler, F. A. Cleveland, 
Herbert Croly and many others. Americans 
have always been frank to discuss their own 
excellences and their own shortcomings. The 
habit sometimes makes them disagreeable and 
occasionally ridiculous. But it helps power- 
fully to foster that interest in affairs without 
which political dry rot is certain. 

Sociology and Economy. — Economists and 
sociologists also are concerning themselves 
more and more with questions of political 
theory. The interest of the economist in the 
functions of government is obvious, an inter- 
est bound to increase with the greater govern- 
mental control of commerce and industry. As 
the state is but one, although the most im- 
portant, form of social organization, the sociol- 



ogists are even more involved in politics. 
Thus, F. H. Giddings in his Principles of So- 
ciology (1896) even undertakes to define such 
a political term as natural rights. These ho 
holds to be "socially necessary norms of right 
enforced by natural selection in the sphere 
of social relations." J. R. Commons, too, has 
developed a sociological view of sovereignty, 
based on an historical study of social institu- 
tions. L. F. Ward in his Dynamic Sociology 
(1883), goes at length into the social func- 
tions of government as does also E. A. Ross in 
his work on Social Control ( 1901 ) . 

Jurisprudence and Law. — Of even greater im- 
portance as political theorists are our students 
of jurisprudence and constitutional law. 
They exemplify strikingly in their effort to 
relate theories of the state and of govern- 
ment to the law of the land, the practical bent 
of American publicists. Historic and general 
treatises we have, such as John C. Gray's 
Nature and Sources of the Law (1909), H. P. 
Judson's Essentials of a Written Constitution 
(3903). We have, too, authors who combine 
the historic and systematic treatment, like D. 
K. Watson in his Constitution of the United 
States (1910). But our most characteristic 
product in this field is the systematic study 
of our own existing constitutional law. Such 
are: The Police Power (1904) by Ernst 
Freund; Emlin McClain's Constitutional Law 
of the United States (1905) ; The Laic of the 
Constitutions, State and Federal (1907) and 
Federal and State Constitutions (1909) by 
F. J. Stimson. In addition W. W. Willoughby 
has published (1910) an excellent two volume 
work, The Constitutional Law of the United 
States, valuable both to the practicing lawyer 
and to the student of American politics. 

No name could more fittingly close this 
sketch than that of the late Thomas Mclntyre 
Cooley (see). He was an eminent business 
man, teacher, compiler of statutes, lawyer, ed- 
itor and judge. Yet he found time to publish 
a series of original contributions to the study 
of our government and laws, for which he will 
be long, perhaps longest, remembered. His 
Treatise on Constitutional Limitations (1808), 
and Principles of Constitutional Law (1880), 
are known to all students of our government. 
Thus far we have produced no Hobbes or Rous- 
seau but men like Cooley almost make the de- 
ficiency good. He illustrates well the strongest 
quality of American publicists, an insistence 
that theories be practical and practicable. 

See Law, Constitutional. 

References: Titles given in the articles 
above. Special reference should be given to 
C. E. Merriam, Hist, of Am. Pol. Theories 
(1903) ; W. A. Dunning, "Am. Pol. Philosophy" 
in his Essays on Civil War and Reconstruction 
(1898), 353-365; A. C. McLaughlin "Social 
Compact and Constitutional Construction" in 
Am. Hist. Review, V ( 1899 ) , 467-490. 

Henry A. Yeomans. 



723 



POLITICAL THEORIES OF ENGLISH PUBLICISTS 



POLITICAL THEORIES OF ENGLISH PUBLICISTS 



England's Contributions. — England, especial- 
ly the England of modern times, has been a 
prolific breeder of political theorists. Among 
her publicists, too, are many of the very first 
rank. Hobbes, Locke, Bentham and Maine be- 
long to the race of intellectual giants. The 
two Mills, Austin and Spencer, with many a 
lesser but not unimportant name, complete a 
roll of which Englishmen may well be proud. 
The work of these thinkers marks the progress 
of political theory from the doctrine of the 
social compact (see Social Compact Theory) 
to modern communism. Of this long political 
journey there is scarcely a step which is not 
lighted by the work of some strong English 
mind. 

Early Publicists. — Prior to the Puritan Revo- 
lution Englishmen seem to have taken little 
interest in theoretical politics. Three writers 
of some note did, indeed, engage in the endless 
continental dispute over the boundary between 
ecclesiastical and temporal power. These three 
were John of Salisbury ( ? — 1180), William of 
Ockham (?— 1349?) and John Wycliffe ( ?— 
1384). The first named favored, on the whole, 
papal supremacy; the others opposed it. Ock- 
ham and Wycliffe profoundly agitated the 
church, but none of the three reasoned on polit- 
ical topics in a fashion which engages the 
modern mind. John of Salisbury, for instance, 
defended tyrannicide, but only tyrannicide of 
a decent and religious character. Poisoning, 
being without Scriptural precedent, he ab- 
horred. Of the political philosophers, other 
than the foregoing, who antedated the Puritan 
Revolution there is likewise little that need 
be said. Sir John Fortescue (1394? —1476?) 
was rather a jurist than a publicist. He did, 
however, expound a state of nature preceding 
the establishment of government. In this state 
of nature, natural law (see Law of Nature), 
a universal code of all created things, dictated 
by God and embodying perfect justice, pre- 
vailed. Fortescue thought the English govern- 
ment a peculiarly fortunate combination of 
"royal" and "political" rule, that is, a person- 
al monarchy, tempered by popular laws. Sir 
Thomas More (1608-1674), a cheerful pessi- 
mist who died, jesting, on the scaffold, pub- 
lished his Utopia outside England. It is a 
satire on the political life of his time, em- 
bracing an attack on private property and a 
defence of communism amazingly out of place 
in the reign of fat King Hal. 

James I; Filmer. — The Puritan Revolution 
tilled the soil which produced the first English 
political theory worthy of careful attention. 
The royal philosopher, James I (1566-1625), 
in his True Law of Free Monarchy had main- 
tained, £h§ theory of the Divine Right of 



Kings. For a king he did it well, too, bas- 
ing his arguments on Scripture, the law of 
nature and the law of Scotland. His con- 
structive case was somewhat weak, it is true, 
but when he held that anarchy is worse than 
even a divinely justified monarch he spoke 
loud and to the point. Sir Robert Filmer 
(?-1653) in his Patriarcha, added to James' 
case the argument that kings have inherited 
from the early heads of families patriarchal 
authority, the only kind of authority ever di- 
rectly consecrated by God (see Divine Right 
of Kings). 

Richard Hooker. — The first noteworthy op- 
ponent of unlimited royal power was Richard 
Hooker (1554?-1600). Writing in defense of 
the Anglican Church against the Puritans, 
but regarding all governments as identical in 
fundamental principles, he applied his reason- 
ing to secular government as well as to the 
church. He was, also, among English writers 
the first prominent exponent of the social 
contract theory, later associated with the 
names of Hobbes and Locke. He regarded 
political life as instituted by a formal con- 
tract, to the terms of which, in the laws of the 
land, both ruler and ruled are subject. 

John Milton; James Harrington.— The polit- 
ical theories of John Milton (1608-1674) and 
of James Harrington (1611-1677) were in 
a sense complementary. Milton devoted him- 
self to the freedom of the individual; Harring- 
ton, to the organization of the state. Mil- 
ton, holding that all political power rests fun- 
damentally in the people, desired a wide sphere 
of individual activity, unrestricted by any 
government. Authority is for the capable, but 
liberty for all. He prayed for religious toler- 
ation, freedom of the press and freedom from 
sumptuary laws. Harrington in his Common- 
loealth of Oceana (1656) opposed the mon- 
archic organization of the state. He advo- 
cated an aristocracy, or even a plutocracy. 
Stability is the desired end, and, to secure it, 
the supreme authority must rest with the 
owners of property. The ownership of prop- 
erty, however, must not be concentrated in 
the hands of a few. It must be wide-spread, 
and the doors of public office must be open to 
all who possess it. Harrington influenced con- 
siderably the minds of early American states- 
men, notably John Adams and Daniel Webster. 

Algernon Sydney. — Algernon Sydney or Sid- 
ney (1622-1683) was another opponent of 
royal power. In his Discourses Concerning 
Government he took a position strongly sug- 
gestive of the later utilitarians. Government, 
he said, rests on no prescription, either of God 
or nature, except as such prescription is to be 
found in the dictates of reason. 



724 



POLITICAL THEORIES OF ENGLISH PUBLICISTS 



Hobbes and Locke, Compared. — The fore- 
most publicists of the, Revolution were Thomas 
Hobbes (1588-1679) and John Locke (1632- 
1704). These two, with Rousseau, so dignified 
the theory of the social contract that it domi- 
nated the minds of thinking men for well nigh 
two hundred years. Both regarded the social 
contract as an agreement made by the members 
of society in order to escape the evils of a pre- 
governmental state of nature. But here the 
resemblance between the two ended. They were 
men of utterly different types of mind and they 
reasoned to diametrically opposite conclusions. 
Hobbes is an exact, thinker. His close knit 
arguments fit together like a mathematical 
demonstration! He is a hardened materialist 
who sees in the selfish gratification of desires 
the mainspring of human action. Locke rea- 
sons loosely and in generalities. He sees 
visions. Hobbes' conclusions are a justification 
of absolute monarchy; Locke believes in the 
divine right of revolution. 

Thomas Hobbes. — Hobbes' De Cive appeared 
in 1647, his principal work, Leviathan, in 
1651. Starting with an analysis of the human 
mind and its activities he passes on to the ob- 
jects of human endeavor and is thus led to 
consider the "Natural Condition of Mankind 
as concerning their Felicity and Misery." This 
condition, he held, is a war of all against all. 
Since man is utterly selfish, his sole aim is 
to satisfy his wants. As the aim of every 
other man is the same as his, a clash is in- 
evitable. In the state of nature there existed 
no distinction between right and wrong, none 
between justice and injustice. Nothing is un- 
just except what is unlawful and in the state 
of nature there is no law. What is termed 
the law of nature is merely a scheme which 
is likely to aid those who pursue it in getting 
what they want. It is, "Do not that to an- 
other which thou wouldst not have done to 
thyself." To avoid this ceaseless war of all 
against all, mankind agreed for themselves 
and their successors, every man with every 
other, to give up absolutely the right of gov- 
erning themselves to a representative, chosen 
by the majority, thus forming a common power 
to restrain and protect individuals. This 
agreement constituted the social contract. 
Hobbes' purpose in writing was to uphold the 
Stuart king, whom he assumed to be this 
chosen representative, and he framed his prem- 
ises with that end in view. The choice of a 
dynasty to possess supreme power, once made 
by the majority, he held to be irrevocable. 
Furthermore, as the King was not a party to 
the contract he could not violate it. The 
contract was among those persons who chose 
him, not between him and them. Hence there 
is no sound basis for the doctrine that resist- 
ance to a King is justified where the King 
has not kept faith with his people. A King 
has no faith to keep. He is the wielder of a 
supreme power placed in his hands without 



condition. The command of the sovereign 
might, indeed, be resisted when it involved 
the subjects' death, because the contract con- 
templated no such command; but, whatever 
may be thought of the logic of this exception, 
resistance to a monarch unrestrained morally 
as well as physically is hardly to be deemed 
a valuable privilege. Hobbes was from the 
modern standpoint, something of a reactionary 
but, nevertheless, he made a great and lasting 
contribution to political theory. In his 
analysis of law he surpassed all his predeces- 
sors. He was the first to point out unmis- 
takeably that a law, properly so-called, is the 
command of the sovereign. Furthermore, he 
had a clear conception of sovereignty as a 
power unrestrained except by self-imposed, 
moral restraints. As to who is the sovereign, 
that is, the possessor of this power, publicists 
have wrangled to the present day. To Hobbes's 
mind the sovereign was, in England, the 
Stuart king. The great philosopher failed to 
emphasize sufficiently the moral limitations 
to which every sovereign should bow and he 
certainly mistook the identity of the sovereign 
in England. But one or two cardinal points 
he made so clear that they who run may read. 
He taught Englishmen the distinction between 
politics and morality. 

John Locke. — If Hobbes maintained that po- 
litics are not morality, Locke's thesis was that 
politics should be tempered by morality and 
above all by reason. His Two Treatises of 
Government (1690) was a justification of the 
Revolution. Locke, like Hobbes, believed in 
a state of nature which antedated the exis- 
tence of government. But in Locke's mind 
the state of nature did not antedate the exis- 
tence of a real society. Peace and reason 
prevailed in that state, likewise a law em- 
bodying the rules of equity and interpreted 
by reason. Every individual then possessed 
the natural rights of life, liberty and property. 
But after a time the need for some common 
organ to interpret and execute the law oi 
nature made itself felt. To secure this com- 
mon organ the social contract was made. 
Every individual gave up to the community 
as a whole his individual right of executing 
the law of nature and punishing offenses 
against it. This execution of the law of na- 
ture and enforcement of natural rights is the 
justification and province and the sole justi- 
fication and province of political authority. 
As to just what are offenses against natural 
law, violations of the right of life, liberty and 
property, Locke is not specific. A man's 
"right" to any one of these things varies in- 
finitely with circumstances. What it is at 
any particular time and place constitutes the 
daily problem of political life. Locke was 
no nearer a specific solution of this problem 
than we are today, But he indicated for all 
time the general limits within which this solu- 
tion must be worked for. The individual is 



725 



POLITICAL THEORIES OF ENGLISH PUBLICISTS 



not the slave of the community. A majority 
may be a worse tyrant than ever was a Sen- 
nacherib or a Catherine II. There is a stand- 
ard of individual freedom, none the less real 
because seen but darkly. There are restraints 
upon the majority, none the less binding be- 
cause they are rational and moral, not physical 
restraints. 

Viscount Bolingbroke. — From the Puritan to 
the French Revolution English political theory 
was well nigh a barren plant. Henry St. 
John, Viscount Bolingbroke (1678-1751), de- 
fended the constitution of 1688 as a perfect 
example of the desirable blending of the mon- 
archic, aristocratic and popular elements in 
government. 

David Hume.— David Hume (1711-1776) 
did this and more. He may be called the first 
of the utilitarians, for he denied the whole 
doctrine of a contract basis of government and 
maintained that men submit to authority be- 
cause of the advantage to the individual of a 
peaceful and orderly social life. 

Edmund Burke. — The great English publicist 
of French Revolutionary time was Edmund 
Burke (1729-1787). His Reflections on the 
Revolution in France and Appeal from the 
New to the Old Whigs, doubtless stayed for 
years the progress of liberal reform in Eng- 
land. Burke worshipped at the shrine of the 
English constitution as developed under di- 
vine guidance during and after the year of 
grace, 1688. He felt that no political institu- 
tions could be practically successful unless 
rooted in the past. The French, to his mind, 
were breaking with all their traditions, in- 
stead of developing along the lines of their 
previous history. Property and liberty he 
felt to be endangered. Furthermore he feared, 
with some small show of reason, that the 
French madness would communicate itself 
to England. Therefore he urged his great 
antirevolutionary appeals with an extrava- 
gance of statement which amuses the reader 
of today, but which the majority of his 
fellow citizens accepted in all seriousness. 
By Americans however, Burke should be re- 
membered for his attitude on the American 
Revolution rather than the French. His views 
with regard to the colonies show another side 
of his character. Although he believed in aris- 
tocratic government he was at heart an individ- 
ualist and he was also a substantially just man. 
His great speech on Conciliation toith America, 
delivered in the House of Commons, March 22, 
1775, is a classic. It illustrates, better than 
any other work of Burke's life, his instinct 
for applying general principles to concrete 
cases. It is a plea for political toleration, for 
generosity and for peace. The speaker real- 
ized that England had to deal with men who 
were not fanatics, who respected life and prop- 
erty, who looked to English history for a 
definition of their rights and a justification 
of their claims. Whether or not the colonists 



read history aright, their attitude of reliance 
on the past appealed to Burke, just as the 
French break with the past alienated him, 
He was, in a sense, the forerunner of the his- 
torical school of Maine. Add to this fact a 
suggestion of utilitarianism, due to a mind es- 
sentially practical, the result is Edmund Burke. 

Jeremy iBentham.— The next noteworthy 
English publicist was Jeremy Bentham (1748- 
1832). His political theories are scattered 
throughout his voluminous writings, but may 
well be studied in his Fragment on Government 
(1776) and Principles of Morals and Legisla- 
tion (1789). He was the great utilitarian. 
In his view, the true aim of law and govern- 
ment is the happiness of the governed. This 
happiness consists mainly in four things : sub- 
sistence, abundance, equality, and security. 
In the ideal state, that is to say, every man 
would enjoy creature comforts not merely suffi- 
cient to sustain life but sufficient to gratify 
his every reasonable desire; he would have 
as much as his neighbor and he would be se- 
cure in his possessions. In practice it is im- 
possible to insure to every man all these 
sources of happiness, but the effort to insure 
them is the justification of government. Se- 
curity is the most important of all, and, to 
maintain it, equality, abundance and even, in 
some cases, subsistence must go by the board. 
The problem of maintaining security where a 
considerable part of the community lacks sub- 
sistence, Bentham never solved. His place in 
history is due to the fact that he applied to 
specific political problems of his day shrewd 
conclusions drawn from his thinking on gen- 
eral topics. The era of reform in England, 
reform in religious tests, in the franchise, in 
local government, in poor law administration, 
is the era of Benthamite legislation. 

James Mill; John Stuart Mill.— Bentham's 
doctrines were elaborated and applied by his 
disciple James Mill (1773-1836), and also in 
a modified form by the latter's son John Stu- 
art Mill (1806-1873). James Mill was an 
unmitigated utilitarian. His son, although he 
pleaded for individual freedom, nevertheless 
had in him something of the modern communis- 
tic school, strangely mingled with the Ben- 
thamite principles. Bentham was a philan- 
thropist and a humanitarian : the younger Mill 
was all that and something more. Perhaps we 
may explain it by saying that he was a greater 
believer in human interdependence and also 
in human progress. His life was a long and 
pathetic effort to discover the laws of human 
progress. His mature views are probably best 
set forth in his Considerations on Representa- 
tive Government (1861). The best government 
he holds to be that which best promotes 
the general mental advancement "in intellect, 
in virtue and in practical activity and effi- 
ciency." In developed states the government 
most likely to promote this advancement is, in 
his opinion, a representative democracy. 



726 



POLITICAL THEORIES OF ENGLISH PUBLICISTS 



John Austin. — One other disciple of Bentham 
must be mentioned in passing, the great jurist, 
John Austin (1790-1859). His work, properly 
speaking, was in the field of jurisprudence, but 
he incidentally made to political theory con- 
tributions of great value. He gave precision 
to such terms as law and sovereignty, showed 
the relation of custom to law and explained 
the nature and disadvantages of judicial legis- 
lation. His principal work, The Province of 
Jurisprudence Determined, was published in 
1832. 

Historical School: Maine. — The latest school 
of English political theorists whose work may 
be regarded as in any sense complete, is the 
so-called historical school. Its leader was Sir 
Henry James Sumner Maine. His work on 
Ancient Law (1861) marked the rise of a 
new group of thinkers who maintained that 
the proper method of political study is histor- 
ical. It is idle, they said, to theorize about 
the origins of government; idle to attempt the 
justification of government or of any particu- 
lar form of government by reasoning on gen- 
eral principles. Constitutions are not made, 
they grow. Study history and find out why 
and how they have grown. Cease guessing at 
an answer which is written in ancient rec- 
ords. Learn to read. Furthermore, the new 
school not only stood for a change in methods 
of study. It was led by the historical method 
to conclusions widely different from those of 
its predecessors. Natural law and natural 
rights, so far as they exist at all, are a ra- 
tional and ethical conception. They are an 
ideal. No thinker who restricted his quest for 
political truth to the habits of ancient Britons 
could be expected to hold ideals. Benthamite 
utilitarianism, too, was a theory. It was never 
practiced in any ancient community. Maine 
and his followers doubted the efficacy of any 
principle or ideal to combat the results of 
man's historical development. Humanity, they 
held, has but a sadly limited capacity to frame 
and to adjust itself to new conditions. For 
the most part, man is but the creature of 
circumstance. 

The historical school undoubtedly empha- 
sized a truth before too little regarded. Po- 
litical institutions are framed, accepted and 
supported, not only because of a belief that 
they accord with divine or moral principles, 
not only because of a belief that they make for 
the happiness of the governed, but as well 
because of the events of thousands of years of 
history, many of them hidden in an impene- 
trable past. But man can profoundly alter 
existing institutions either for better or for 
worse. He can and should interfere to change 
the sequence of political events. If he is to 
do so, he must act on principle. To frame 
these principles he must not only contemplate 
the history of the past, but as well must he 
look to an ideal future. All progress demands 
not only fact but theory as well. 



727 



Herbert Spencer. — One other English pub- 
licist must be named in this brief sketch. Her- 
bert Spencer (1820-1903) attempted to syn- 
thesize all scientific knowledge along the lines 
of the biological discoveries of Darwin and 
his followers. In the field of politics he him- 
self admitted that the analogies to biological 
law are far from perfect. So we may dismiss 
this feature of his political speculation with 
the greater equanimity. On the more prac- 
tical questions of the day he was an extreme 
individualist. In his The Man versus the 
State (1884), he laments the modern tendency 
of the state to interfere more and more with 
the affairs of the community, even though the 
object of such interference be the protection 
of health and morals. Such opinions are now 
out of date. Indeed, Spencer may almost be 
regarded as the last English political theorist 
of the extreme individualistic type. 

The Present Controversy; Socialism. — To- 
day the controversy rages along a new line of 
struggle drawn closer to paternal government. 
Whether we welcome the fact or no, there is 
now but one question of the first importance to 
publicists throughout the western world. That 
question is socialism (see). Except as they 
bear on it, international war threats and re- 
publican uprisings are but anaemic issues. 
England is no exception to the general state 
of affairs. In fact it would hardly be too 
much to say that in England the only political 
question is socialism in some form or other. 
All thinking men are asking: How far is the 
individual subject to the restraint and entitled 
to the assistance of the community? In Eng- 
land too, this question is no longer one of mere 
theory. Old age pensions (see) are a fact and 
unemployment (see) insurance is a probabil- 
ity. The end is not yet and no man can say 
where the end lies. The forces of socialism are 
organized and determined. They are also 
noisy. The chiefs of the Labor Party, the 
faithful of the Fabian Society (see Fabian 
Socialists) and a score of literary knights 
errant swell the cry. Nor are their opponents 
silent. Out of all the confusion we may hope 
to see emerge some new principle, applicable 
not only to theoretical questions but to prac- 
tical politics as well. 

After all it is in putting theory into prac- 
tice that the peculiar genius of Englishmen 
lies. So true is this, that their political the- 
ory is often overshadowed by their practical 
accomplishments. We think of them as politi- 
cians not as publicists. But a man is no 
less a publicist because he himself puts his 
own theories on the statute book. It would 
not be fair to close this review without ref- 
erence to the men — often nameless today — 
whose work lives after them in the body oi 
English law. The statutes of Merton and 
Westminster, the Petition and Declaration of 
Rights, all these and other enactments as well, 
embody a part of English political theory, al- 



POLITICAL THEORIES OF MODERN CONTINENTAL PUBLICISTS 



though they must be studied as constitutional 
history and law. 

Conclusions. — In conclusion, it may be said 
with regard to the purely theoretical English 
political writers of importance that they fall 
roughly into three main schools. These three 
are the social contract, the utilitarian and the 
historical. A fourth school, the socialist or 
communist is being evolved at the present 
time. Of the three whose work may now be 
estimated, no one commanded uniformity of 
opinion in its adherents. Among the utilitari- 
ans, and, especially, the exponents of the social 
contract, there was great divergence of views. 
Every school committed errors, but, never- 
theless every one of them made a solid contri- 
bution to political thought. The social con- 
tract school taught that the foundation of gov- 
ernment is the acquiescence of the governed. 
That this acquiescence may be due to force 
or habit and may be informal or implied as 
well as express, does not materially lessen 
the value of the teaching. Furthermore, Locke 
made all men his debtors by upholding a ra- 
tional ideal of individual freedom which the 
law is bound morally to respect. The utili- 
tarians maintained rightly that governmental 
measures should be framed with an eye single 



to their actual effect. The historians, seeing 
that both ideals and efficiency must wrestle 
with man's long inheritance, urged that every 
advance be rested on the strength of progress 
already achieved. Today, as insistently as 
when first delivered, these messages all demand 
a hearing. Time has not depreciated the ef- 
forts of English publicists. They will be 
strong men whose names may worthily be 
added to such a roll. 

See Government, Theory of; Individual- 
ism ; Law of Nature ; Organic Theory of the 
State; Political Philosophy; Political 
Science; Political Theories, Ancient and 
Mediaeval; Political Theories of American 
Publicists, Early; Political Theories of 
American Publicists, Recent; Political 
Theories of Modern Continental Publi- 
cists ; Social Compact, Theory ; Sociology. 

References: Works and authorities cited 
under respective lives in Dictionary of Na- 
tional Biography ( 1908, 1909 ) ; W. A. Dun- 
ning, A History of Political Theories from 
Luther to Montesquieu (1905), chs. vii, viii, 
x; W. Graham, English Political Philosophy 
from Hoobes to Maine (1899); L. Stephen, 
Hist, of English Thought in the XIX Century 
(1876), II, ch. x. Henry A. Yeomans. 



POLITICAL THEORIES OF MODERN CONTINENTAL 

PUBLICISTS 



The Reformation Period. — The Protestant 
Reformation fostered general independence of 
thought and thus profoundly affected political 
as well as religious theory. Its political re- 
sults, however, were not in any considerable 
degree immediate and the only notable pub- 
licist among the sixteenth century reformers 
was John Calvin (1509-1564). Martin Luther 
(1483-1546) rendered obscure his own dis- 
tinction between secular and ecclesiastical au- 
thority and lessened his own fame as a politi- 
cal thinker by his advocacy of passive obedi- 
ence to civil power. Ulrich Zwingli (1484- 
1531) as a political theorist is negligible. 
Philip Melancthon (1497-1560) conceived a 
natural law based on instinctive notions of 
right and wrong and developed at some length 
the forms and functions of government. But 
Calvin was the Protestant lawgiver. In his 
Institutes of the Christian Religion (1536) he 
recognized the necessity of secular government 
and its organization separate from the church. 
To it he entrusted with much explanatory de- 
tail the protection of life, liberty and property 
and the care of piety and religion. For it, as 
represented by the city-state of Geneva, he 
demanded, in fact, passive obedience. In 
theory such obedience was limited by "the law 
of God." This last qualification is significant. 
In later years it was made to justify a doughty 



resistance to constituted authority in France 
and the Low Countries. It indicates, more- 
over, the real importance of the Protestant re- 
formers in the history of political theory. In 
their minds "the relation of church to state 
and the moral basis of the latter constituted 
the whole of political theory." Wherever civil 
potentates could be identified with God's elect, 
they became a bold and bigoted aristocracy: 
wherever they remained in outer darkness, 
their Calvinist subjects might be expected to 
revolt. 

To support fully the Protestant struggles 
in France and Holland a more militant theory 
than that of the early leaders was required. 
Such was the theory of Francis Hotman (1524- 
1590). He published, in 1573, Franco- Gallia, 
an historical attempt to demonstrate that 
France was not and never had been an absolute 
monarchy. The Vindiciae contra Tyrannos 
(1579), probably the work of Hubert Languet 
or Duplessis-Mornay, was more comprehensive 
as well as more complex. On grounds of Old 
Testament history and Roman legal theory the 
author maintained that God, the monarch and 
the people are parties to a contract. The king 
and his subjects agree with each other respec- 
tively to rule justly and to obey: both agree 
with God to sustain the church of His elect. 
When the King rules unjustly or attacks the 



728 



POLITICAL THEORIES OF MODERN CONTINENTAL PUBLICISTS 



church, the people, acting through their mag- 
istrates, may resist him as the violator of a 
contract. The German, Johannes Althusius 
(1557-1638), in his Systematic Politics 
(1610), and the Spaniard, Juan de Mariana 
(1536-1623), in his On Kingship and the Edu- 
cation of a King (1599), supplemented the ef- 
forts of these Huguenot writers with argu- 
ments based on popular sovereignty. What 
they meant by "popular" they never made 
clear. But they, as well as the Huguenots, 
made a distinct advance when they rested 
political authority on human rather than di- 
vine support. 

Jean Bodin. — The foremost publicist of these 
times, however, was the upholder of absolute 
monarchy, Jean Bodin (1530-1596). A stu- 
dent of the philosophy of history, he possessed 
the mind and enjoyed the training of a jurist. 
His Sine Books Concerning the State (1576) 
opens with the following definition : "A State 
is an aggregation of families and their com- 
mon possessions, ruled by a sovereign power 
and reason." Dunning's comment on the pas- 
sage may serve as an epitome of Bodin's views : 
"In this is implied, what the later chapters 
elaborate, that the basis of the State, both 
in historical and in logical development, is the 
family; that a distinction must be drawn be- 
tween interests that are common and those 
that are not; that a supreme power is essential 
to the idea of a State; and that government 
is conditioned by a moral end." Bodin saw 
plainly that liberty is not license and that in 
the social state freedom of action is hampered 
as well as enlarged. The existence of the 
social state, originating in the social instinct 
and developed by means of force, was the basis 
of his speculation. Sovereignty he held to be 
"Supreme power over citizens and subjects, 
unrestrained by the laws." There are, however, 
divine laws of nature and of nations and also 
vague rules of superior obligation faintly re- 
sembling a constitution in the modern Ameri- 
can sense, to which even sovereigns must bow. 
The failure to elucidate these laws and rules 
constitutes the chief defect of Bodin's work. 
His attachment to the court of Henry III may 
have dimmed, at this point, the usual French 
clarity of his mind. Far more exact than his 
theory of sovereignty is his distinction between 
forms of State and forms of government. The 
possession of sovereign power determines the 
former, the manner of its exercise the latter. 
In both method and substance it is fair to 
say that Bodin took a long step forward. He 
reintroduced the Aristotelian spirit into politi- 
cal science. 

Francisco Suarez. — In Spain as well as in 
France and Germany political theory nourished 
in the sixteenth century. Her publicists, stim- 
ulated to consider fundamental questions of 
politics and government by the contact of 
Spanish arms with the new world, expanded 
the law of nations until it assumed something 



like its modern form. Of these publicists Fran- 
cisco Suarez (1548-1017) is the best known. 
He regarded natural law as the basis of ethics, 
something inherent in the human soul, where- 
by right is distinguished from wrong. In 
theory it is implanted by an omniscient being, 
but in practice Suarez so makes it conform to 
the dictates of right reason that the super- 
human element is often hidden. The law of 
nations is what is politically expedient and is 
evidenced by common usage. Suarez also pro- 
pounded a theory of popular sovereignty sug- 
gesting that of Rousseau. But popular sov- 
ereignty in practice is alienated, preferably, 
thinks Suarez, to an absolute monarch like 
the Spanish King. 

Grotius. — In Hugo de Groot, or Grotius 
(1583-1645), the Netherlands produced a 
modern publicist of very high rank. His Law 
of War and Peace (1625) closely resembles 
the De Legibus of Suarez but occupies a far 
larger place in modern thought. His modera- 
tion, reasonableness, erudition and high official 
position explain largely a reputation which, 
though deserved, is not based on originality 
of ideas. Grotius almost abandoned the reve- 
lation theory of the law of nature ( see ) . It 
is "the dictate of right reason, indicating that 
any act, from its agreement or disagreement 
with the rational nature, has in it moral tur- 
pitude or moral necessity." In framing this 
rational standard of right and wrong the in- 
terests of all men are to be considered. Gro- 
tius followed the theories of Suarez regarding 
the law of nations but so developed and ap- 
plied them that "under the influence of his 
example the meaning of jus gentium soon be- 
came narrowed from 'the law common to all 
or many nations' to 'the law governing the 
intercourse between nations.' " Grotius also 
considered the origins and sanctions of the 
state, but confused the "natural impulse" the- 
ory of Aristotle and the theory of contract 
based on self-interest. He may have intended 
to distinguish society based on natural in- 
stinct from the state founded on contract. 
The most important work of Grotius was his 
development of international law. But his 
rational concept of natural law coupled with 
his ill-defined theory of compact was destined 
to react powerfully against absolute monarchy, 
which strangely enough, he probably thought 
to support. 

From Grotius to Montesquieu. — Between 
Grotius and Montesquieu continental Europe 
produced theorists of note but none of an im- 
portance equal to theirs. Samuel Pufendorf 
(1632-1694), in his Law of Nature and of 
Nations (1672), summarized and elaborated 
and attempted with some measure of success 
to reconcile the theories of Grotius and Hobbes. 
Johann Christian Wolff (1679-1754) further 
elaborated the doctrines of Grotius and Pufen- 
dorf and was, in his turn, followed and en- 
larged upon by Emer de Vattel, whose Law of 



729 



POLITICAL THEORIES OF MODERN CONTINENTAL PUBLICISTS 



Nations appeared in Leyden in 1758. Leib- 
niz (1646-1716) and Thomasius (1655- 
1728) had, before this, respectively assailed 
and defended the work of Pufendorf. The 
philosopher Benedict de Spinoza (1632-1677), 
a Portugese Jew living in Holland, advocated 
religious freedom and an aristocratic republic. 
In Italy was developed in the wake of Vico 
(1668-1744) a sort of humanistic school com- 
prising, among others, Beccaria (1735-1793) 
and Filangieri (1752-1788). The Abbe Gali- 
ani (1728-1787), on the other hand, was a 
cynical disciple of utilitarianism and force. 
In France the eloquent prelate, Bossuet 
(1627-1704), in his Politics Derived from the 
Holy Scriptures (1709), upheld the absolute 
monarchy of Louis XIV in a series of argu- 
ments based on quotations from the Bible, but 
marked by traces of the theories of Hobbes. 

Montesquieu. — None of these seventeenth 
century publicists, however, stand out in the 
history of political theory as does Charles de 
Secondat, Baron de Montesquieu (1689-1755), 
author of The Spirit of Laws (1748). Only a 
part of this famous work treats of what may 
be termed political theory: it is largely a 
discussion of social, economic and religious 
matters. In dealing with political questions 
Montesquieu applied himself not so much to 
the rational bases of states as to the prin- 
ciples which must be observed if political 
society is to maintain itself and its activities 
after it is once organized. Assuming the ex- 
istence of governments, he divides them into 
republican, monarchic and despotic. Of repub- 
lican governments he distinguishes the demo- 
cratic and the aristocratic — all this is well 
trodden ground. But his analysis of the char- 
acter and the education of citizens proper to 
these several kinds of government is far more 
illuminating. So, too, of the value of particu- 
lar institutions in the maintenance of a loose- 
ly denned "political liberty." He developed a 
theory of separation of powers which went far 
beyond Locke and introduced into political 
philosophy the division of governmental func- 
tions into legislative, executive and judicial, 
which has now become traditional. Further- 
more, Montesquieu's definition of laws as the 
necessary relations springing out of the nature 
of things has a depth and significance not yet 
completely grasped by students of political 
theory. It indicates how small a part the work 
of the politician really plays in the world's 
affairs and how necessary it is for him, if he 
is to be successful, to conform his efforts to 
physical and psychological principles over 
which he exerts slight if any control. In 
method Montesquieu's arguments were bol- 
stered by such wide reference, more or less 
accurate, to history that he seems at times a 
follower of Vico and a member of the modern 
historical school. 

Rousseau and Voltaire. — No contrast could 
be sharper than that between Montesquieu and 



Jean Jacques Rousseau (1712-1778). The 
former stands for conciliation, moderation, lib- 
erty in what we have come to term the con- 
stitutional sense; the latter, for arbitrary rad- 
icalism. Montesquieu, as has been said, smacks 
of the historic school. Rousseau is the ex- 
treme disciple of the a priori system of natu- 
ral law. It is difficult to speak of Rousseau 
in measured terms. He is hypothetical, fanci- 
ful, contradictory. He contrasts an imaginary 
natural man of primitive times with the man 
of modern society, and concludes that the only 
escape from the existing evils he pictures in 
the contrast is a system of unrestrained con- 
trol by the majority. His drawing both of the 
natural and of the social man suggests truth 
but is as artificial as his conclusion is insup- 
portable to all but extreme socialists. Indeed, 
the Discourse upon Inequality among Men 
(1754) and the Social Contract (1762) are 
the first chapters in the written book of social- 
ism. There is no consistent adherence by the 
author to any principle; but so far as he had 
a thesis, it is that every man in modern so- 
ciety surrenders himself and all that he pos- 
sesses to the control of the community, in 
practice the majority of the community. He 
had grasped the truth that within the proper 
sphere of government the well considered, for- 
mally expressed will of the majority must and. 
should prevail. He failed utterly to appreci- 
ate the real difficulty of the problem; namely 
how far the majority should keep its hands 
off the individual altogether. When his ab- 
stractions were welded into the deeds of the 
French Revolution their inefficacy revealed 
itself. And yet no student of political theory 
can afford to neglect Rousseau. There is 
scarcely a chapter of the Social Contract 
which does not stimulate thought and chal- 
lenge discussion on topics vital to modern 
politics. 

With Rousseau it is usual to link Voltaire 
(1694-1778). It must be admitted, however, 
that the latter contributed nothing either orig- 
inal or important to political theory. He 
exposed the fallacies and weaknesses of other 
writers. He attacked religious intolerance, 
serfdom and other specific abuses. He illu- 
mined all that he approached, but he added 
little or nothing to the existing body of polit- 
ical doctrine. 

French Economists. — Of the French "Econ- 
omists" Merrier de la Riviere (1720-1793) is 
fairly typical. They upheld the right of prop- 
erty as the foundation of society and main- 
tained the true function of government to be 
not making laws but recognising laws which 
already exist in the social order. This doc- 
trine, of course, suggests Montesquieu. The 
"Economists" were strongly attached to the 
absolute monarchy. Opposed to them were the 
"Communists" of whom the Abbe Mably 
(1709-1785) was foremost. They drew their 
inspiration from Plato and were the first mod- 



730 



POLITICAL THEORIES OP MODERN CONTINENTAL PUBLICISTS 



ern publicists seriously to deny altogether the 
doctrine of private property. In the period 
just preceding the Revolution, France exhibit- 
ed two publicists of individual note. Baron 
Turgot (1727-1781) and the Marquis Con- 
dorcet (1743-1794) made the first clear state- 
ment of the principle which animates our 
modern efforts toward social and political 
amelioration, the principle of progress. "The 
mass of humanity in alternating periods of 
quiet and disturbance presses forward, though 
slowly, toward perfection." In revolutionary 
times the Abbe Sieyes (1748-1836) was no- 
table both as a man and as a publicist, but 
his peculiar field was actual legislation rather 
than political theory. The same may be said 
of Count Mirabeau (1749-1791). 

German Publicists of the Eighteenth and 
Nineteenth Centuries. — Of the German pub- 
licists of the eighteenth century the first to 
be noticed is Immanuel Kant (1724-1804). 
His political doctrine in the narrow sense of 
the term forms an important, though but a 
small part of his voluminous philosophy. Kant 
avoided the error of Hobbes and Spinoza who 
confounded right with force, and of Plato who 
confounded right with morality. The liberties 
of every man are limited by the liberties of 
every other man who comes in contact with 
him. They are not absolute, but relative. 
Right means the reconciliation of these liber- 
ties. These theorists marked a long forward 
step. They did not, however, solve the prob- 
lem still unsolved today. A general standard 
of right Kant could frame; the application of 
that standard to the affairs of daily life he- 
hardly attempted. Johann Gottlieb Fichte 
(1762-1814), a disciple of Kant, was the fore- 
most German commentator on the French Rev- 
olution. To us, the main interest in his work 
arises from the sharp contrast between him 
and Edmund Burke. To Burke history and ex- 
perience were everything; to Fichte, nothing. 
Fichte distinguished between the legitimacy 
and the wisdom of a revolution. But he de- 
voted himself almost exclusively to the ques- 
tion of legitimacy and thought in terms so 
general as to make his suggestions almost 
valueless. He confused the right of revolution 
with the right to change the fundamental law. 
The two may be the same thing, but they may 
also be very different things. How far men 
should go without the law to alter the consti- 
tution of the state is the real question at 
issue and this question Fichte did not solve. 

Of the German philosophers of the nine- 
teenth century Schelling (1775-1854) really 
contributed little to political thought. Hegel 
(1770-1831), in his 'Natural Law and Political 
Science (1821), developed Rousseau's principle 
of the state as the general will. He recog- 
nized in history the oriental, the classical and 
the Germanic periods, in which freedom apper- 
tained respectively to the despot, the governing 
class and the body of citizens. Wilhelm von 



Humboldt (1767-1835) opposed to the vague 
communistic notions of Friedrich Krause 
(1781-1832) a stiff individualism. Friedrich 
Karl von Savigny (1779-1861), whose two 
works, History of Roman Law in the Middle 
Ages (1815-1831) and System of Contempo- 
rary Roman Law (1840-1849), are well known, 
deserves to be remembered for his demonstra- 
tion that the study of positive law cannot be 
divorced from the study of the science of all 
law without injury to both. 

Ferdinand Lasalle (1825-1864), though 
spoken of as a publicist, was really an organizer 
of working men, in which capacity he laid the 
foundation of the present day Socialist Party 
in Germany. Heinrich Carl Marx (1818- 
1883 ) , whose book entitled Capital ( 1867 ) has 
made him famous, was, in fact, a publicist. 
However much his theories that commodities 
should exchange on the basis of the labor re- 
quired to produce them and that the commun- 
ity should demand from every one labor accord- 
ing to his capacity and provide for everyone 
according to his needs, have been discredited, 
it remains true that he saw clearly and indi- 
cated forcibly the truth too often overlooked 
that historical evolution is largely conditioned 
by systems of production. Johann Kasper 
Bluntschli (1808-1881), Heinrich Rudolf Her- 
man Friedrich von Gneist (1816-1895), and 
Albert Eberhardt Friedrich von Schaffle 
(1831-1903), are almost contemporaries. 
Bluntschli, by his History of Modern Political 
Science (1864), and Theory of the Modern 
State (1875-76), did much to reconcile the 
historical and philosophical methods and also 
to render specific and exact political terms 
which had long been loosely employed. Gneist 
was an adherent of monarchy, but a strong 
champion of liberal views, a prolific writer on 
constitutional law and history and a reformer 
of judicial procedure and penal law. Schaffle, 
in his Structure and Life of the Social Body 
(1875-1878), developed a theory of society 
somewhat akin to the organic theory of Spen- 
cer. His criticisms of socialism are extremely 
valuable. 

Recent French Publicists. — Of the French 
publicists of the nineteenth century the one of 
peculiar interest to American readers is Alexis 
Charles Henri Clerel de Tocqueville (1805- 
1859). De Tocqueville accepted democracy as 
an accomplished fact to be observed, not as a 
proposition to be argued. His famous book, 
Democracy in America ( 1835 ) , was an attempt 
to make this observation and to record his 
conclusions. Much of it would repay careful 
study in this time of unrest. The development 
of physical well-being in our country, the diffu- 
sion of knowledge, sympathy for human mis- 
ery, the encouragement of all kinds of activity, 
these he recognized fully. But along with them 
he noted the instability of the laws, the de- 
fective character of office-holders, the discour- 
agement of excellence, the tyranny of numbers. 



731 



POLK, JAMES KNOX— POLLOCK vs. FARMERS' LOAN AND TRUST COMPANY 



No more enlightened statement of the virtues 
and defects of modern democracy has ever been 
penned. 

See Divine Right of Kings; Government, 
Theory of; Natural Rights; Social Com- 
pact Theory; Socialism; Sovereignty; State, 
Theory of. 

References: W. A. Dunning, A Hist, of Po- 
litical Theories from Luther to Montesquieu 
(1905) ; Adolphe Franck, Reformateurs et 
Publicistes de VEurope, dix-septieme siecle 
(1881), dix-huitieme siecle (1893); J. K. 
Blunt&chli, Geschichte der Neueren Staatswis- 
senschaft, Allgemeines Staatsrecht und Politik, 
Seit dem 16, Jahrhundert bis zur Gegenwart 
(1881); Gustav Schmoller, Zur Litteratur- 
geschichte der Staats-und Sozialwissenschaften 
(1888) ; Paul Janet, Historie de la science 
politique dans ses relations avee la morale 
(3d ed., 1887); G. L. Scherger, Evolution of 
Modern Liberty (1904). 

Henry A. Yeomans. 

POLK, JAMES KNOX. James K. Polk 
(1795-1849), eleventh President of the United 
States, was born in Mecklenburg county, N. C, 
November 2, 1795. In 1806 the family 
removed to Tennessee, where he studied law 
with Felix Grundy, and in 1820 was admitted 
to the bar. In 1823 he was elected to the 
legislature as a Democrat, and in 1825 entered 
Congress, where he remained a member of the 
House until 1839. In Congress he supported 
Jackson, served as chairman of the ways and 
means committee, and from 1835 to 1839 was 
Speaker. From 1839 to 1841 he was governor 
of Tennessee. In the election of 1840 one of 
the electoral votes of Virginia was cast for 
him for Vice-President. In the Democratic 
convention of 1844 he was a "dark horse" can- 
didate, and was nominated unanimously on 
the ninth ballot. In the election he received 
170 electoral votes against 105 for Clay, the 
Whig candidate. His published diary shows 
that, in the war with Mexico and the Oregon 
controversy with Great Britain, he both dom- 
inated his Cabinet and controlled Congress, and 
followed throughout his administration a defi- 
nite and even dogmatic policy. He was not a 
candidate for reelection in 1848. He died at 
Nashville, June 15, 1849. See Wars of the 
United States. References: J. S. Jenkins, 
Life of James E. Polk ( 1850 ) ; James K. Polk, 
Diary (ed. by M. M. Quaife, 1910) ; M. F. 
Follett, Speaker of the House (1896); G. P. 
Garrison, Westward Extension (1906). 

W. MacD. 

POLL TAX. The poll or capitation tax is 
a per capita tax generally levied uniformly 
upon males. It may, however, be graded ac- 
cording to occupation or other qualifications. 
It is sometimes levied as a specific amount 
against all persons subject to the tax; and 
sometimes takes the form of a quasi-property 



tax based upon an arbitraty valuation of polls. 
During the colonial period, when there was 
more general equality in individual wealth, 
the poll tax constituted an important source 
of revenue. Although under present conditions 
it bears unequally upon taxpayers, it has been 
retained and may be found in the tax systems 
of nearly all states, although in some its col- 
lection is not strictly enforced. It is usually 
levied on adult males — two dollars being a 
common rate. The tax is notoriously evaded. 
In 1902 less than a million dollars, more than 
half in Massachusetts, was thus collected in 
all the American cities which had populations 
of 30,000 or over; Pennsylvania ranks next 
in the use of this tax; and has two kinds — uni- 
form and graded, according to the occupation. 
As a rule the poll tax is levied only upon 
adults over twenty-one, and exceptions are 
generally made in favor of those of advanced 
age. In a few cases the exemption applies 
to all above forty-five. See Taxation, Sub- 
jects of; Taxes, Direct. References: C. J. 
Bullock, Selected Readings in Public Finance 
(1906), 193-210; U. S. Census Bureau, 
Wealth, Debt and Taxation (1907), 651; C. F. 
Bastable, Public Finance (2d ed., 1895), 433- 
436. D. R. D. 

POLLOCK vs. FARMERS' LOAN AND 
TRUST COMPANY. A suit was brought in 
the proper federal court by Pollock and oth- 
ers as stockholders of the defendant company 
to restrain that company from paying to the 
United States a tax on its income according 
to the provisions of the income tax law of 1894, 
it being alleged that the income of the com- 
pany was derived from real estate, the bonds 
and stocks of corporations, and municipal 
bonds (157 U. S. 429 and 158 U. S. 601). The 
contention for the complainants was that the 
tax which they sought to have restrained was 
a direct tax not levied according to any ap- 
portionment among the several states as re- 
quired by the provision of the Constitution re- 
lating to representation and direct taxation 
(Art. I, Sec. ii, 1f 3). On appeal to the Su- 
preme Court of the United States it was first 
held by a divided court that a federal tax on 
the rents or income from real estate is a 
direct tax and therefore invalid if levied in 
accordance with valuation and not by appor- 
tionment among the states. On a rehearing 
in the same case it was held further that taxes 
on the incomes from personal property are 
likewise direct taxes, four of the justices dis- 
senting. This decision overruled earlier deci- 
sions of the same court holding that the only 
direct taxes contemplated by the constitutional 
provision are capitation taxes and taxes on 
land. Since the rendition of the judgments 
in the latest income tax cases above cited there 
is still ground for discussion as to the power 
of the Federal Government to tax incomes and 
it has been decided that corporation taxes and 



732 



POLLS— POOR LAW GUARDIANS IN ENGLAND 



inheritance taxes are not within the prohibi- 
tion as to direct taxation. See Taxation, 
Principles of; Taxes, Direct. References: 
C. E. Boyd, Cases on Am. Constitutional Law 
(1898), 91; J. R. Tucker, Constitution of the 
U. 8. (1899), I, 460-465. E. McC. 

POLLS. In the United States, the term 
"polls" means the place where electors vote. 
Where the Australian ballot has been adopted, 
the law requires that the polling places be 
provided with ballot-booths, each of such di- 
mensions as to accommodate one voter, and so 
constructed as to screen him from observation 
while he is preparing his ballot. The booths 
are shut off by guard-rails, and no unauthor- 
ized person is allowed to be present within 
these barriers. Ordinarily, the voter's name 
is marked upon an official check-list as he en- 
ters the ballot-booth enclosure and again as 
he deposits his ballot. The election officers 
must be drawn from different parties. In some 
states each party is allowed challengers during 
the vote, and watchers during the count. 
Growing stringency marks laws intended to 
protect the voter from undue influence while 
at the polls. Oregon even requires that no 
"political badge, button, or other insignia shall 
be worn at or about the polls on any election 
day." Severe restrictions condition the as- 
sistance which may be given to voters. Under 
the New Jersey law, 1911, no official ballot 
may be taken outside of the polling-place; if 
a person declares under oath that because of 
ignorance of the English language, or because 
of some physical disability, he is unable to 
mark his ballot without assistance, the board 
of registry and election may assign one of its 
members to assist him. All members of the 
board (but no one else) have the right to 
witness the preparation of such a voter's bal- 
lot, but they are forbidden to reveal the name 
of any person for whom the assisted elector 
voted. See Ballot; Ballot, Australian; 
Election System in the United States; 
Suffrage. References: G. W. McCleary, Am. 
Law of Elections (4th ed., 1897), 515-522; 
Article "Elections" in Cyclopedia of Law and 
Procedure, XV (1905), 362-374. 

George H. Haynes. 

POLYGAMY. Polygamy is prohibited by 
law in the United States and the Supreme 
Court of the United States has decided that 
should one enter into it in accordance with the 
teachings of a system of religion, that fact 
cannot be plead as a defense; and that the 
constitutional guarantee of religious liberty 
will not protect such a person from prosecu- 
tion for bigamy. In mediaeval law a bigamist 
was one who married again after his first 
wife's death, while in the modern sense it cor- 
responds to either polygamy or polyandry, or 
polygany, which includes both and covers all 
plural marriages whether that of a man with 



733 



more than one legal wife, or of a woman with 
more than one legal husband. Bigamy was 
first punishable by statute in England in 1604, 
and is now everywhere illegal where mono- 
gamous marriage is recognized by the law of 
the state. By act of Congress, March 9, 1896, 
rights of inheritance, however, were secured 
to the issue of bigamous and polygamous mar- 
riages, and by another act, a few days later, 
the children of such unions "heretofore con- 
tracted between members of the Church of 
Jesus Christ of Latter-Day Saints, born on or 
prior to the fourth of January, 1896, were legit- 
imated." See Marriage and Divorce. Refer- 
ence: G. E. Howard, History of Matrimonial 
Institutions (1904), II. S. McC. L. 

POOLING IN RAILROADS. A pool may be 
defined as an agreement among railroads for 
the division of competitive traffic or earnings. 
Its purpose was to prevent cut-throat competi- 
tion and the consequent serious depletion of 
earnings. Beginning about 1870, pools were 
formed in practically every section of the 
United States where railroads were in competi- 
tion. As there was no effective way in which 
adherence to the agreements could be enforced, 
but few of them had any permanence. They 
grew out of rate wars and their dissolution in 
turn created rate wars. With the passage, in 
1887, of the Interstate Commerce Act these 
agreements, which were never legal in the 
sense of being enforceable at law, were made 
illegal in interstate commerce as they had been 
previously in many separate states. During 
recent years the recommendation has frequent- 
ly been made in presidential messages and in 
the . reports of the Interstate Commerce Com- 
mission that pooling be legalized under gov- 
ernmental authority and measures in conform- 
ity therewith have been introduced into Con- 
gress. Doubtless the extensive consolidation 
of railroads has diminished the importance 
of the pooling agreement, yet its reestablish- 
ment would promote stability in rates and re- 
move some of the opportunities for discrimina- 
tion. However, the popular fear of monopoly 
has up to the present time (1913) prevented 
any action. See Interstate Commerce Leg- 
islation; Traffic Agreements. References: 
A. T. Hadley, Railroad Transportation (18S6), 
74-76, 91-96; T. M. Cooley, in McCain, Com- 
pendium of Transportation Theories (1893), 
229-250; Henry Hudson, in Quart. Jour, of 
Econ., V (1891), 70-94. F. H. D. 

POOR LAW GUARDIANS IN ENGLAND. 

By the Poor Law of 1834 (4-5 William IV, c. 
76) the administration of public poor relief 
in England was transferred to boards of guard-, 
ians elected in new districts known as poor 
law unions. There are about 650 such unions 
in England and Wales, made up of groups of 
parishes. They are very unequal in area and 
population, often ignore the ordinary munic- 



POOR LAWS 



ipal boundaries, and are frequently altered. 
Each union has an unpaid board of guardians, 
the members of which (since 1894) are elected 
triennially by the voters of parishes within the 
union, each parish having, as a rule, at least 
one representative. Women are eligible as 
voters and as members of the board. When 
the board of guardians has been elected it may 
add to its membership one or two persons from 
the list of voters. The board also elects its 
own chairman either from among its own 
members or from outside. 

The chief function of the board of guardians 
is the maintenance and care of the union's 
workhouse or poorhouse. It appoints the offi- 
cers of the workhouse, makes various regula- 
tions for its proper conduct and disburses the 
funds derived from the annual levy of the 
poor-rate. The assessment for this levy is, 
however, made not by the guardians but by 
officials known as overseers who are appointed 
by the parish meeting in each parish of the 
union (see Parish Council). Boards of 
guardians may also raise money by loan for 
any permanent object, such as the erection of 
a new workhouse or pauper school; but for 
this they must have the consent of a national 
authority, the local government board {see 
Local Government in England). In fact this 
central authority exercises the strictest sort of 
supervision over all the official doings of the 
guardians. It lays down general rules for 
their guidance, audits their accounts, passes 
upon any regulations they may make, and acts 
as arbitrator in any difficulties which they 
may encounter. 

In addition to providing a workhouse the 
guardians may afford "outdoor relief" to per- 
sons incapacitated by age or otherwise. This 
outdoor relief takes the form of weekly allow- 
ances, but legislation relating to old age pen- 
sions has considerably reduced the strain upon 
the finances of the boards. 

See Local Government in England; 
Parish. 

References: P. F. Aschrott, The English, 
Poor-Laio System ( 1903 ) ; J. Redlich and F. 
W. Hirst, Local Government in England 
(1903), II, 203-223; and P. W. L. Ashley, 
Local Government (1905), eh. v. 

W. B. Munro. 

POOR LAWS. There has never been any 
comprehensive study of the poor laws of the 
United States. Each state has its own poor 
laws, and no effort has been made to secure 
uniform legislation. 

The poor laws of Massachusetts and New 
York have been studied by Dr. John Cum- 
mings; the Connecticut poor laws by Dr. Ed- 
ward Warren Capen. 

The poor laws of Pennsylvania were com- 
piled by Calvin T. Beitel in 1899; the poor 
laws of Michigan were compiled by Justice S. 
Stearns in 1900. But these compilations were 



not accompanied by any comprehensive studies 
of the poor law system of those states. 

For the most part the poor laws of the 
United States have followed either Massachu- 
setts, where the town system of poor relief pre- 
vails, or New York, where county care of the 
poor predominates. In some states both the 
county and town systems obtain. 

In Massachusetts, elaborate "settlement 
laws" exist which complicate the question of 
poor relief according to residence, voting and 
payment of taxes, and have resulted in the 
distinction between state and town paupers. 
Similar laws, less complicated, exist in other 
New England states, but in most of the states 
a settlement is established by a year's resi- 
dence within the state and "state paupers" are 
not recognized. 

Massachusetts and New York have elaborate 
laws and agencies for the deportation of non- 
resident and alien paupers. Similar work, on 
a smaller scale, is done by the state authori- 
ties of Minnesota and Wisconsin. 

In nearly all of the states of the Union, 
almshouses are county institutions, though 
Massachusetts has a state almshouse, Vermont 
has town almshouses, and town almshouses and 
city almshouses exist in a number of the large 
cities of the United States. In some communi- 
ties, as in St. Paul, Minnesota, almshouses and 
public hospitals are maintained by the city and 
county jointly. 

In many states, state boards of charities or 
state boards of control exercise supervision 
over public agencies for the care of the poor 
and pass upon plans for almshouses. 

In most states a portion of the insane, and 
in all states, a large portion of . the feeble- 
minded, are classed as paupers and kept in 
almshouses where the care is generally inade- 
quate. In New York, Minnesota and Califor- 
nia, all indigent insane patients are a state 
charge and are kept in state institutions. 
In Wisconsin and in part of Pennsylvania 
county asylums for insane are maintained 
under laws which ensure a high standard of 
administration and care. 

Systems of "out-door relief" are found in 
most of the states. Except in the larger cities, 
this duty is usually imposed upon county com- 
missioners, township overseers, village trustees 
or other officers who have other important du- 
ties. As a result, outdoor relief is usually 
inefficiently administered and in many com- 
munities it is used as an instrument of party 
politics. 

In a considerable number of states it is for- 
bidden by law to keep children of sound mind 
and body, except infants, in poor houses. 

See Charities, Public Agencies for; Chil- 
dren, Dependent, Care of; Outdoor Relief; 
Poverty and Poor Relief. 

References: Indiana State Board of Chari- 
ties, Reports, 1904, 14-16; 1905, 67; 1908, 
75; E. J. Devine, Principles of Belief (1910); 



734 



POOR MAN'S DOLLAR— POPULAR GOVERNMENT 



Ohio State Board of Charities, Report, 1901, 
231; A. G. Warner, American Charities 
(1908) ; J. Cummings, Poor Laws of Massa- 
chusetts and New York ( 1895 ) ; C. T. Beitel, 
Poor Laws of Pennsylvania (1899) ; E. W. 
Capen, Historical Development of the Poor Law 
of Connecticut ( 1905 ) ; S. Stearns, Compilation 
of Laws Relating to the Support of Poor Per- 
sons in Michigan (1900) ; State Conferences of 



Charities, Proceedings (obtainable from state 
secretaries). H. H. Hart. 

POOR MAN'S DOLLAR. A term applied to 
the silver dollar because of the belief that 
silver coinage was more favorable to the earn- 
ing and laboring class than the gold standard. 
See Silver Coinage Controversy. 

A. B. H. 



POPULAR GOVERNMENT 



Lincoln's Statement. — The most striking outside of a share in popular government even 



sentence penned by Abraham Lincoln was 
"Government of the people, for the people, 
by the people." No political idea has had 
more influence in the last century and a half 
than that of the inherent right of self-govern- 
ment. It is, however, a conception hedged in 
by limitations which are often ignored, and 
which make it in practice different from the 
conventional statements of its meaning. 

Limited Number of People. — At the outset 
arises the question who are the people who are 
to enjoy popular government. At the time 
when the Declaration of Independence declared 
that "It is the right of the people ... to 
institute new government," and the preamble 
of the Federal Constitution asserted that "We 
the people of the United States ... do 
ordain and establish this Constitution," those 
who framed and subscribed those documents 
had in mind only a small proportion of the 
actual individuals then within the limits of 
the United States. 

(1) About one-sixth of the whole popula- 
tion, namely, the negro slaves, were legally 
not members of the body politic (see Negro 
Problem) though many free negroes were citi- 
zens. (2) Aliens were not considered to be a 
part of the people, though by international 
comity or by treaty they had the right to 
go to and fro, to engage in their callings, to 
sue and be sued; and if they remained in the 
country they usually had the opportunity of 
becoming citizens. (3) Even citizens were 
not necessarily part of "the people" in the 
sense of the time. Half the population was 
female, and in the conditions of that time 
entirely ineligible for the suffrage; and the 
legal rights and status of women were so in- 
ferior that they were not even the same kind 
of citizens as non-voting men. (4) Children 
were no part of the legal people, though by 
birth or by the naturalization of their parents 
most of them were citizens. (5) Indians resi- 
dent within the United States, unless they 
abandoned their tribal status, were not citizens, 
and still less a part of the people (see Indi- 
ans, Constitutional and Legal Status of). 
Some of them were subject to slavery. (6) 
Several classes of dependent citizens were also 



735 



when normally voters, such as convicts, inden- 
tured servants and apprentices, prisoners for 
debt, the insane, the imbecile and the paupers. 
( 7 ) Among the full grown free white men above 
21, only a limited number had the suffrage; 
in some colonies not above a third. Of the 
4,000,000 people in the United States in 1790 
probably not more than 250,000 were "people" 
in the constitutional sense. (8) In colonial 
and later times, at the highest, 85 to 90 per 
cent of the qualified voters have taken part 
in elections. Many elections are so close that 
a fraction over fifty per cent of the votes 
cast determines the result; under the usual 
plurality system, less than a third of the votes 
cast may bring in a winning candidate. 

Most of these conditions of Revolutionary 
times still persist sufficiently to make it cer- 
tain that popular government is really minor- 
ity (see) government. In six of the southern 
states the number of actual negro voters in 
proportion to the negro population is not much 
greater than it was in 1790 (see Suffrage, 
Negro). Tribal Indians are still excluded, as 
are children, the defective, the dependent, and 
convicts. Hundreds of thousands of unnatu- 
ralized aliens have no vote. Only in nine 
states (1914) in the Union have women now 
the complete suffrage (see Suffrage; Woman 
Suffrage ) . Government of the people, even 
in the favorable conditions of the United 
States, is no more than government of the 
whole population by the considerable part of 
the adult men who choose to take part in 
elections (see Ballot; Suffrage). 

Types of Popular Government. — Can popular 
government still be a government substantially, 
representing the popular will, and responding 
to the people's own conception of their needs? 
It does persist in four distinct types. 

(1) The simplest form of popular govern- 
ment is the mass meeting of all persons en- 
titled to participate. Many primitive gov- 
ernments had such popular meetings which 
appear in such forms as the ooule of the Greek 
cities, the comitiae of the Roman republic, the 
Saxon witenagemot. There are several surviv- 
als of this nearest approach to a real gov- 
ernment by the people. Chinese, Indian and 



POPULAR GOVERNMENT 



Russian village communities practise it. The 
Landesgemeinde of Appenzell is made up on 
the stated day of 14,000 men, every one girt 
with a sword, who proceed to transact the 
business of their canton viva voce. Some sim- 
ilar gatherings appeared in all the English 
colonies which later became a part of the 
United States. In the South they were simply 
electoral assemblies, in New England they were 
little local governments, which within the field 
assigned them by the colonial legislature made 
their decisions by majority vote. In the rural 
parts of New England such town meetings are 
still going on, every voter having a right to 
take part in discussion and vote {see Town 
Meeting ) . 

(2) The usual form for carrying on popular 
government is a representative assembly, which 
is the great political invention of modern 
times. In the middle ages and later, mem- 
bership in diets and estates was personal; in 
the case of cities, counties or provinces which 
could not be physically present, delegates were 
sent who, however, were really diplomatic 
agents and never truly representatives, since 
they acted solely under instruction from their 
home governments. In various European coun- 
tries, however, particularly in England, there 
grew up a system in which cities and other 
territorial units sent representatives to a 
states general or parliament in which, having 
once been chosen, the delegates voted according 
to their free will, and their vote aided to 
constitute a law which was binding upon their 
constituents. This system of representation 
was transplanted to the North American col- 
onies and there flourished, as nowhere else in 
the world, partly because of a very democratic 
constituency, partly because of mental alert- 
ness and interest in the public business. That 
system, continued in the new state govern- 
ments, has flourished to the present day. 

(3) The simplest form of representative pop- 
ular government is a legislature chosen from 
time to time by those who have the suffrage, 
and creating for itself such executive and 
judicial authorities as it may think necessary. 
Such was the government of some of the Ger- 
man and Italian free cities, and of the earliest 
governments of New England. In the propri- 
etary and royal colonies, the executive author- 
ity was largely determined by the proprietor 
or the Crown. 

(4) For a short time at the beginning of 
the Revolution the congresses and conventions 
of the revolting colonies were pure representa- 
tive governments — barring the fact that the 

• Tory voters, even if in a majority, were by 
force and threats prevented from voting for 
representatives. Every one of those govern- 

) ments was altered within a few years so as to 
include separate executive and judicial de- 

. partments, some of which for the time being 

J sprang from the legislature, some of which 
were chosen in other ways, or appofnted by 



the elective executive. This type of complex 
popular representative government persists in 
the 48 states of the Union, and has had great 
influence as a political system throughout the 
world. 

Representation in Proportion to Numbers. — 
The original basis of representation in all 
forms of popular government was territorial; 
members of parliament stood for boroughs or 
counties, members of the colonial assemblies 
were chosen by towns or counties, usually an 
equal number from each town or county. Thus 
five thousand people in a populous county had 
no more influence in the assembly than a 
thousand people in a sparsely settled county. 
Ever since the Revolution a struggle has been 
going on to break up this system of territorial 
representation, and substitute one of electoral 
districts, nearly equal to each other in popula- 
tion. County representation still has some 
influence in the South; and in New Hampshire, 
Connecticut and Rhode Island, there is still 
town representation. On the other hand, in 
some states containing a large city, especially 
New York, there is a provision that the city 
shall not have more than a fixed proportion of 
the members of at least one house of the state 
legislature. 

This principle of equal electoral districts, 
each voter casting his ballot in the place of 
his domicile, though much disturbed by the 
gerrymander (see), is an assertion of the 
fundamental right of every voter to an equal- 
ity of influence in choosing representatives. 
It is not a universal principle; in Prussia the 
voters are divided into classes so that the 
small number of heavy taxpayers choose as 
many representatives as numerous small tax- 
payers; in England a man may vote in the 
same election in every district in which he 
has the necessary qualifications; and in Bel- 
gium, also, some persons have had more than 
one vote up to 1913. 

Federal Popular Government. — To apply pop- 
ular government to a small country with sim- 
ple conditions is difficult, particularly if, as in 
most European countries, it has to adjust it- 
self to a hereditary king, and house of nobles. 
The difficulty enlarges when the effort is made 
to keep up a popular and responsive govern- 
ment in a great country like France, with 
many millions of population, and a variety of 
commercial, economic and religious interests. 
More difficult still is the application of pop- 
ular government to a federal country, in which 
there are numerous commonwealths, each the 
focus of a separate popular government. ( The 
problem here is to maintain two centers of 
governmental authority, each of which shall 
truly represent the people. All federal gov- 
ernments have a non-popular element in the 
indirect and in some cases hereditary upper 
house of the legislature; and no federation 
has ever attempted to choose its executive 
and judiciary officers by direct popular vote. 



736 



POPULAR GOVERNMENT 



Hence, popular influence is more difficult to 
exert in such governments. On the other hand 
the magnitude and interest of the affairs of 
the nation attract the voters, as is shown in 
the United States by the heavy vote in presi- 
dential as compared with state and municipal 
elections. The experience of the six federal 
governments now flourishing shows that the 
popular will can be expressed and enforced 
through the national government just as 
promptly and effectively as through the com- 
monwealth governments. 

Government by the Minority. — If popular 
government is everywhere minority govern- 
ment, in practice it is carried on by a minor- 
ity of this minority; so that even in very 
democratic states the actual decisions are 
usually made by not more than a tenth of 
the population, who in their turn are frequent- 
ly controlled by a tenth of their own number. 
The difficulty in applying the popular will is 
that positive reform through the alteration of 
existing laws can be carried out only through 
the existing machinery of government, and 
that small numbers of people organized and 
acting together are potent against unorganized 
larger numbers acting as individuals or in 
small groups. 

Nevertheless the rule of the majority is 
practically the only one possible in real popu- 
lar government because if five men want one 
thing and four men want another the pre- 
sumption is that if they break up their gov- 
ernment the five will still be stronger than 
four. In all legislative matters, however, the 
majority means the majority of people chosen 
— or in most cases simply the majority of those 
present — in the two houses of the legislature; 
through irregular or artificial electoral dis- 
tricts that majority may be chosen by a minor- 
ity of the voters; within the legal majority, 
organized as a party, the caucus (see) is com- 
monly considered binding on the dissentients; 
the caucus majority may be under the influ- 
ence of a small number of party leaders, who 
again in some great states in the Union not 
infrequently accept the decisions of a single 
boss. What becomes of popular government 
under this system? 

Indirect Popular Control. — Popular govern- 
ment survives because under the most elabo- 
rate political machinery there is more popular 
control than appears on the surface. The 
boss holds the leaders together because they 
think he can give them good things; those good 
things he provides through his influence on 
administrators and legislators {see Influence 
in Government) ; that influence depends upon 
the belief that the majority of his party will 
stand by him, which ultimately goes back to 
his ability through his friends to control the 
elections. Here comes in a very effective pop- 
ular check. Leaving out of account direct 
frauds and the refusal to record the results 
of the popular election, the party system is 



subject throughout to the danger of absten- 
tion. Americans are very slow to transfer 
themselves from one party to another, but will 
often stay away from the polls and let the 
candidates of the opposite party come in, or 
will vote for a third candidate, knowing that 
their regular party nominees will thereby be 
defeated. 

This simple process of voting according to 
reason and personal interest is greatly aided 
by the appearance from time to time of strong, 
vigorous and independent men from outside the 
party machines, who through other ways than 
politics get the public confidence, and who 
smash party slates and "queer" elections by 
scoring unexpected majorities. Once elected, 
prosecuting attorneys, mayors, governors, pres- 
idents and legislative leaders have unusual op- 
portunities to secure and hold public confidence 
as against the regulation party leaders. The 
beaten boss is always cruising outside the 
port, and will put in again if he can; but 
experience shows that the right kind of a man 
combined with the right kind of issue can in 
many states head and direct a real popular 
government. 

One reason for the tendency to elect such 
men is the growing popular confidence in exec- 
utive heads as centers of legislative influence. 
Mayors, governors and presidents frequently, 
through the conviction that they have the vot- 
ers behind them, compel members of the 
legislature to pass bills for which they have 
very little stomach (see Influence in Gov- 
ernment; President, Authority and Influ- 
ence OF ) . 

Popular Control of Party Machinery. — Rep- 
resentatives the world over probably average 
as high in character and public spirit as the 
majority of their constituents, but do not 
necessarily average higher, and are much more 
subject than the electorate to personal influ- 
ences good and bad. In the United States the 
control of the nominating machinery by the 
machine makes it impossible in ordinary elec- 
tions to be elected at all without the imprima- 
tur of the party leader, and that is the reason 
why the monied interests are able by their 
relations with party leaders to see that some 
members, and often a majority of members, in 
a legislative body are friendly to them. The 
direct primary (see) is a device for keeping 
government popular by enabling people to 
get on the party ticket without the leader's 
endorsement ; and. though not free from manip- 
ulation it considerably increases the chance 
of the majority in a district getting a repre- 
sentative to their mind. The initiative (see) 
and referendum (see) are similar devices to 
act when the majority in the legislature gets 
out of touch with the majority of electors. 
While very different in principle and working 
from the legislation of a town meeting or other 
mass of voters, the initiative and referendum 
restore to the majority a power which has 



737 



POPULAR SOVEREIGNTY 



often been usurped. The usual objection to 
the initiative and referendum is that crude, 
ill digested, and conflicting measures may 
thus be adopted; to which the obvious 
answer is that genuine popular govern- 
ment includes the legal right to legislate 
crudely and ill advisedly. 

Constitutional Limitations on Popular Gov- 
ernment. — How far do the limitations of mod- 
ern constitutions in general interfere with pop- 
ular governments? So far as they require 
elections at stated periods for named officials 
with a fixed term of tenure, the popular will is 
restrained from making changes during the time 
limit of such regulations; though in the latter 
days a system of recall (see) has been insti- 
tuted in some states, whereby the terms may 
be cut short. The recall, however, is only an 
extension of the system of short terms and 
rotation in office which was long obtained in 
the United States. The people bind themselves 
also by their constitutions to acknowledge au- 
thority exercised by various officials and parts 
of the government upon the relations of human 
life. Thus the governor vetoes and pardons; 
the courts hear and decide causes and pass 
on the validity and meaning of legislation; 
the legislatures lay taxes, but not on certain 
kinds of property nor above a certain propor- 
tion to the assessed valuation. The people are 
bound by these gifts and withdrawals of pow- 
er, so long as the constitution lasts; and 
inasmuch as the Federal Constitution is very 
difficult of amendment, popular government 
seems to be specially restricted by its provi- 
sions. 

In the states the people have what has be- 
come the swift and easy remedy of changing 
a constitution; and the present tendency is 
to decrease the powers of the legislature while 
increasing to the people the opportunities of 
reviewing the action of the government 
through the agency of the initiative, the refer- 
endum and the recall. 

Success of Popular Government. — In the long 
run popular government tends to recover its 
own balance. The things that are done in 
a decade in any state are in general the things 
desired by the majority of the voters who 
put their minds on public affairs. One proof 
of this success is the large number of voters, 
especially among the richest and most highly 
educated part of the community, who do not 
vote or much exert themselves in government, 
the reason being that on the whole they think 
their interests sufficiently conserved by the gov- 
ernment of the people who do vote. In the 
long run, what agency, individuals or combina- 
tion of individuals within the United States 
could furnish a better government than the 
people themselves? The essence of free gov- 
ernment, like the theory of salvation, is free 
will; but free will is not shut in to the 
right to choose righteously, it includes the 
J'ight to choose evil if one so prefers. There 



is no theory of government or constitutional 
principle which will allow the people or their 
agents to exercise enlightened discretion for 
the public welfare, but will forbid them to 
work public ill. Popular government is noth- 
ing occult, it is in the last resort only the 
recognition of the principle that the body 
of people in a state acting through a majority 
of those physically and morally qualified, and 
having therefore an actual predominance of 
will, knows better what it wants and is more 
likely to secure it than any small body of 
persons who may be selected for them by any 
process known to man. 

See Ballot; Bureatjckacy ; Centraliza- 
tion; Checks and Balances; Communism; 
Democracy, History of; Government, The- 
ory of; Initiative; Legislation, Direct; 
Liberty, Legal Significance of; Local 
self-government ; machine, political; ma- 
JORITIES, Theories of; Minorities, Rights 
of; Minority Representation; People, 
Definition of; Public Opinion and Popular 
Control; Recall; Referendum; Representa- 
tive Government; Responsible Government; 
Social Compact Theory; Societies, Legal 
Status of; Sovereignty of the People; 
State, Theory of ; Suffrage ; Voting, Prefer- 
ential. 

References: J. Bryce, Am. Commonwealth 
(4th ed., 1910), II, chs. lxxvi-lxxxvii ; W. E. 
H. Lecky, Democracy and Liberty (1896) ; 
Sir H. S. Maine, Popular Government (1886) ; 
M. Ostrogorski, Democracy and the Organiza- 
tion of Pol. Parties (1902) ; Alexis de Tocque- 
ville, Democracy in America (Reeve's trans., 
1835; Bowen's trans., 1863) ; C. W. Eliot, Am. 
Contributions to Civilization (1897); J. S. 
Mill, Essay on Liberty (3d ed., 1864) ; Edmond 
Kelly, Government or Human Evolution 
(1900); Elisha Mulford, The Nation (1871); 
C. E. Merriam, Hist, of Am. Pol. Theories 
(1903) ; A. B. Hart, National Ideals Histori- 
cally Traced (1907) ; Hugo Mtinsterberg, The 
Americans ( 1904 ) . 

Albert Bushnell Hart. 

POPULAR SOVEREIGNTY. During the pe- 
riod from 1789 to 1861, two distinct policies 
prevailed with respect to the government of 
the territories belonging to the United States. 
Until the Mexican War, Congress acted upon 
the theory that it possessed full constitutional 
power to govern them. The status of all the 
territory of the United States with respect to 
slavery had been fixed prior to the Mexican 
War. In anticipation of the acquisition of 
territory by that war, the issue was raised 
whether slavery should exist therein. This 
issue Lewis Cass (see) sought to solve by 
evolving the theory afterward designated as 
the doctrine of popular sovereignty. He ar- 
gued that the Constitution nowhere clearly 
grants Congress general legislative authority 
over the territories. Its control should there- 



738 



POPULAR VOTE FOR PRESIDENT— POPULATION OF THE UNITED STATES 



fore be limited to the necessary minimum of 
organizing territorial governments, leaving to 
the. inhabitants the regulation of their domes- 
tic affairs. 

This doctrine constituted Cass's chief polit- 
ical asset in the election of 1848. It was 
again advocated in the compromise debates^ of 
1850, but failed of acceptance, since Congress 
avoided all reference to slavery in the Utah 
and New Mexico territorial acts. Notwith- 
standing this, in 1854 Douglas made the asser- 
tion that in 1850 Congress had consciously 
substituted the principle of popular sovereign- 
ty for the old policy of congressional control 
of the territories, the pretext for repealing the 
Missouri Compromise {see Compromise of 
1820) restriction. By the Nebraska bill, Con- 
gress formally committed itself to the new 
territorial policy. The bill, however, contained 
two vital defects. It ignored the deep interest 
of the nation in the result of the contest over 
Kansas; and it was equivocal in not stating 
clearly when the privilege of local determina- 
tion should become operative. Bleeding Kan- 



sas was the logical result. The career of the 
doctrine of popular sovereignty was termi- 
nated by the decision in the Dred Scott case 
{see) which upheld the right of slavery to 
enter all the territories. 

See Cass, Lewis; Compromise of 1820; 
Compromise of 1850; Dred Scott Case; 
Kansas-Nebraska Bill; Kansas Struggle; 
Slavery Controversy. 

References: J. F. Rhodes, Hist, of U. S. 
from the Compromise of 1850 (1893), I, II; 
A. C. McLaughlin, Lewis Cass (1891); G. P. 
Garrison, Westward Extension (1906) ; T. C. 
Smith, Parties and Slavery ( 1906 ) ; J. B. Mc- 
Master, Hist, of the People of the U. S., VII 
(1910), VIII (1913) ; A. Johnson, Stephen A. 
Douglas (1908). Milo M. Qttajfe. 



POPULAR VOTE FOR PRESIDENT. 

Vote, Popular. 



See 



POPULAR VOTES ON LEGISLATIVE 
QUESTIONS. See Votes, Popular, on Leg- 
islative Questions. 



POPULATION OF THE UNITED STATES 



Rapid Growth. — The increase of the popula- 
tion of the United States is a phenomenon 
such as has never before been recorded in any 
country. As recorded by the decennial cen- 
suses, this population has doubled three times 
since 1790, when the first census was taken; 
in 1820, again in 1850, and again in 1880, 
each period being 30 years. At the present 
rate of growth, the population will double for 
the fourth time at the census of 1920. The 
actual rate of growth has been much more 
rapid than this, however, as is shown by esti- 
mating the population for each year, on the 
assumption that the yearly increase is equal 
to one-tenth of the increase in ten years shown 
by the decennial census. On that basis the 
population of the United States has already 
doubled four times, will probably double 
for the fifth time about 1934, and for 
the sixth time about 1987, as may be indicated 
by the following table : 



TABLE I.— DOUBLING OB 


POPULATION 


Year 


Population 


Year 

1813 
1838 
1862 
1892 
1934 
1987 


Population 


1790 
1813 
1838 
1862 
1892 
1934 


3,929,214x2= 7.858,428 
7,959,452X2= 15,918.904 
16.228,765X2= 32.457,530 
32.866,331X2= 65,732,662 
67,347,000X2=134.694.000 
135,577,286 X 2=271,154,572 


7,959,452 

16,228,765 

32,866,331 

67,347,000 

135,577,286 

272,862,003 



The periods within which the population has 
doubled, by this method of calculation, and is 
likely to continue to double, are as follows: 
1st, 23 years; 2d, 25 years; 3d, 24 years; 
4th, 30 years; 5th, 42 years; 6th, 53 years. 



It is true that the rate of increase is de- 
creasing — a fact which makes calculations as 
to future increase purely speculative; but that 
the population of continental United States 
will approximate 300,000,000 by the end of 
the twentieth century seems probable. So that 
the pressure of population upon the means of 
subsistence is destined in time to create a 
problem similar to that which already exists 
in England, India, and some other countries. 
This question of overpopulation has not as 
yet become important. The population per 
square mile of the continental area of the 
United States in 1910 was 30.09. The most 
densely populated state was Rhode Island, with 
508 per square mile, while in the entire moun- 
tain division, no state exceeded a population 
of 7.7 per square mile. The density of popu- 
lation in the United States, as above stated, 
may be compared with that of England, 559 
per square mile, Belgium, 563.7, British India, 
223.8, and China, 225.6. 

Before 1790. — There was no complete enu- 
meration of the population of what is now the 
United States prior to the first federal census 
of 1790. A number of enumerations were made 
of different colonies at the instance of the 
British board of trade, all of them fragmen- 
tary and imperfect. A full account of them 
and their results appears in A Century of 
Population Growth by William S. Rossiter, 
published by the Census Office in 1909. Esti- 
mates of the population of the colonies have 
been made by Prof. F. B. Dexter, George Ban- 
croft, the historian, and J. B. D. De Bow, 



739 



POPULATION OF THE UNITED STATES 



superintendent of the seventh, census (1850) 
with results widely different. Professor Dex- 
■ter's estimate puts the population ojf the 
colonies at 25,000 in 1640; 500,000 in 1721; 
1,000,000 in 1750; 1,610,000 in 1760; and 
2,205,000 in 1770. 

Population by Thirteenth Census. — The ac- 
tual population as returned at the thirteen 
federal censuses is shown in the following 
table, in which is also given the area as stated 
at each decade, and the percentage of increase 
in the preceding ten years: 



Louisiana purchase, the annexation of Texas, 
the Mexican cession, and the extinction of the 
British claims to the Oregon territory. With 
allowance for these increases in area, the rate 
of population increase has been less irregular 
than appears. The actual rate of increase has 
probably diminished steadily except in the de- 
cade ending in 1870, which was affected by the 
Civil War, and in which year the census of 
the southern states was declared by Francis 
A. Walker, who superintended it, to have been 
very defective. 





TABLE II.— INCREASE OF POPULATION BY DECADES 




Census 


Land Area, 
sq.. miles 


Population 


Increase 


Percentage of 
Increase 


Number of Per- 
sons persq.mile 

* 


1790 


819,466 


3,929,214 






4.8 


1800 


819,466 


5,308,483 


1,379,269 


35.1 


6.5 * 


1810 


1,698,107 


7,239,881 


1,931,398 


36.4 


4.3 


1820 


1,752,347 


9,638,453 


2,398,572 


33.1 


5.5 


1830 


1,752,347 


12,866,020 


3,227,567 


33.5 


73 


1840 


1,752,347 


17,069,453 


4,203,433 


32.7 


9.7 


1850 


2,939,021 


23,191,876 


6,122,423 


35.9 


7.9 


1860 


2,970,038 


31,443,321 


8,251,445 


35.6 


10.6 


1870 


2,970,038 


38,558,371 


7,115,050 


22.6 


13.0 


1880 


2,970,038 


50,155,738 


11,597,412 


30.1 


16.9 


1890 


2,970,038 


62,947,714 


12,466,467 


24.9 


21.1 


1900 


2,970,230 


75,994,575 


12,946,436 


20.7 


25.4 


1910 


2,970,230 


91,972.266 


15,977,691 


21.0 


30.1 



This table includes- only the population of 
what is known as continental United States, 
exclusive of all outlying possessions, such as 
Alaska, Hawaii, etc. In 1910, the total popu- 
lation under the Federal Government was about 
101,100,000, including 64,356 in Alaska; 191,- 
909 in Hawaii; 1,118,012 in Porto Pico; 55,608 
in military and naval service abroad; 7,635,426 
in the Philippine Islands (as returned by the 
census taken by the War Department in 1903 ) ; 
and estimates of the population of the islands 
of Guam and Samoa, and of the Panama Canal 
Zone. 

Diminishing Rate. — The rate of increase in 
population by decades must be measured by 
the increase in land area occurring at inter- 
vals, the most important of which were the 



Comparative Population and Rate of Growth. 
— Nevertheless it remains a greater rate of 
increase than that of any other country of 
like civilization, with the single exception of 
Argentina. The present rate of increase is 
probably double the average rate of increase 
in Europe, and exceeds by one-sixth that of 
Mexico and by one-tenth that of Australia. It 
has been, prior to 1910, nearly double that of 
Canada. The only three nations having a lar- 
ger population than that of the United States 
are the Chinese Empire, the British Empire, 
and the Kussian Empire. The following table 
indicates the population and percentage of 
population increase Of the principal foreign 
countries, as compared with that of the United 
States : 



TABLE III— INTERNATIONAL COMPARISON 





Latest Census 


Preceding Census 


Increase 


Per cent of 


Country 










of 


Decennial 












Date 

1895 


Population 


Date 


Population 


Population 

2,217,989 


Increase 


Argentina 


3,954,911 


1869 


1,736,922 


37.2 


Australia (Common- 














wealth)- 


1901 


■ 3,767,443 


1891 


3,174,253 


593,190 


18.7 


Mexico 


1910 


15,063,207 


1900 


13,545,462 


1,517,745 





German Empire 


1910 


64,903,423 


1900 


56.367,178 


8,536,245 


11. 


Greece 


1896 


2,433,806 


1889 


2,187,208 


246,598 


15.3 


Netherlands 


1909 


5,898,429 


1899 


5.104,137 


794,292 


15. 


England and Wales- 


1911 


36,075,269 


1901 


32,526,075 


3,547,426 


10.9 


Denmark _____ 


1901 


2,464,770 


1890 


2,185,335 


279,435 


11.6 


Switzerland 


1900 


3,315,443 


1888 


2,917,754 


397,689 


11.2 


Canada - — 


1911 


7,204,772 




5,371.315 


1,833,457 


34.13 


Scotland __ 


1911 


4,759,445 


1901 


4,472,103 


287,342 







1910 
1900 
1910 
1910 


2,392,698 

6.693,810 

20.850,700 

28,567,898 


1900 
1890 
1900 
1900 


2,221,477 
6,069,321 
19,254,559 ■ 
26.150,708 


171,221. 

624,489 

• 1,536,141 

2,417,190 






10.3 






Austria _ __ _ 





Sweden __ _ _ 


1910 


5,476,441 


1900 


5,136,441 


* 340,000 





Italy ___ 


1901 


32,475,253 


1881 


28,459,628 


4,015,625 


7.2 




1901 
1901 


294,266,701 
38,590,500 


1891 
1896 


287.317,048 
38,269,011 


6,949,653 
321,489 


2.4 


France - 


1.7 


Ireland ______ 


1911 


4,381,951 


1901 


• 4,456,546 


125,405 * 





United States 


1910 


75,994.575 


| 1900 


62.947.714 


13.046,861 


20.7 



* Decrease 



740 



POPULATION OF THE UNITED STATES 



Hiibner's GeographiscJi-Statistiche Tabellen 
for 1901 contains an interesting diagram rep- 
resenting graphically the' population increase 
of the United States and of the leading Euro- 
pean countries in the nineteenth century ; it in- 
dicates that at the beginning of the century, 
Great Britain, Russia, France, Germany, Aus- 
tria, Spain, and Turkey had larger populations 
than the United States; while at the close ^of 
the century this country had outstripped all 
but Russia, and was increasing at a more rapid 
rate than the latter. 



Nebraska shows the smallest rate of increase, 
0.3 per cent, Kansas follows with 3.0 per cent, 
and the three New England states of Vermont, 
Maine and New Hampshire follow. The great- 
est increase, 120.4 per cent, was in Washing- 
ton, followed by Oklahoma, 109.7 per cent, and 
Idaho, 101.3 per cent. The states which show 
an increase exceeding 30 per cent, with the 
exception of Florida and New Jersey, are all 
located in the west, and make up a solid belt 
including one-third of the area of the United 
States. The rate of increase. 1900-1910, was 




The Center of Population of the United States 



Geographical Divisions. — In addition to the 
division by states, the United States census 
now divides the population by nine geographi- 
cal divisions. The table on the following pages 
indicates the population of each division and 
state at the last three censuses, the increase 
from 1890 to 1910, with per cent of increase, 
the rank of each in population, 1900-1910, and 
the population of each state per square mile 
at the last two censuses. 

This table is an instructive exhibit of the 
incidence of the population changes now in 
progress. The middle Atlantic, the west south 
central, the mountain, and the Pacific, are 
the only four of the nine geographical divi- 
sions which show an increase in 1910 equal to 
or in excess of the average rate of population 
increase in continental United States. The 
east north central and the west north central, 
comprising the prairie states, where the growth 
was most rapid thirty years ago, show an 
increase of but 14.2 and 12.5 respectively, and 
one state, Iowa, shows a decrease of 0.3 per 
cent — the only state in the Union where this 
occurred. It is largely explained by the emi- 
gration of agricultural population to the new 
farming districts of the Canadian Northwest. 



741 



greater than during the previous decade in 
twenty-six of the forty -eight states, fifteen of 
them being west of the Mississippi River. It 
was less than during the previous decade in 
twenty-three states, sixteen of which are east 
of the Mississippi. 

The rates of increase in the northern and 
southern states during the past thirty years 
were practically the same — in marked contrast 
with the record of previous censuses. But the 
character of the growth differs widely in the 
two sections, there being a relatively uniform 
growth in the South, equalizing a balance in 
the North between a lower rate of rural 
growth and a higher rate of urban growth. 
The fact that the rate of increase for the 
country as a whole was greater from 1900 to 
1910 than during the previous decade was due 
wholly to the increase in immigration, as will 
appear when the full reports of the thirteenth 
census are available. It was further due to 
the increased rate of growth in the middle 
Atlantic, mountain, and Pacific divisions, the 
increase in the remaining six divisions being 
less than at the prior census. Thus immigra- 
tion into the country, and migration within 
the country, are the two significant factors. 



POPULATION OF THE UNITED STATES 



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743 



POPULATION OF THE UNITED STATES 




744 



POPULATION OF THE UNITED STATES 




from 80° Greenwich 



Distribution of the Population in 1790 



The middle Atlantic division, in which are 
located New York and Pennsylvania, demon- 
strates the growth of the great manufacturing 
states in contrast with the comparatively sta- 
tionary position of the agricultural states, 
with the exceptions above noted. 



Urban Growth. — This is the most significant 
development of the census of 1910 — a devel- 
opment further marked by the fact that the 
population growth of these manufacturing' 
states is almost wholly confined to the cities, 
the strictly rural districts of these states show- 



745 



POPULATION OF THE UNITED STATES 




Distribution of the Population East of the 100th Meridian in 1810 



ing in many instances an actual decline in 
population. In New York, where there was 
an increase of 25.4 per cent, twenty of the 
sixty-one counties have decreased in population 
since 1900. In that year one-half of all the 
counties in the United States, of which there 



are 2800, either decreased in population or 
showed an increase of less than 15 per cent. 
In the states of Ohio, Indiana, Illinois, Mich- 
igan, Wisconsin, Minnesota, Iowa, Missouri, 
Kentucky, and Tennessee, comprising the great 
northern middle section of the country, and 



746 



POPULATION OF THE UNITED STATES 




Longitude 85° West 



fr-om 80 Greenwich 



Distribution of the Population East of the 100th Meridian in 1830 



formerly the heart of the agricultural district, 
440 out of 950 counties decreased from 1900 
to 1910. In other words, with the exceptions 
noted, the population increase is almost whol- 
ly confined to municipalities, to increase in 
the urban population. Curiously enough, this 



population increase has been accompanied by 
a great increase in farm values and the value 
of farm products. 

This rapid encroachment of the urban 
upon the rural population is the most signifi- 
cant deduction to be drawn from our recent 



06 



747 



POPULATION OF THE UNITED STATES 




Longitude "West 85° from Greenwich 



Distribution of the Population East of the 100th Meridian in 1850 



censuses. As defined by the Census Office, ur- 
ban population is that residing in cities and 
other incorporated places of 2,500 inhabitants 



or more. The proportions of urban and rural 
population, under this classification, are shown 
in the following table: 



TABLE V.-URBAN AND RURAL POPULATION 



Population 




Number 




Per 


Cent Distribution • 


1910 


1900 


1890 


1910 


1900 


1890 


Total 


91,972.266 


75.994,575 


62.947,714 

22.708,430 
40,239,284 


100.0 


100.0 


100.0 


Urban 

Rural 


42.623.383 

49.348,883 


30,780,875 
45,213,700 


46.3 
53.7 


40.5 
59.5 


36.1 
63.9 



748 



POPULATION OF THE UNITED STATES 



It is thus obvious that by the time another 
federal census is taken, the percentage of the 
urban population will be larger than that in 



strictly rural districts. The incidence of this 
change, by states and geographical divisions, 
is shown in the following table: 



TABLE VI.— URBAN POPULATION BY STATES AND GEOGRAPHICAL DIVISIONS 



State or Territory 



Continental United States 
New England Division 

Maine 

New Hampshire 

Vermont 

Massachusetts 

Rhode Island 

Connecticut 

Middle Atlantic Division 

New York 

New Jersey 

Pennsylvania 

East North Central Division . 

Ohio 

Indiana i 

Illinois 

Michigan 

Wisconsin 

West North Central Division 

Minnesota 

Iowa 

Missouri 

North Dakota 

South Dakota 

Nebraska 

Kansas 

South Atlantic Division 

Delaware 

Maryland 

District of Columbia 

Virginia 

West Virginia 

North Carolina 

South Carolina 

Georgia 

Florida 

East South Central Division 

Kentucky 

Tennessee 

Alabama 

Mississippi 

West South Central Division 

Arkansas 

Louisiana 

Oklahoma 

Texas 

Mountain Division 

Montana 

Idaho 

Wyoming 

Colorado 

New Mexico 

Arizona 

Utah 

Nevada 

Pacific Division 

Washington 

Oregon 

California 



Population, 1910 



Total 



91,972,266 



6,552,681 



742,371 
430,572 
355.956 

3,366,416 
542,610 

1,114,756 
19,315,892 



9,113,614 

2,537,167 

7,665,111 

18,250,621 



4,767,121 
2,700,876 
5,638,591 
2,810,173 
2,333,860 
11,637,921 



2,075,708 

2,224,771 

3,293,335 

577,056 

583,888 

1,192,214 

1,690,949 

12,194,895 



202,322 
295,346 
331,069 
061,615 
221,119 
206,287 
515,400 
609.121 
752,619 
409,901 



2,289.905 
2,184,789 
2,138,093 
1,797,114 

8,784,534 



1,574,449 
1,656,388 
1,657,155 
3,896,542 

2,633.517 



376.053 
325,594 
145.965 
799,024 
327,301 
204.354 
373.351 
81,875 
1,192,304 



1,141.990 

672,765 

2,377,549 



Urban 



42,623,383 



5,455,345 



381,443 
255,099 
168,943 
3,125,367 
524,654 
999,839 
13,723,373 



7,185,494 
1,907,210 
4,630,669 

9,617,271 



2,665,143 
1,144,835 
3,476,929 
1,327,044 
1,004,320 
3,873,716 



850,294 

680,054 

1,398,817 

63,236 

76,673 

310,852 

493,790 

3,092,153 



97,085 
658,192 
331,069 
476,529 
228,242 
318,474 
224,832 
538.650 
219,080 

1,574,229 



555.442 
441,045 
370,431 
207,311 

1,957,456 



202.681 
496.516 
320,155 
938,104 

947,511 



133,420 
69,898 
43,221 

404.840 
46,571 
63.260 

172.934 
13,367 

2,382,329 



605.530 

307,060 

1,469,739 



Per Cent of Urban in 
Total Population 



1910 


1900 


46.3 


40.5 


83.3 


79.9 


51.4 


48.6 


59.2 


55.0 


47.5 


40.5 


92.8 


91.5 


96.7 


95.1 


89.7 


87.2 


71.0 


65.2 


78.8 


72.9 


75.2 


70.6 


60.4 


54.7 


52.7 


45.1 


55.9 


48.1 


42.4 


34.3 


61.7 


53.9 


47.2 


39.3 


43.0 


38.2 


33.3 


28.5 


41.0 


34.1 


30.6 


25.6 


42.5 


36.3 


11.0 


7.3 


13.1 


10.2 


26.1 


23.7 


29.2 


22.5 


25.4 


21.4 


48.0 


46.4 


50.8 


49.8 


100.0 


100.0 


23.1 


18.3 


18.7 


13.1 


14.4 


9.9 


14.8 


12.8 


20.6 


15.6 


29.1 


20.3 


18.7 


15.0 


24.3 


21.8 


20.2 


16.2 


17.3 


11.9 


11.5 . 


7.7 


22.3 


16.2 


12.9 


8.5 


30.0 


26.5 


19.3 


7.4 


24.1 


17.1 


36.0 


32.3 


35.5 


34.7 


21.5 


6.2 


29.6 


28.8 


50.7 


48.3 


14.2 


' 14.0 


31.0 


15.9 


46.3 


38.1 


16.3 


17.0 


56.8 


46.4 


53.0 


40.8 


45.6 


32.2 


61.8 


52.4 



1890 



75.8 



45.2 
51.1 
35.2 
89.5 
94.5 
83.5 

57.7 



64.9 
60.7 



37.8 



41.0 
26.9 
44.5 
34.7 
33.2 
25.8 



33.8 
21.2 
32.0 
5.6 
8.2 
27.4 
19.1 
19.5 



42.2 
47.6 
100.0 
17.1 
10.7 
7.2 
10.1 
14.0 
19.8 
12.7 



19 2 
13.5 
10.1 
5.4 
15.1 



6.5 
25.4 

3.7 
15.6 

29.3 



27.1 

3~4~3 
45.0 
6.2 
9.4 
35.7 
33.8 

42.5 



As a result of this concentration of munic- 
ipal population, the United States now has 



three cities with a population of over one 
million (four, if Brooklyn is considered sepa- 



rately from New York) ; nineteen cities with 
populations of over 250,000, four of which, 
Newark, Los Angeles, Minneapolis and Jersey 
City, have advanced into this group since 



749 



POPULATION OF THE UNITED STATES 




750 



POPULATION OF THE UNITED STATES 



1900; fifty cities with a population of over 
100,000; and 178 cities with a population of 
between 25,000 and 100,000. Seventy of this 
latter number have risen above 25,000 since 



1900. The following table shows the fifty 
cities of over 100,000 population, with their 
population at the last three censuses, and the 
percentage of increase: 



TABLE VII.-CITIES OF OVER 100,000 POPULATION IN 1910 



City 



Total for cities of over 100,000 
population 

Albany, N. Y. ___ *__ 

Atlanta, Ga. 

Baltimore, Md. 

Birmingham. Ala 

Boston. Mass. 

Bridgeport, Conn. 

Buffalo, N. Y. 

Cambridge, Mass. 

Chicago, 111. 

Cincinnati, Ohio 

Cleveland, Ohio 

Columbus, Ohio 

Dayton, Ohio 

Denver, Colo. 

Detroit, Mich. 

Fall River, Mass. 

Grand Rapids, Mich. 

Indianapolis, Ind. 

Jersey City, N. J. 

Kansas City, Mo. 

Los Angeles, Cal. 

Louisville, Ky. — 

Lowell. Mass. 

Memphis, Tenn. 

Milwaukee, Wis. 

Minneapolis, Minn. 

Nashville, Tenn. 

Newark, N. J. 

New Haven, Conn. 

New Orleans, La. 

New York, N. Y. 

Oakland, Cal. 

Omaha, Neb. 

Paterson, N. J. 

Philadelphia, Pa. 

Pittsburg, Pa. 

Portland, Oreg. 

Providence, R. I. 

Richmond, Va. 

Rochester, N. Y. 

St. Louis. Mo. 

St. Paul, Minn. 

San Francisco, Cal. 

Scranton, Pa. 

Seattle, Wash. 

Spokane, Wash. 

Syracuse, N. Y. 

Toledo, Ohio 

Washington. I). C. 

Worcester, Mass. 



Population 



1910 



20,302.138 



100,253 
154,839 
558,485 
132,685 
670,585 
102,054 
423,715 
104,839 

2,185,283 
363,591 
560,663 
181,511 
116,577 
213,381 
465,766 
119,295 
112,571 
233,650 
267,779 
248,381 
319,198 
223,928 
106,294 
131,105 
373,857 
301,408 
110,364 
347,469 
133,605 
339,075 

4,766,883 
150,174 
124,096 
125,600 

1,549,008 
533,905 
207,214 
224,326 
127,628 
218,149 
687,029 
214,744 
416,912 
129.867 
237,194 
104,402 
137,249 
168,497 
331,069 
145,986 



1900 



15,199,375 



1890 



11,470,364 



94,151 


94,923 


89,872 


65,533 


508,957 


434,439 


38,415 


26,178 


560,892 


448,477 


70,996 


48,866 


352,387 


255,664 


91,886 


70,028 


1,698,575 


1,099.S50 


325,902 


296,908 


381,768 


261,353 


125,560 


88,150 


85,333 


61,220 


133,859 


106,713 


285,704 


205,876 


104,863 


74,398 


87,565 


60,278 


169,164 


105,436 


206,433 


163,003 


163,752 


132,716 


102,479 


50,395 


204,731 


161,129 


94,969 


77,696 


102,320 


64,495 


285,315 


204,468 


202,718 


164,738 


80,865 


76,168 


246,070 


181,830 


108,027 


81,298 


287,104 


242,039 


3,437,202 


2 2,507,414 


66,960 


48,682 


102,555 


140,452 


105,171 


78,347 


1,293,697 


1,046,964 


3 451,512 


3 343,904 


90,426 


46,385 


175,597 


132,146 


85,050 


81,388 


162,608 


133,896 


575,238 


451,770 


163,065 


133,156 


342,782 


298,997 


102,026 


75,215 


80,671 


42,837 


36,848 


19,922 


108,374 


88,143 


131,822 


81,434 


278,718 


230,392 


118,421 


84,655 



Per Cent of Increase 



1900 to 1910 


1890 to 1900 


33.6 


32.5 


6.5 


^.S 


72.3 


37.1 


9.7 


17.2 


245.4 


46.7 


19.6 


25.1 


43.7 


45.3 


20.2 


37.8 


14.1 


31.2 


28.7 


54.4 


11.6 


9.8 


46.9 


46.1 


44.6 


42.4 


36.6 


39.4 


59.4 


25.4 


63.0 


38.8 


13.8 


40.9 


28.6 


45.3 


38.1 


60.4 


29.7 


26.6 


51.7 


23.4 


211.5 


103.4 


9.4 


27.1 


11.9 


22.2 


28.1 


58.6 


31.0 


39.5 


48.7 


23.1 


36.5 


6.2 


41.2 


35.3 


23.7 


32.9 


18.1 


18.6 


38.7 


37.1 


124.3 


37.5 


21.0 


>27.0 


19.4 


34.2 


19.7 


23.6 


18.2 


31.3 


129.2 


94.9 


27.8 


32.9 


50.1 


4.5 


• 34.2 


21.4 


19.4 


27.3 


31.7 


22.5 


21.6 


14.6 


27.3 


35.6 


194.0 


88.3 


183.3 


85.0 


26.6 


23.0 


27.8 


61.9 


18.8 


21.0 


23.3 


39.9 



1 Decrease. 

2 Estimated population in 1890 of the area of present New York. The population of New York as it 
existed in 1890 was 1,515,301. 

3 Includes population of Allegheny, which was, in 1900, 129,896, and in 1890, 105,287 



The ten largest cities in the world are shown 
in the following table, three of the ten being 



in the United States, New York ranking second 
and Chicago fifth: 



TABLE VIII— TEN LARGEST CITIES IN THE WORLD 



City 


Year of 
Census or 
Estimate 


Population 


1. London 

2. New York 

3. Paris 


1909 
1910 
1906 
1908 
1910 


7,429.740 
4,766,883 
2,763,393 


4. Tokyo 

5. Chicago 


2,186.079 
2,185,283 



City 



6. Vienna 

7. Berlin 

8. St. Petersburg 

9. Philadelphia _. 
10. Moscow 



Year of 
Census or 
Estimate 



1909 
1910 
1905 
1910 
1907 



Population 



2.085,888 
2,064,153 
1,678,000 
1,549,008 
1,359,254 



751 



POPULATION OF THE UNITED STATES 




752 



POPULATION OF THE UNITED STATES 



TABLE IX, 



-POPULATION OP THE UNITED STATES, BY DIVISIONS AND STATES, WITH 
RANK ACCORDING TO POPULATION, AT EACH CENSUS, 1790-1910 



Geographic Division 
and 
State 



Continental United States _. 



Geographic Divisions : 

New England 

Middle Atlantic 

East North Central . 
West North Central 

South Atlantic 

East South Central _ 
West South Central 

Mountain 

Pacific 



New England : 

Maine 

New Hampshire 

Vermont 

Massachusetts 

Rhode Island 

Connecticut 

Middle Atlantic : 

New York 

New Jersey 

Pennsylvania 

East North Central : 

Ohio 

Indiana 

Illinois 

Michigan 

Wisconsin 

West North Central : 

Minnesota 

Iowa 

Missouri 

North Dakota 

South Dakota 

Nebraska 

Kansas — — 

South Atlantic : 

Delaware 

Maryland 

District of Columbia 

Virginia 

West Virginia 

North Carolina 

South Carolina 

Georgia 

Florida 

East South Central : 

Kentucky 

Tennessee 

Alabama 

Mississippi 

West South Central : 

Arkansas 

Louisiana 

Oklahoma 

Texas — 

Mountain : 

Montana 

Idaho 

Wyoming 

Colorado 

New Mexico 

Arizona 

Utah 

Nevada 

Pacific : 

Washington 

Oregon 

California 



Noncontiguous territory 



Alaska 

Hawaii 

Porto Rico 

Military and naval 11 



1910 



Pop. 



91,972,266 



6,552,681 

19,315,892 

18,250,621 

11,637,921 

12,194,895 

8,409,901 

8.784,534 

2,633,517 

4,192,304 



742,371 
430,572 
355.956 

3,366,416 
542,610 

1,114,756 

9,113,614 
2,537,167 
7,665,111 

4,767,121 
2,700.876 
5,638,591 
2,810,173 
2,333,860 

2,075,708 
2.224,771 
3,293,335 
577,056 
583,888 
1,192,214 
1,690,949 

202,322 
1,295,346 

331,069 
2,061,612 
1,221,119 
2,206,287 
1,515.400 
2,609,121 

752,619 

2,289,905 
2,184,789 
2,138,093 
1,797,114 

1,574,449 
1,656,388 
1,657,155 
3,896,542 

376,053 
325,594 
145,965 
799,024 
327,301 
204,354 
373,351 
81,875 

1,141,990 

672.765 

2,377,549 



1,429,885 



64,356 

191.909 

1,118,012 

55,608 



Rank 



VII 

I 

II 

IV 

III 

VI 

V 

IX 

VIII 



34 



1900 




Pop. 


Rank 


75,994,575 


— 


5,592,017 


VII 


15,454,678 


II 


15,985,581 


I 


10,347,423 


IV 


10,443,480 


III 


7,547,757 


V 


6,532,290 


VI 


1,674,657 


IX 


2,416,692 


VIII 


694,466 


31 


411.588 


37 


343,641 


39 


2,805,346 


7 


428,556 


35 


908,420 


29 


7,268,894 


1 


1,883,669 


16 


6,302,115 


2 


4,157,545 


4 


2,516,462 


8 


4,821,550 


3 


2,420,982 


9 


2,069,042 


13 


1,751,394 


19 


2,231,853 


10 


3,106,665 


5 


319,146 


40 


401.570 


38 


1,066,300 


27 


1,470,495 


22 


184,735 


45 


1,188,044 


26 


278,718 


41 


1,854,184 


17 


958,800 


28 


1,893,810 


15 


1,340,316 


24 


2,216,331 


11 


528,542 


33 


2,147,174 


12 


2,020,616 


14 


1,828,697 


18 


1,551,270 


20 


1,311,564 


25 


1,381,625 


23 


6 790.391 


7 30 


3,048,710 


6 


243,329 


43 


161,772 


46 


92,531 


48 


539,700 


32 


195,310 


44 


122,931 


47 


276,749 


42 


42,355 


49 


518,103 


34 


413,536 


36 


1,485,053 


21 


1,262,055 


— 


63,592 




154,001 




10 953,243 




91,219 


._ 



1890 


i 


Pop. 


Rank 


62,947,714 


-- 


4,700,749 


VII 


12,706,220 


II 


13,478,305 


I 


8,932,112 


III 


8,857,922 


IV 


6,429,154 


V 


4,740,983 


VI 


1,213,935 


IX 


1,888,334 


VIII 


661,086 


30 


376,530 


33 


332,422 


37 


2,238,947 


6 


345,506 


36 


746,258 


29 


6,003,174 


1 


1,444,933 


18 


5,258,113 


2 


3,672,329 


4 


2,192,404 


8 


3,826,352 


3 


2,093,899 


9 


1,693,330 


14 


1,310,283 


20 


1,912,297 


10 


2,6(9,185 


5 


190,983 


42 


348,600 


3 35 


1,062,656 


26 


1,428,108 


19 


168,493 


43 


1,042,390 


27 


230,392 


40 


1,655,980 


15 


762,794 


28 


1,617,949 


16 


1,151,149 


23 


1,837,353 


12 


391,422 


32 


1,858,635 


11 


1,767,518 


13 


1,513,401 


17 


1,289,600 


21 


1,128,211 


24 


1.118,588 


25 


6 258,657 


3 39 


2,235,527 


7 


142,924 


45 


88,548 


46 


62,555 


48 


413,249 


31 


160.282 


44 


88,243 


3 47 


210.779 


41 


47,355 


49 


357,232 


34 


317,704 


38 


1,213,398 


22 


122,042 


— 


32,052 




9 89,990 


- 




__ 



1880 



Pop. 



50,155,783 



4,010 

10,496 

11,206. 

6,157 

7,597, 

5,585, 

3,334 

653, 

1,114 



,529 
NTS 
G6S 
,443 
197 
151 
220 
119 



648,936 
346,991 
332,286 
1,783,085 
276,531 
622,700 

5,082,871 
1,131,116 
4,282,891 

3,198,062 
1,978,301 
3,077,871 
1,636,937 
1,315,497 

780,773 
1,624,615 
2,168,380 

} 4 135,177 

452,402 
996,096 

146,608 
934,943 
177,624 

1,512,565 
618,457 

1,399,750 
995,577 

1,542,180 



1,648,690 
1,542,359 
1.262,505 
1,131,597 

802,525 
939,946 



1,591,749 

39,159 
32,610 
20,789 
194,327 
119,565 
40,440 
143,963 
62,266 

75,116 

174,768 
864,694 



33,426 



33,426 



Rank 



VI 

II 

I 

IV 

III 

V 

VII 

IX 

VIII 



1 Includes population (325,464) of Indian Territory and Indian reservations specially enumerated 
in 1890, hut not included in the general report on population in 1890. 

2 Includes persons (6,100 in 1840 and 5.318 in 1830) on public ships in the service of the United 
States, not credited to any geographic division or state. 

3 For 1890 the rank of South Dakota advances from 37 to 35 and that of Arizona from 48 to 47 
when the population specially enumerated is included ; and that of Oklahoma advances from 46 to 39' 
when the population of Indian Territory and IncHnn reservations specially enumerated are included.' 

753 



POPULATION OF THE UNITED STATES 




754 



POPULATION OF THE UNITED STATES 

TABLE IX.— POPULATION OF THE UNITED STATES, BY DIVISIONS AND STATES, WITH 
RANK ACCORDING TO POPULATION, AT EACH CENSUS, 1790-1910.— Con tinned 



10 



Geographic Division 
and 

State 



Continental United States 

Geographic Divisions : 

New England 

Middle Atlantic 

East North Central 

West North Central 

South Atlantic 

East South Central 

West South Central 

Mountain 

Pacific 

New England : 

Maine 

New Hampshire 

Vermont 

Massachusetts 

Rhode Island 

Connecticut 

Middle Atlantic: 

New York 

New Jersey 

Pennsylvania 

East North Central : 

Ohio 

Indiana 

Illinois 

Michigan 

Wisconsin 

West North Central: 

Minnesota 

Iowa 

Missouri __. 

North Dakota £ 

South Dakota j - - 

Nebraska ___ — 

Kansas — _ 

South Atlantic : 

Delaware 

Maryland 

District of Columbia 

Virginia 

West Virginia 

North Carolina 

South Carolina 

Georgia 

Florida - 

East South Central : 

Kentucky 

Tennessee 

Alabama 

Mississippi 

West South Central : 

Arkansas 

Louisiana 

Oklahoma 

Texas 

Mountain : 

Montana 

Idaho 

Wyoming 

Colorado 

New Mexico 

Arizona 

Utah 

Nevada 

Pacific : 

Washington 

Oregon 

California 

Noncontiguous territory __. 

Alaska 

Hawaii 

Porto Rico 

Military and naval u 



1870 




Pop. 


Rank 


38,558,371 


- « 


3.487,924 


VI 


8,810,806 


II 


9,124,517 


I 


3,856,594 


V 


5,853,610 


III 


4,404,445 


IV 


2,029,965 


VII 


315,385 


IX 


675,125 


VIII 


626,915 


23 


318.300 


31 


330.551 


30 


1,457.351 


7 


217,353 


32 


537,454 


25 


4,382,759 


1 


906.096 


17 


3,521,951 


2 


2,665,260 


3 


1.680,637 


6 


2,539,891 


4 


1,184,059 


13 


1,054,670 


15 


439.706 


28 


1,194,020 


11 


1,721,295 


5 


4 14,181 


45 


122.993 


36 


364,399 


29 


125,015 


35 


780.894 


20 


131.700 


34 


1,225,163 


10 


442,014 


27 


1,071,361 


14 


705,606 


22 


1,184.109 


12 


187,748 


33 


1.321.011 


8 


1,258.520 


9 


996,992 


16 


827,922 


18 


484.471 


26 


726.915 


21 


~818~579 


19 


20,595 


43 


14,999 


44 


9.118 


47 


39.864 


41 


91.874 


37 


9.658 


46 


86.786 


39 


42,491 


40 


23.955 


42 


90.923 


38 


560,247 


24 





— 




-- 


:::::::: 


— 



I860 




Pop. 


Rank 


31,443,321 


— 


3,135,283 
7,458,985 
6,926,884 
2,169,832 
5,364,703 
4,020,991 
1,747,607 
174.923 
444,053 


1 v 

I 

II 

VI 

III 

IV 

VII 

IX 

VIII 


628.279 
326.073 
315.098 
1,231.066 
174.620 
460,147 


22 

27 
28 

29 
24 


3,880.735 

672,035 

2,906,215 


1 
21 

2 


2,339.511 

1.350.42S 

1,711,951 

749,113 

775,881 


3 

6 

4 

16 

15 


172.023 

674.913 

1,182,012 


30 

20 

8 


5 4,837 


42 


28.841 
107,206 


39 
33 


112,216 

687.049 

75,080 

1,596,318 


32 

19 

35 

5 


992,622 

703.708 

1,057.286 

140,424 


12 
18 
11 
31 


1,155.684 

1,109.801 

964,201 

791,305 


9 
10 

13 

14 


435.450 
708,002 


25 
17 


~604~215 


23 


~"34~277 
93,516 


38 

34 


~~40~273 

6,857 


37 
41 


11,594 
52.465 
379.994 


40 
36 
26 





— 





-- 


:::::::: 


— 



1850 



Pop. 



23,191,876 



2,728,116 
5,898,735 
4,523,260 

880,335 
4,679,090 
3,363,271 

940,251 
72.927 

105,891 



583,169 
317.976 
314.120 
994.514 
147,545 
370,792 

3.097.394 

4S9.555 

2,311,786 

1,980.329 
9SS.416 
851.470 
397,654 
305,391 

6.077 

. 192.214 

682,044 



91,532 

583,034 

51.687 

1,421,661 



869,039 
668.507 
906,185 
87,445 

982.405 

1,002.717 

771.623 

606,526 



209.897 
517,762 


26 

18 


212,592 


25 


~~61~547 


32 


"ll~380 


35 


"~13~2ftl 

92,597 


34 
29 





-- 




-- 




__ 



Rank 



V 

I 

III 

VII 

II 

IV 

VI 

IX 

VIII 



31 



1840 



Pop. 



2 17,069,453 



2,234,822 
4,526,260 
2,924,728 

426,814 
3,925,299 
2,575,445 

449,985 



501,793 
284,574 
291,948 
737.699 
108.830 
309,978 

2.428,921 

373,306 

1,724,033 

1,519.467 

685.866 

476,183 

212,267 

30,945 



43.112 

383,702 



78,085 

470,019 

43,712 

1,239,797 



753,419 
594.398 
691.392 
54,477 

779.828 
829.210 
590,756 
375,651 

97,574 
352.411 



Rank 



V 

I 

III 

VII 

II 

IV 

VI 



* Population for that part of Dakota territory taken to form North Dakota : 1880, 36,900 ; 1870. 
2,405 ; and for that part taken to form South Dakota : 1880, 98,268 ; 1870, 11,776. 

5 Dakota territory. 

6 Includes population of Indian Territory : 1900, 392,060 ; 1890. 180.182. 

7 The territory of Oklahoma in 1900 ranked 38 and Indian Territory 39. The rank for 1900 includes 
the population of Indian Territory with that of Oklahoma. 

755 



POPULATION OF THE UNITED STATES 

TABLE IX.— POPULATION OF THE UNITED STATES, BY DIVISIONS AND STATES, WITH 
RANK ACCORDING TO POPULATION, AT EACH CENSUS, 1790-1910.— Continued 





Geographic Division 
and 

State 


1830 


1820 


1810 


1800 


1790 






Pop. 


Rank 

III 

II 

V 

VII 

I 

IV 

VI 

12 
18 
17 
8 
23 
16 

1 

14 
2 

4 
13 

20 
27 

21 

24 

11 

25 

3 

~5 

9 

10 

26 

6 

7 

15 

22 

28 
19 


Pop. 

9,638,453 

1,660,071 
2,699,845 

792,719 

66,586 

3,061,063 

1,190,489 

167,680 


Rank 

III 

II 

V 

VII 

I 

IV 

VI 

12 
15 
16 
7 
20 
14 

1 

13 
3 

5 

18 
24 

27 

23 

22 
10 
25 

2 

~4 

8 

11 

6 

9 

19 

21 

26 
17 


Pop. 

7,239,881 

1,471,973 

2,014,702 

272,324 

19,783 

2,674,891 

708,590 

77,618 


Rank 

III 

II 

V 

VII 

I 

IV 

VI 

14 
16 
15 

5 
17 

9 

2 

12 
3 

13 

21 
24 
25 

23 

19 

8 

22 

1 

~4 

6 

11 

7 
10 

20 

26 

18 


Pop. 
5,308,483 

1,233,011 

1,402,565 
51,006 

2~,2~86~494 
335,407 


Rank 

III 
II 
V 

7 

IV 

14 
11 
13 

5 
16 

8 

3 
10 
2 

18 

21 

17 
7 

19 
1 

"i 

6 

12 

9 

15 

20 


Pop. 

3,929,214 

1,009,408 
958,632 

1,851~806 
109,368 


Rank 


1 


Continental U. S. 


2 12,866,020 





2 

3 
4 
5 
6 
7 
8 
q 


Geographic Divisions : 

New England 

Middle Atlantic 

East North Central 
West North Central 

South Atlantic 

East South Central 
West South Central 


1,954,717 

3,587,664 
1,470,018 

140,455 
3,645,752 
1,815,969 

246,127 


II 
III 

IV 


10 




— 






— 


ll 

12 

13 


New England : 
Maine 

New Hampshire — 


399,455 
269,328 
280,652 
610,408 
97,199 
297,675 

1,918,608 

320,823 

1,348,233 

937,903 
343,031 

157,445 
31,639 

"140^455 

76,748 

447,040 

39,834 

1,211,405 

~737~987 

581,185 

516,823 

34,730 

687,917 
681,904 
309,527 
136,621 

30,388 
215,739 


298,335 
244,161 
235,981 
523,287 
83,059 
275,248 

1,372,812 

277,575 

1,049,458 

581,434 

147,178 

55,211 

8,896 

~~66~586 

72,749 

407,350 

33,039 

1,065,366 

~638~829 
502,741 
340,989 

564,317 

422,823 

127,901 

75,448 

14,273 

153,407 


228,705 
214,460 
217,895 
472,040 
76,931 
261,942 

959,049 
245,562 
810,091 

230,760 

24,520 

12,282 

4,762 

72,674 
380,546 

24,023 
974,600 

~555~506 

415,115 
252,433 

406,511 
261,727 

~T0~352 

1,062 

76,556 


151,719 
183,858 
154,465 
422,845 
69,122 
251,002 

589,051 
211,149 
602,365 

45,365 
5,641 

64,273 

341,548 

14,093 

880,200 

"47833 
345,591 
162,686 

220,955 
105,602 

~~~8~850 


96,540 
141,885 

85,425 
' 378,787 

68,825 
237,946 

340,120 
184,139 
434,373 

59,096 
319,728 

~747~6l6 

~393~751 

249,073 
82,548 

73,677 
35,691 


11 
10 
12 

4 

15 

8 

5 
9 
2 


14 
15 
16 

17 


Massachusetts 

Rhode Island 

Connecticut 

Middle Atlantic: 


18 
19 

20 
21 


New Jersey 

Pennsylvania 

East North Central : 
Ohio 

Indiana 


??, 




— 


23 
24 


Michigan 

Wisconsin __ — 


- 


25 


West North Central : 
Minnesota 




26 
?7 


Iowa 


— 


28 
29 
30 
31 

3? 


North Dakota 

South Dakota 

Nebraska 

Kansas 

South Atlantic : 


16 

6 

"I 

~3 
7 
13 

14 
17 


33 
34 
35 
36 
37 
38 
39 


Maryland 

Dist. of Columbia.. 

Virginia 

West Virginia 

North Carolina — 
South Carolina 


40 

41 

42 

43 


Florida 

East South Central : 

Kentucky 

Tennessee 


44 
45 


Mississippi 

West South Central : 


- 


46 


Louisiana 




47 
48 

49 

50 


Oklahoma 

Texas 

Mountain : 
Montana 

Idaho 


-- 


51 

5° 


Wyoming 


-- 


53 
54 


New Mexico 


-- 


55 
56 

57 
58 


Utah 

Nevada . 

Pacific : 
Washington 


- 


59 






60 


Noncontiguous terri- 
tory 

Alaska 

Hawaii 

Porto Rico -_ 




_ZZ_^_ 






_._._..__ 


- 


61 
62 
63 









-- 


64 


Military and naval 11 


— 



8 Alaska was specially enumerated under the law, but the population was not included in the 
general report on population in 1880. 

9 According to the census taken as of Dec. 28, 1890, under the direction of the Hawaiian government. 

10 According to the census of Porto Rico taken in 1899 under the direction of the War Department. 

11 Persons in the military and naval service of the United States (including civilian employees, 
etc.) stationed abroad, not credited to any state or territory. 

756 



POPULIST PARTY 



See Census; Foreign Elements in the 
United States; Immigration; Native Amer- 
ican Race; Vital Statistics of the United 
States. 

References: Bureau of the Census Reports; 
W. F. Wilcox, Supplementary Analysis and 
Derivative Tables of the 12th Census (19D6) ; 
W. S. Rossiter, A Century of Popular Growth, 
1790-1809 (1909). S. N. D. North. 

POPULIST PARTY. Beginnings.— The name 
"Populist party" is the popular designation for 
that American party whose official title is the 
"People's party." It first appeared in Ameri- 
can politics in 1890, in the canvass for the 
state and congressional elections in a number 
of western and southern states. Its national 
organization was formed at a convention held 
at Cincinnati, Ohio, May 19, 1891. 

Causes. — The party had for its antecedents 
the "Greenbackers" (see), the "Grangers" 
(see) and the "Union Labor Party" (see La- 
bor Parties), and was the immediate out- 
growth of the political activities of the "Farm- 
ers' Alliance" (see). The party was formed, 
primarily, to champion the interests of the 
agrarian classes and of the workingmen. It 
sprang up as an expression of the social dis- 
content with the existing economic conditions 
especially in the agrarian West. Such discon- 
tent was the immediate result of the low prices 
of farm produce together with the large number 
of mortgaged farms. The Populist party was 
a protest against the alleged domination of 
government and society by the railroads, the 
money power and the high-protectionist man- 
ufacturers of the East. It was based upon 
the belief that the government could and should 
regulate the economic functions of life in the 
interests of the common people. The move- 
ment Avas primarily an agrarian one, which 
attempted to enlist the support of the urban 
laborers to secure economic panaceas by means 
of legislation. 

First Platform.— The first platform, adopted 
at the Cincinnati Convention in 1891, demand- 
ed: the abolition of the national banking 
system; government issue of fiat money in 
sufficient volume to transact the business of 
the country on a cash basis, such money to be 
loaned to the people at not more than two per 
cent per annum upon non-perishable prod- 
ucts; the free, unlimited coinage of silver; a 
graduated income tax; the prohibition of alien 
ownership of land; the reclamation of all 
lands held by railroads and other corporations 
in excess of their actual needs, such land to 
be held for actual settlers only; a rigid na- 
tional control and supervision, and, if neces- 
sary, government ownership of the means of, 
public communication and transportation; and 
the election of President, Vice-President and 
Senators by the direct vote of the people. 

First National Convention. — The first na- 
tional nomination convention of the party was 



held at Omaha, Nebraska, July 2, 1892. The 
preamble of the platform proclaimed the de- 
plorable condition of society in which land was 
"concentrating in the hands of capitalists", 
and "the fruits of the toil of millions" were 
"bodily stolen to build up colossal fortunes for 
the few." The permanent union of the labor 
forces was declared and the community of in- 
terest between the rural and the urban laborers 
was emphasized. The demands adopted in the 
platform were substantially the same as those 
promulgated at the Cincinnati convention the 
previous year. James B. Weaver of Iowa was 
nominated for President, and James G. Field 
of Virginia for Vice-President. At the election 
in the following November the Populist ticket 
received a popular vote of 1,027,329 and 22 
electoral votes, carrying four states and re- 
ceiving one electoral vote in each of two others, 
besides electing nine representatives to Con- 
gress. 

Campaign of 1896. — In consideration of the 
fact that the Democratic party in 1896 had 
adopted many of the Populists' principles and 
had made the financial question the paramount 
issue in its platform, the Populist conven- 
tion, held at St. Louis, Missouri, July 22, 
1896, endorsed William J. Bryan, the Democrat- 
ic candidate for President. A large minority 
were also in favor of endorsing the Democratic 
nominee for Vice-President, Arthur Sewall of 
Maine, but a majority supported Thomas E. 
Watson of Georgia rather than allow a com- 
plete fusion with the Democratic party. In 
addition to the readoption of the principles set 
forth by the previous convention, the platform 
recognized that the "great and pressing issue" 
of the campaign was the "financial question." 
It demanded: the free and unrestricted coin- 
age of silver and gold at the ratio of sixteen 
to one without waiting for the consent of for- 
eign nations ; postal savings-banks ; government 
ownership of railroads and telegraph ; the 
initiative and referendum; the employment 
of idle labor on public works during an in- 
dustrial depression; and the abolition of govern- 
ment by injunction. Land grants to the Pa- 
cific railroad companies were particularly con- 
demned and it was further demanded that 
the mineral lands be exempted from such land 
grants after, as well as before, the patent. 
In the November election a majority of the 
Populists voted for Sewall, for Vice-President. 
Bryan received 176 electoral votes, Sewall 149 
and Watson 27. 

Middle of the Road Populists.— Those Popu- 
lists who voted for Watson and were in favor 
of maintaining their own organization without 
an alliance or fusion with any other party were 
called "Middle of the Road" Populists (see). 
At the close of the campaign of 1896, there 
was a marked opposition within the party, es- 
pecially in the South, to any further alliance 
with the Democratic party. The first open 
rupture occurred at a state convention at 



757 



PORK, OR PORK BARREL— PORTO RICO 



Grand Rapids, Michigan, February 14, 1897, 
at which two state organizations were formed, 
the regular or fusionist Populist organization 
and the "Middle of the Road" organization. 
An attempt was made to heal the breach at a 
convention of the Populist Reform Press Asso- 
ciation held at Memphis, Tennessee, February, 
1897, at which a committee was appointed to 
call a conference, if necessary, to heal the 
differences. Such a conference was held at 
Nashville, Tennessee, July 3-5, 1897, but was 
unsuccessful. A national "Middle of the 
Road" organization was formed and a national 
committee appointed with power to call a na- 
tional convention. Such a convention met at 
Cincinnati, Ohio, September 5, 1898. The Reg- 
ular Populists held a national convention at 
Omaha, Nebraska, February, 1900, which re- 
sulted in the complete separation of the fac- 
tions. 

Campaign of 1900. — The regular or fusionist 
wing of the party held its nominating conven- 
tion at Sioux Falls, South Dakota, May 9, 
1900, while on the same day the antifusionist 
or "Middle of the Road" wing held its conven- 
tion at Cincinnati, Ohio. Since it was a fore- 
gone conclusion that Bryan would be the Dem- 
ocratic presidential candidate, the fusionist 
Populist convention nominated him by accla- 
mation. Charles A. Towne was the vice-presi- 
dential nominee ; but he withdrew, after the 
Democratic convention had met and nominated 
Adlai E. Stevenson. The Populist executive 
committee substituted Stevenson in Mr. 
Towne's place. The principles of the previous 
Populist platform were readopted, emphasis be- 
ing placed upon the demand for free coinage of 
silver and the denunciation of the financial 
measures of the McKinley administration. In 
addition, sympathy for the Boers was ex- 
pressed, imperialism (see) was denounced, and 
the following demands were made: exclusion 
of Mongolian and Malayan immigration; mu- 
nicipal ownership of public utilities ; and home 
rule for territories and the District of Colum- 
bia. The Middle of the Road convention held 
at Cincinnati, Ohio, nominated Wharton Bark- 
er of Pennsylvania for President and Ignatius 
Donnelly, Minnesota, for Vice-President. The 
platform was significant only in that it em- 
phasized the original Populist theory of fiat 
money, and considered the free coinage of both 
silver and gold at the ratio of sixteen to one 
as merely a temporizing expedient until a 
system providing for "a scientific and absolute 
paper money" could be secured. At the No- 
vember election the Middle of the Road Popu- 
lists received a popular vote of 50,232. 

Campaigns of 1904 and 1908. — After the pres- 
idential campaign of 1900 both wings main- 
tained national committees. However, the in- 
crease of the influence of the conservative 
branch of the Democratic party in the control 
of that party prepared the way for a reunit- 
ing of the factions of the Populist party. 



Through the initiative of the fusionist wing 
of the party a joint convention was held at 
Denver, in 1903, at which a united call was 
issued for the meeting of both committees at 
St. Louis, Missouri, February 22, 1903. At 
that meeting it was decided to dissolve the 
alliance with the Democratic party and nomi- 
nate an independent party ticket. At the 
national nominating convention held at Spring- 
field, Illinois, July 4, 1904, Thomas E. Watson 
of Georgia was nominated for President and 
Thomas H. Tibbies of Nebraska for Vice-Presi- 
dent. The Populists polled only 114,753 votes 
at the November election. Although the na- 
tional organization was continued, at the presi- 
dential election in 1908 the Populists were 
able to poll for their candidates, Thomas E. 
Watson of Georgia and Samuel W. Williams of 
Indiana, only 28,131 votes, of which about 
17,000 were in Georgia. 

Decline. — The causes of the rapid decline of 
this third party movement is found: (1) in 
the alliance of the Populist party with the 
Democratic party which resulted in the absorp- 
tion of a large portion of the Populist party 
by the stronger organization; (2) in the ex- 
traordinary prosperity of the agricultural 
classes during the first decade of the twentieth 
century; (3) in the fact that a large number 
of their progressive demands were incorporated 
into the platforms of the traditional parties. 

See Democratic Paety; Farmers' Alli- 
ance; Greenback Party; Imperalism; Presi- 
dential Elections ; Republican Party ; Sil- 
ver Coinage Controversy. 

References: T. McKee, National Conventions 
and Platforms (5th ed., 1904) ; J. H. Hopkins, 
Pol. Parties in the V. 8. (1900) ; "Presidential 
Campaign" in Appleton's Annual Cyclopedia 
(1891-1902); "Political Campaign" in New 
International Year Book ( 1908 ) ; W. A. Peffer, 
"Populist Party, The Mission of" in North 
American Review, CLVII (1893), 665-678; 
F. E. Haynes, "New Sectionalism" in Quart. 
Journal of Econ., X (1896), 269-295; F. L. 
McVey, "Populist Movement" in Am. Econ. 
Studies, I, No. 3 (1896), 135-209; M. Butler, 
"People's Party" in Forum, XXVIII (1900), 
658-662; T. E. Watson, "People's Party's Ap- 
peal" in Independent, LXV (1908), 882-886. 

O. C. Hormell. 

PORK, OR PORK BARREL. An expression 
of recent origin denoting federal funds avail- 
able for appropriations, particularly for the 
river and harbor and public building appro- 
priations, which are too often looked upon by 
congressmen as funds (or pork) to be divided 
up by logrolling methods. O. C. H. 

PORTO RICO. The Island.— Porto Rico, one 

of the insular possessions of the United States, 
is the fourth island in size of the West Indies, 
being the smallest of what are known as the 
Greater Antilles. It is nearly rectangular in 



758 



PORTO RICO 



form, with an area of about 3600 square miles. 
Its population, according to the census taken 
by the United States in 1910 is 1,118,012. 
The original inhabitants were Carib Indians. 
These, as a separate race, have now entirely 
disappeared, though the present inhabitants in 
the interior show large admixture of. this 
original Indian blood. The present population 
is returned as two-thirds white and one-third 
negro, though it is certain that a considerable 
number of those reported white have a very 
considerable amount of Indian and negro blood 
in their veins. The white blood is predomi- 
nantly Spanish, and Spanish is the language 
of the people, though rapid progress in the 
use of the English language is taking place as 
a result of the American occupation. 



possession of the island was assumed by the 
military forces. For a little over eighteen 
months the affairs of the island were managed 
by the military authorities under the general 
direction of the War Department. This gov- 
ernment came to an end on May 1, 1900, being 
replaced by a purely civil government, created 
by Act of Congress approved April 12, 1900. 
Government. — This act, known as the For- 
aker Act, after the name of its author, consti- 
tutes, with slight amendments, the present 
(1913) organic act of the island. The act 
provides that the government of the island 
shall be vested in an executive, consisting of 
a governor and six heads of administrative 
departments, a legislature of two houses — 
the executive council, and a house of dele- 



66°30' 




PORTO RlCO 



Spanish Rule. — The island was visited by 
Columbus in 1493. In 1510 it was formally 
taken possession of in the name of Spain by 
Ponce de Leon, since when, until the American 
occupation, it remained a Spanish dependency. 
On the outbreak of the war of the United 
States with Spain the island was invaded by 
the American forces. The Treaty of Paris of 
December 10, 1898, establishing peace between 
the two countries, provided for the cession of 
the island to the United States. 

Under Spain the administration of affairs 
was entirely in the hands of the captains gen- 
eral, or governors, who held office from the 
crown, were looked upon as its direct repre- 
sentatives and were responsible to it rather 
than to the Spanish nation or people. 

The real political life of Porto Rico did 
not begin until 1808, since previous to that 
time the island was governed practically as a 
dependency of Hispanola, or Santo Domingo. 
In that year, it was conceded a measure of in- 
dependent administrative functions and was 
given representation in the national parlia- 
ment. From that time until the American 
occupation, the island followed the varying 
fortunes of the mother country, now obtain- 
ing more, now less, political privileges. 

Annexation. — Though the treaty of peace 
was not signed until December 10, 1898, formal 
occupation of the island by the United States 
began October 18 of that year, when full 



gates — and a system of courts of justice, con- 
sisting of a territorial court having the juris- 
diction of United States circuit and district 
courts, and a supreme court of Porto Rico, 
with such inferior courts as the local legisla- 
ture may from time to time create. The most 
characteristic feature of this government is 
the manner in which the members of the exec- 
utive council, or upper house, are selected, 
and the powers given to that body. The law 
thus provides that the executive council shall 
be composed of eleven members, six of whom 
shall be the heads of the administrative de- 
partments, all, like the Governor, to be ap» 
pointed by the President by and with the 
advice and consent of the Senate, for a term 
of four years. Not less than five of the eleven 
members must be native Porto Ricans. The 
members of the lower house, thirty-five in 
number, are selected every two years by what 
is practically manhood suffrage. The result 
of these provisions is to establish about as 
even a balance of power in the legislature be- 
tween the Americans and the natives of the 
island as can well be secured, though the veto 
power possessed by the governor throws the 
final determination as to what legislation 
shall be enacted into American hands. 

In spite of the many disagreements between 
the two houses in respect to details of legis= 
lation, this system has worked effectively. A 
large body of legislation of high character has 



759 



PORTS, TREE— PORTS, JURISDICTION IN 



been enacted. On only one occasion has a 
deadlock resulted. This occurred in 1909 
when the two houses were unable to agree upon 
the general appropriation bill for the support 
of the government. To settle this difficulty 
Congress passed an amendment to the organic 
act, by which it was provided that, in all 
cases of a failure on the part of the legisla- 
ture to make due provision for the support 
of the government, the governor should pro- 
mulgate a budget, the total of which should 
not exceed the amount appropriated for the 
previous fiscal year. 

The functions of the executive council, how- 
ever, are by no means limited to those Of act- 
ing as the upper house of the legislative as- 
sembly. As such, it sits merely during the 
sixty days to which the regular sessions of 
the assembly are limited each year, or during 
such extraordinary sessions as may be called 
by the governor. Throughout the year it also 
sits in what is called executive session for 
the transaction of a large amount of important 
business. These duties were conferred upon 
it, partly by the organic act, and partly by- 
laws enacted by the insular legislature. 
Among the most important of these duties are 
those of acting as a public utilities commission 
for the granting of all franchises and con- 
cessions of a public character, and of prescrib- 
ing .the rates and conditions of service that 
shall be observed by public service corpora- 
tions; of administering the election laws; of 
acting as the approving body in respect to the 
sale of bonds by municipalities, or the grant- 
ing of loans to these bodies from the insular 
treasury; of authorizing certain readjustments 
in the budget as enacted by the legislature; 
and of approving nominations to office made 
by the governor. 

Relations with National Government. — An- 
other characteristic and important feature of 
the government thus created by Congress for 
Porto Rico consists in the nature of the rela- 
tions that it is provided should exist between 
the insular government and the national gov- 
ernment. In making a decision regarding this 
phase of the government to be established for 
the island, Congress wisely adopted the policy 
of conferring the greatest autonomy practicable 
upon the insular government. It thus gave 
to such government full power to take all ac- 
tion necessary for the management of the local 
affairs of the island, subject only to the right 
of Congress to disapprove of legislation if it 
saw fit. It likewise relieved it from all ad- 
ministrative control from Washington further 
than is contained in the power of the Presi- 
dent to remove persons appointed by him for 
cause, and in the obligation of the governor 
and the heads of departments to make annual 
reports regarding the manner in which they 
have discharged their duties. The fatal mis- 
take, so often made in providing for the gov- 
ernment of dependencies — that of attempting 



to administer affairs through officers of the 
government of the mother country — was thus 
avoided. 

In respect to financial matters, Congress was 
equally liberal. It provided that the internal 
revenue laws of the United States should not 
extend to the island but that the latter should 
have the right to establish an excise system of 
its own; that all revenues, over and above the 
cost of collection, derived from custom dues 
paid on goods imported into the island from 
foreign countries should be paid into the in- 
sular instead of the federal treasury; that the 
duties to be paid on imports and exports pass- 
ing between the island and the United States 
should be but fifteen per cent of the regular 
duties, and that no duties at all should be 
paid in respect to such commerce as soon as 
the island had provided for itself a revenue 
system adequate for its needs. In pursuance 
of this latter provision complete free trade be- 
tween Porto Rico and the United States has 
existed since 1901. 

As regards representation in Congress, Porto 
Rico has been treated as a territory, its 
citizens being directed to elect every two 
years a commissioner or delegate who has a 
seat in the House of Representatives, with 
the right to be heard but not to vote. Great 
prosperity has been enjoyed by the island un- 
der American rule. The value of property has 
advanced, wages have increased, the trade of 
the island, both as regards imports and ex- 
ports, has increased several fold since 1900, 
millions of dollars have been spent on schools, 
roads and other improvements, and progress 
has been made in almost every direction. 

See Annexations to the United States; 
Dependencies ; Delegates. 

References: Census of Porto Rico (1899); 
G. W. Davis, Report on the Civil Government 
of Porto Rico (1900) ; Governor of Porto Rico, 
Annual Reports; W. F. Willoughby, Terri- 
tories and Dependencies of the United States 
(1905) ; C. A. Beard, Readings in Am. Govern- 
ment and Politics (1911), 388-390. 

W. F. Willoughby. 

PORTS, FREE. See Free Poets. 

PORTS, JURISDICTION IN. Enclosed wa- 
ters accessible from the sea and suitable for 
anchorage for ships are usually termed ports 
in distinction from the more open roadsteads 
and marginal sea over which a state may have 
jurisdiction. A state may exercise within its 
ports, such jurisdiction as it deems necessary 
for its own well-being; though generally a 
state does not extend its jurisdiction over 
foreign merchant vessels to acts taking place 
on board and not disturbing the peace of the 
port. Public vessels are, as regards their 
internal economy, entirely exempt from local 
jurisdiction though subject to harbor, sanitary, 
and similar regulations. Such vessels may be 



760 



PORTS, PREFERENCE TO— POST OFFICE DEPARTMENT 



required to leave a port. See Mare Clausum; 
Neutralization of Canals; Vessels; Water 
Boundaries and Jurisdiction. Reference: 
Glass, Mar. Int. Law ( 1885 ) . G. G. W. 

PORTS, PREFERENCE TO. The Constitu- 
tion of the United States provides that no 
preference shall be given by any regulation 
of commerce or revenue to the ports of one 
state over those of another: nor shall vessels 
bound to or from one state be obliged to en- 
ter, clear, or pay duties in another (Art. I, 
Sec. ix, If 6). This clause was the natural 
result of the jealousies between the states, and 
of the contests and disputes that preceded 
the meeting of the Convention of 1787. The 
provision has recently been the subject of some 
consideration in connection with the regulation 
of interstate commerce. In Armour Packing 
Co. vs. U. S. (209 U. 8. 56, 80), the Supreme 
Court said:" 

This provision was intended to prevent legisla- 
tion intended to give, and having the effect of giv- 
ing preference, to the ports of one State over an- 
other State. It may be true that the regulation 
of interstate commerce by rail has the effect to 
give an advantage to commerce wholly by water to 
ports which can be reached by means of inland 
navigation, but these are natural advantages and 
are not created by statutory law. The fact that 
regulation, within the acknowledged powers of 
Congress to enact, may affect the ports of one 
State more than those of another cannot be con- 
strued as a violation of this constitutional pro- 
vision. 

A. C. McL. 

POSSE COMITATUS. By an ancient prin- 
ciple of the common law the sheriff or other 
executive officer of the court may summon any 
able bodied men within the jurisdiction of the 
court to assist him. Bystanders may thus be 
legally called upon to join in arresting per- 
sons; more often the sheriff calls upon such 
persons as he sees fit before starting out upon 
his mission. It is a clumsy system and breaks 
down whenever most of the people in the dis- 
trict are disinclined to support the law. In the 
United States, the principal question in regard 
to the posse is whether it includes soldiers. Ef- 
forts have repeatedly been made to call out 
troops as though they were individuals, sub- 
ject only to the demand of the civil authority. 
This question was raised in the Whiskey Re- 
bellion (see) when arrests were made by the 
troops. During reconstruction times, efforts 
were made to put the federal troops in the 
South at the disposal of the civil power; but 
the Federal Government insisted that they were 
not subject to orders by the local jurisdiction 
or punishable if they did not obey. See Ex- 
ecution of Process; Order, Maintenance 
of; Riots, Suppression of. References: G. N. 
Lieber, "Use of the Army in Aid of the Civil 
Power" in No. Am. Rev., ,CLXIII, Nov., 
1896; "Federal Aid ?n Domestic Disturbances" 
in Sen. Docs., 57 Cong., 2 Sess., No. 209 
(1903); E. C. Mason, Veto Power (1890). 

A. B. H. 



POST OFFICE DEPARTMENT. As pointed 
out in the article on the postal system of 
the United States, provision was made for a 
Postmaster General during colonial days. This 
office was continued after the adoption of the 
Constitution. It was not until 1829, however, 
that provision was made for a Post Office De- 
partment, and the Postmaster General became 
a member of the President's Cabinet. The or- 
ganic act under which 'the Department is at 
present organized and conducted was approved 
June 8, 1872. This act made no radical change 
in prior existing conditions, its main purpose 
being to revise and consolidate the separate 
laws then in existence. 

For purposes of administration, the Depart- 
ment, as at present organized, comprehends nine 
main divisions or branches, consisting, respec- 
tively, of: the office of the Postmaster General, 
the four offices of the assistant postmasters 
general, the inspection service, the postal sav- 
ings system, the office of the purchasing agent, 
and the office of the chief clerk and superin- 
tendent of building. In addition to these there 
are two other offices of the government at- 
tached to other departments, whose duties re- 
late exclusively to postal matters. These are 
the offices of assistant attorney general for the 
Post Office Department, who is an officer of 
the Department of Justice, though his office 
force are employees of the Post Office Depart- 
ment, and the auditor for the Post Office, who, 
and his office force, are employees of the De- 
partment of the Treasury. For all practical 
purposes, however, these offices should be 
treated as part of the administrative machin- 
ery for the conduct of postal affairs. 

The duties of the chief clerk and superin- 
tendent of building, purchasing agent and in- 
spection service are sufficiently indicated by 
their titles. All of the technical duties per- 
taining to the operation of the Postal Service 
are under the direct supervision of one or the 
other of the four assistant postmasters general. 
Thus, for example, the first assistant has 
charge of postmasters' appointments, salaries 
and allowances and the city delivery service; 
the second assistant, the railway mail service, 
foreign mails, miscellaneous transportation, 
and equipment, in other words matters having 
to do with transportation; the third assist- 
ant, financial affairs, stamps, money orders, 
registered mails, classification of mail matter, 
and redemption of damaged stamps and postal 
cards; and the fourth assistant, the rural mail 
service, dead letters, supplies, and topography. 
The postal savings system is administered as 
a separate service under the direction of the 
Postmaster General. 

This division of duties is made at the dis- 
cretion of the Postmaster General and is 
changed from time to time. The significant 
feature of this scheme of organization is that 
it follows functional lines. Each assistant 
postmaster general has the direction of certain 



761 



POST OFFICE DEPARTMENT 



POSTMASTER 
GENERAL 



ASSISTANT 

ATTORNEY GENERAL 

FOR THE 

DEPARTMENT 



CHIEF CLERK 



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POSTMASTER 

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POSTMASTER 

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POSTMASTER 

GENERAL 



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CHART OF THE INTERNAL 

ORGANIZATION OF THE 
POST OFFICE DEPARTMENT 



762: 



POST ROADS— POSTAL MONEY ORDERS 



classes of activities. The postmasters and 
other officials of the postal service in the field 
are thus, in effect, under the orders and direc- 
tion of four or more superior officials. This 
form of organization has been criticized as 
resulting "practically in the creation within 
the Department of five separate administra- 
tions, working on their own lines with little 
or no mutual cooperation, and incidentally in 
a duplication of records which is entirely un- 
necessary and could scarcely have existed if the 
whole of the Department had been looked upon 
as a unit and administered as such" ("Pre- 
liminary Report of Joint Commission on Busi- 
ness Method of Post Office Department and 
Postal Service," February 10, 1908, Sen. Re- 
ports, 60 Cong., 1, 201, Sess. 15). The final 
report of this Commission {Sen. Rep., 60 
Cong., 2, Sess. 701) submitted December 17, 
1908, furthermore points out as one of the 
chief structural weaknesses of the system the 
lack of permanency of the tenure of the chief 
administrative officers. On this point the re- 
port says: 

In this connection it is necessary only to point 
out that in the last seven years there have been 
four Postmasters General, three First Assistant 
Postmasters General, three Second Assistant Post- 
masters General, two Third Assistant Postmasters 
General and two Fourth Assistant Postmasters 
General, and that of all these officers but four 
ever had, prior to their appointment, any experi- 
ence in postal affairs. 

To remedy this condition of affairs, the Com- 
mission recommends a thorough reorganiza- 
tion of both the Post Office Department and the 
postal service. The most essential features of 
this scheme of reorganization which is em- 
bodied in the so-called Carter Bill, consist in 
the creation of the office of Director of Posts 
who, under the supervision of the Postmaster 
General, will have general superintendence and 
management of the postal service, of six as- 
sistant directors of posts to have charge of 
the "six main natural divisions of the service, 
namely, post offices, transportation, mail mat- 
ter, appointments, finances, and supplies," in 
lieu of the four Assistant Postmasters Gen- 
eral, and the division of the country upon ad- 
ministrative and not geographical considera- 
tions, into not less than 15 nor more than 20 
postal districts each in charge of a district 
superintendent. Changes in many other re- 
spects are proposed of which limitations of 
space prevent consideration in this place. 

See Cabinet Government; Executive De- 
partments; Postal System; Postmaster 
General. 

References: D. T. Leech and W. L. 
Nicholson, History of the Post Office Depart- 
ment ( 1879 ) ; F*. Huebner, "Our Postal Sys- 
tem" in Columbia Hist. Soc, Proceedings, IX 
(1906), 126-174; M. dishing, The Story of 
Our Post Office ( 1883 ) ; " C. H. Van Tyne and 
W. G. Leland, Guide to the Archives of the 
Govt, of the U. S. (2d ed., 1907), 147-171. 

W. F. WlLLOUGHBY. 



POST ROADS. The authority of the Federal 
Government to maintain and operate a postal 
service is contained in the Constitution (Art. 
I, Sec. viii, If 7) which provides that Congress 
shall have power "to establish post-offices and 
postroads." This wording has given rise to 
much discussion regarding the intent of Con- 
gress. Did it intend to confer upon Congress 
the authority merely to determine where post 
offices should be located, and what should be 
deemed to be post roads, or to establish and 
operate a postal system? As Pomeroy, in his 
Constitutional Law, points out, "No other 
constitutional grant seems to be clothed in 
words which so poorly express its object, or 
so feebly indicate the particular measures 
which may be adapted to carry out its design. 
To establish post offices and post roads is 
the form of the. grant; to create and regulate 
the entire postal system of the country is the 
evident intent." President Monroe in his com- 
munication to Congress in vetoing the Cumber- 
land Road Bill (see), May 4, 1822, adopted the 
narrow construction of this grant. The Su- 
preme Court of the United States, however, has 
uniformly adopted the other view, with the 
result that no doubt now exists regarding the 
power of Congress to provide for the operation 
of a postal service. Aside from the express 
grant of power that has been quoted it would 
seem that the power conferred upon Congress 
to regulate interstate commerce carries with it 
the authority to provide for a proper postal 
service. See Cumberland Road; Internal 
Improvements; Postal System of the Unit- 
ed States. References: W. W. Willoughby, 
Const. Law of the U.-S. (1911); J. Story, 
Commentaries (1857), § 1123. W. F. W. 

POSTAL MONEY ORDERS. The use of 
money orders in the United States for the 
transmission of money dates from 1864. This 
system was established primarily to accom- 
modate the thousands of soldiers in the field 
desiring to send money to their families. It 
has met such a real need and has proved of 
such value that it has been retained and con- 
stantly extended. On June 30, 1910, such 
orders could be obtained at 51,791 post offices, 
and during the year preceding, orders were 
issued to the amount of $76,918,036. The 
growth of the system is shown by the fact that 
the corresponding total in 1900 was but 
$32,060,983. Provision also exists for the 
issue of international money orders ; during 
the year ending June 30, 1910, orders of this 
character to the amount of $99,742,686 were 
issued. Money orders are issued upon the 
payment to the postmaster of the sum called 
for by them and a fee varying in amount ac- 
cording to the sums represented. These or- 
ders are payable only to the persons in whose 
favor they are issued, or their order, and pay- 
ment must be made at the post offices des- 
ignated in the orders. 



97 



763 



POSTAL SAVINGS BANKS— POSTAL SYSTEM OF THE UNITED STATES 



From 1864 to July 1, 1894, postal notes were 
issued in fixed denominations that did not have 
these limitations. Their issue was ordered 
discontinued by Act of January 27, 1894, on 
the ground, as stated in the report of the 
Postmaster General for 1895, that, being pay- 
able to bearer, they lacked the element of se- 
curity afforded by money orders and their is- 
sue lessened the income derived from the fees 
for the latter. The revival of the use of 
these notes was strongly recommended by Post- 
master General Hitchcox. He urged that Con- 
gress authorize the issue of notes of this char- 
acter for fixed amounts not exceeding $10 to 
be payable to bearer on presentation at any 
post office. "This," he says, "would provide 
a simple and inexpensive means of transmit- 
ting small sums and would therefore render 
less frequent the sending of bills, coins and 
postage stamps through the mails, a practice 
that results in many losses and entails much 
expense on the department." 

See Exchange of Funds; Postal System 
of the United States. 

References: U. S. Postmaster General, Annu- 
al Reports; Official Postal Guide (annual). 

W. F. WlLLOUGHBY. 

POSTAL SAVINGS BANKS. By act of 
June 25, 1910, authority was given for the 
establishment of postal savings banks. The 
arguments advanced in favor were : ( 1 ) the 
encouragement of thrift; (2) to provide a 
place of deposit free from any suspicion of 
insecurity; (3) to provide a market for gov- 
ernment bonds. It was urged that there were 
considerable sections of the country not pro- 
vided with savings institutions; that foreign- 
ers, particularly from southern Europe, were 
suspicious of banking institutions already in 
operation, and that in some states this was 
justified on account of lax supervision; and 
that postal banks would provide an outlet for 
the investment of United States bonds in case 
they should be discarded from use as a basis 
of national bank circulation. 

On the other hand it was urged that local 
funds should not be diverted to the national 
treasury away from the region where the 
money was saved, to the detriment of local in- 
vestment. On this point a compromise was 
reached, a part of the deposits being redepos- 
ited in local banks and a part under certain 
contingencies going to the Federal Government. 

Deposits may be made for not more than 
$100 in any one month, and to total amount of 
not more than $500, exclusive of accumulated 
interest. Two per cent interest is allowed. De- 
posits may be exchanged as low as $20 for 
bonds. The system as introduced in January 
3, 1911, was installed in one post office in each 
state and territory; but experience justified a 
rapid extension. The results have been most 
satisfactory. After three years' operation the 
deposits amount to more than $28,000,000. 



See Banking, Public Regulation of; 
Banks, Savings; Deposit of Public Funds. 

References: E. W. Kemmerer, "The U. S. 
Postal Savings Banks" in Pol. Sci. Quart., 
XXVI (1911), 462-499; Library of Congress, 
List of Books Relating to Postal Savings 
Banks (1908) ; Am. Year Book, 1910, 328, ibid, 
1911, 308, ibid, 1912, 348, and year by 'year'. 
Davis R. Dewey. 

POSTAL SERVICE, FRAUD ORDERS OF. 

See Fraud Orders of the Postal Service. 

POSTAL SYSTEM OF THE UNITED 
STATES. Pre-Constitutional Precedents. — 
The postal system of the country antedates the 
organization of the government. Massachusetts 
in 1639 and Virginia in 1657 enacted legisla- 
tion looking to the provision of postal facili- 
ties. In 1710 the postal system of Great Brit- 
ain was reorganized and New York was made 
one of the principal offices. In 1737 Benjamin 
Franklin was made postmaster at Philadel- 
phia. On account of the ability with which 
he conducted this office he was made deputy- 
postmaster for America, a position which 
roughly corresponds to that of Postmaster Gen- 
eral today. July 26, 1775, the Continental 
Congress resolved "that a Postmaster General 
be appointed for the United Colonies who shall 
hold office at Philadelphia." The Constitu- 
tion, adopted in 1789, provided (Art. I, Sec. 
viii, If 7) that Congress shall have control of 
the postal system of the country. At that 
time the system embraced about 70 post offices 
with an aggregate annual revenue of about 
$30,000. 

Functions. — Consisting originally merely of 
a service for the transportation of letters and 
other like matter, the system has constantly 
grown in complexity, through the assumption 
of new duties, as imposed upon it by law, and 
the provision of additional facilities. As at 
present organized and conducted, the postal 
system performs at least four distinct func- 
tions: (1) the collection, transportation and 
distribution of mail matter; (2) the opera- 
tion of a system of money orders for the trans- 
fer of money; (3) the operation of a postal 
saving system, imposed upon it by the Act of 
June 25, 1910; and (4) the operation of a 
parcel post system in accordance with an act 
of Aug. 24, 1912, which went into operation 
Jan. 1, 1913. 

Organization. — The service as a whole, con- 
sidered from an administrative standpoint, 
consists of two distinct parts: the Post Office 
Department proper at Washington, at the head 
of which is the Postmaster General, a member 
of the President's Cabinet; and the field service, 
or Postal Service as it is usually denominated. 
The organization and activities of the Post 
Office Department, and the powers and duties 
of the Postmaster General (see) are considered 
elsewhere. 



764 



POSTAL SYSTEM OF THE UNITED STATES 



The operations of the postal service are 
performed through three classes of agencies: 
(1) post offices, of which there are four 
classes; (2) delivery service, which can be 
further divided into city delivery and rural 
delivery; (3) transportation, which can be 
divided into a number of heads correspond- 
ing to the means of transportation employed. 

The division of post offices into classes cor- 
responds to the classification of postmasters 
into those of the first class, second class, third 
class and fourth class. Postmasters of the 
first class include all those receiving a salary 
of $3,000 or over; those of the second class 
those receiving a salary of less than $3,000 
but not less than $2,000; those of the third 
class those receiving less than $2,000 but not 
less than $1,000; and those of the fourth class 
those whose annual compensation, exclusive of 
their commissions on the money order business 
of their offices, amounts to less than $1,000. 
Postmasters of the first three classes are ap- 
pointed by the President by and with the ad- 
vice and consent of the Senate; those of the 
fourth class by the Postmaster General. The 
salaries of postmasters of the first three classes 
are fixed by the Act of March 3, 1883, and de- 
pend upon the gross receipts of their offices. 
Third class postmasters receive, in addition 
to their salaries, a fee of three cents per money 
order issued. Fourth class postmasters re- 
ceive the whole of the box rents collected and 
a commission on the cancellation of stamps, 
post cards, etc., mailed at their offices, sale of 
waste paper, etc., calculated on a graduated 
scale with a limit of $250 per quarter. 

On July 1, 1911, there were 59,580 post of- 
fices, of which 7,592 were of the presidential 
class, and 51,988 of the fourth class. Of the 
former, 398 were of the first class, 1,707 of the 
second class, and 5,487 of the third class. On 
July 1, 1912, the number of post offices had 
declined to 58,729, in continuation of the re- 
duction which has been in progress since 1901, 
when the number reached its highest point, 
-76,945. 

Transportation. — The transportation service 
includes two branches which have to do, re- 
spectively, with domestic and foreign transpor- 
tation. The domestic branch in turn includes 
two divisions: the railway mail service and 
contract service. The railway mail service 
combines the two functions of a post office 
for the assorting of mail for distribution, 



and its transportation. In order that the first 
function may be performed the use of specially 
designed cars is necessary. These cars, which 
are in effect traveling post offices, are furnished 
by the railroads, but they are manned by em- 
ployees of the postal service. The idea of 
a service of this character was first brought 
to the attention of the Post Office Department 
in 1847 by First Assistant Postmaster Hobbie, 
who was impressed with the advantages of such 
a system as in operation in England. It was 
not until 1862, however, that the first railway 
post office was established in this country. The 
system was rapidly extended until today it 
constitutes one of the most important and 
interesting features of the postal service. The 
expenditures for this service during the year 
ending June 30, 1911, was $20,152,904.18 and 
the number of officials and clerks employed on 
June 30 of that year, 17,028. 

All mail matter not transported in these 
cars is handled in bulk by the railroads and 
other transportation agencies in accordance 
with the terms of contracts entered into be- 
tween them and the government. The De- 
partment distinguishes among the follow- 
ing seven classes of contract transporta- 
tion services : ( 1 ) contract railway serv- 
ice; (2) screen wagon service; (3) mail mes- 
senger service; (4) electric car service; (5) 
steamboat service; (6) pneumatic tube serv- 
ice; (7) Alaskan star service. The Depart- 
ment is now experimenting with an eighth 
service, that of aviation. At the present time 
one of the most important problems before the 
Department and Congress has to do with the 
payments that should be made to railroads 
and other transportation agencies for the pro- 
vision and hauling of mail cars and the trans- 
portation of mail matter in bulk. This sub- 
ject was considered by a special commission 
the appointment of which was authorized by 
Act of March 4, 1911. 

Cost of Postal Service. — The total amount 
paid to the railroads in 1911 was $50,583,123, 
as compared with $49,405,311 in 1910; to other 
means of transportation $13,175,366, as com- 
pared with $12,534,500; and for the transpor- 
tation of the foreign mail, $3,315,349, as com- 
pared with $3,204,130. 

The total revenue, expenditures and deficit 
or profit of the post office since 1900, as re- 
ported by the Post Office Department, are 
shown in the following table: 



POSTAL FINANCES (1900-1911) 



Year 


Postal Revenues 


Postal Expenditures 

$107,740,267 
167.399,169 
178,449.778 
190.238.288 
208.351.886 
221.004.103 
229.977.225 
237.648,926 


Deficit 


1900 

1905 

1906 


$102,354,579 
152.826.585 
167,932.782 
183,585.006 
191,478.663 
203.562.383 
224,128.658 
237,879.832 


$5,385,688 
14:572.584 
10.576,996 

6,653.282 
16.873,223 
17,441,720 

5,848,567 
230,897 * 


1907 __ _ . _ _ „___ 


1908 __ 


1909 


1910 


1911 



Excess. 



765 



POSTAL UNION, UNIVERSAL— POSTMASTERS GENERAL 



The increase in the annual expenditures is 
distributed among the various services as fol- 
lows : 



President by whom he is appointed and for 
one month thereafter, unless sooner removed," 
and for his removal the advice and consent of 



POSTAL EXPENDITURES (1900-1911) 



Service in postoffice 

Railway mail service 

Rural delivery service 

Railway mail pay 

Other means of transportation 
Transportation foreign mail __. 



1900 



$51,214,498 

8,839,767 

420,499 

37,315,724 

7,794,212 

2,155,567 



1905 



$73,944,920 : 
13,289,368 
20,824,269 
45,040,564 
11,302,795 
2,832,432 



1910 



$107,770,710 
19,389,414 
37,073,733 
49,405,311 
12,534,501 
3,204,130 



1911 



$112,898,369 
20,106,909 
37,145,757 
50,583,123 
13,175,366 
3,315,349 



1 Accounts as revised in 1911. 

The free delivery service of the postal serv- 
ice is considered in a separate contribution 
(see Rtjeal Deliveey). 

See Feaud Oedeks; Paecel Post; Rtjeal 
Fbee Deliveey; and under Mail; Post; 
Postal. 

References: U. 8. Official Postal Guide 
(annual) ; Joint Commission on Business 
Methods of Post Office Department and Postal 
Service, "Preliminary Report" in Sen. Rep., 
60 Cong., 1 Sess., fl 201, "Final Report" in 
Sen. Rep., 60 Cong., 2 Sess., ff 701; Post- 
master General, Annual Reports; C. C. Hueb- 
ner, American State Papers; D. D. Leech and 
W. L. Nicholson, Our Postal System (1906); 
J. A. Fairlie, National Administration ( 1905 ) , 
ch. xii; Am. Year Boole, 1910, 532; ibid, 1911, 
546-47 ; ibid, 1912, 534-36, and year by year. 

W. F. WlLLOUGHBY. 

POSTAL UNION, UNIVERSAL. In order 
that the facilities of the postal service may ex- 
tend to communications between different 
countries, provision must be made for a ma- 
chinery through which matters of common in- 
terest to the several countries may be adjusted. 
This is accomplished through the Universal 
Postal Union, an international institution with 
headquarters at Berne, Switzerland. The oper- 
ations of this institution are regulated by a 
treaty concluded at Berne, October 9, 1874. 
Almost all civilized nations of the world are 
now parties to this treaty and as such mem- 
bers of the union. A bureau of international 
postal statistics is operated at Berne in con- 
nection with the union. See Inteenational 
Unions; Postal System of the United 
States. W. F. W. 



POSTMASTER GENERAL. The Postmaster 
General is the head of the Post Office Depart- 
ment, and as such the directing head of the 
federal postal service. Since 1829 he has been 
a member of the President's Cabinet. His com- 
pensation is $12,000 per annum. Like other 
Cabinet officers he is appointed by the Presi- 
dent by and with the advice and consent of 
the Senate. His position is unique, however, 
in that, in accordance with the provisions of 
the act of June 8, 1872, giving to the Post 
Office Department its present organization, his 
tenure of office is "during the term of the 

766 



the Senate is required. The act of 1872 it will 
be noted was passed at a time when the tenure 
of office acts were in full force. These acts 
were incorporated into the Revised Statutes in 
1880 as section 1767 to 1772 inclusive. As 
the repealing act of 1887 specifically repealed 
these sections only, the law regarding the ap- 
pointment and tenure of the Postmaster Gen- 
eral remained unchanged. 

The most significant fact regarding the 
powers and duties of the Postmaster General 
is the wide discretion that is vested in him in 
respect to the practical administration of his 
department and of the postal service. With 
the exception of the assistant postmasters gen- 
eral and the purchasing agent, who are ap- 
pointed by the President, he appoints all of- 
ficers and employees of the Post Office Depart- 
ment. He likewise appoints the fifty thousand 
odd fourth class postmasters. He has almost 
a free hand in respect to the organization of 
his department and the distribution of duties 
among the four assistant postmasters general. 
He contracts with the railroad and steamship 
lines for the transportation of mails. Subject 
to the approval of the President, he makes 
postal treaties with foreign governments. He 
establishes new post offices and discontinues 
ones in existence as the needs of the public 
and the service seem to demand. Within the 
limitations of appropriations, he extends the 
rural free delivery system and in other re- 
spects has discretion in respect to the exten- 
sion of the service. To an unusual degree, 
therefore, the Postmaster General, among the 
heads of departments, exercises direct control 
over, and is responsible for the manner in 
which the affairs of his department are con- 
ducted. 

See CABINET; EXECUTIVE DePAETMENTS ; 

Post Office Depabtment; Postal System. 

Reference: H. B. Learned, The President's 
Cabinet (1911). W. F. Willoughby. 



POSTMASTERS GENERAL. From 1789 
till 1829 the following Postmasters General 
served without the rank of Cabinet officers: 



1789 (Sept. 26), S. Osgood. 
1791 (Ausr. 12), T. Pickerinar. 
1795 (Feb. 25). ,T. Habersham. 
1801 (Nov. 28), G. Granger. 
1814 (Mar. 17), R. J. Meigs, Jr. 
1823 (June 26), J. McLean. 



POSTS, MILITARY— POVERTY AND POOR RELIEF 



In 1829 provision was made for a Post 
Office Department, and the Postmaster Gen- 
eral became a member of the Cabinet. Since 
that time the following Postmasters General 
have served as members of the Cabinet: 



1829 (Mar. 9) -1833 (Apr. 30), William T. Barry. 
1833 (May 1) -1840 (May 19), Amos Kendall (re- 
commissioned, Mar. 15, 1836). 

1840 (May 19) -1841 (Mar. 3), John M. Niles. 

1841 (Mar. 4), Selah R. Hobbie (1st Asst. P. M. 
Gen. ; ad int.). 

1841 (Mar. 6) -1841 (Sept. 13), Francis Granger. 

1841 (Sept. 14), Selah R. Hobbie (1st Asst. P. M. 
Gen. ; ad int.). 

1841 (Sept. 13) -1845 (Mar. 6), Chas. A. Wickliffe. 

1845 (Mar. 6) -1849 (Mar. 5), Cave Johnson. 

1849 (Mar. 6), Selah R. Hobbie (1st Asst. P. M. 
Gen. ; ad int.). 

1849 (Mar. 8) -1850 (July 22), Jacob Collamer. 

1850 (July 23) -1852 (Aug. 31), Nathan K. Hall. 

1852 (Aug. 31) -1853 (Mar. 7), Samuel D. Hubbard. 

1853 (Mar. 7) -1857 (Mar. 6), James Campbell. 
1857 (Mar. 6) -1859 (Mar. 8), Aaron V. Brown. 
1859 (Mar. 9), Horatio King (1st Asst. P. M. 

Gen. ; ad int.). 

1859 (Mar. 14) -1860 (Dec. 31), Joseph Holt 

1861 (Jan. 1), Horatio King (1st Asst. P. M. 
Gen. ; ad int.). 

1861 (Feb. 12) -1861 (Mar. 5), Horatio King. 

1861 (Mar. 5) -1864 (Sept. 23), Montgomery Blair. 

1864 (Sept. 24) -1866 (July 16), William Dennison 
(recommissioned, Dec. 8, 1864). 

1866 (July 17), Alexander W. Randall (1st Asst. 
P. M. Gen. ; ad int.). 

1866 (July 25)-1869 (Mar. 4), Alexander W. Ran- 
dall. 

1869 (Mar. 4), St. John B. L. Skinner (1st Asst. 
P. M. Gen. ; ad int.). 

1869 (Mar. 5) -1874 (July 3), John A. J. Cresswell 
(recommissioned Mar. 17, 1873). 

1874 (July 3) -1874 (Aug. 24), James W. Marshall. 

1874 (Aug. 24)-1876 (July 12), Marshall Jewell (re- 
commissioned, Dec. 15, 1874). 

1876 (July 12) -1877 (Mar. 12), James M. Tyner. 

1877 (Mar. 12) -1880 (June 2), David M. Key. 

1880 (June 2) -1881 (Mar. 5), Horace Maynard. 

1881 (Mar. 5) -1881 (Dec. 20), Thomas L. James 
(recommissioned Oct. 27, 1881). 

1881 (Dec. 20) -1883 (Mar. 25), Timothy O. Howe. 
1883 (Mar. 26), Frank Hatton (1st Asst. P. M. 
Gen. ; ad int.). 

1883 (Apr. 3) -1884 (Sept. 24), Walter Q. Gresham 
(recommissioned, Dec. 11, 1883). 

1884 (Sept. 25), Frank Hatton (1st Asst. P. M. 
Gen. ; ad int.). 

1884 (Oct. 14) -1885 (Mar. 6), Frank Hatton (re- 
commissioned, Dec. 4, 1884) . 

1885 (Mar. 6) -1888 (Jan. 16), William F. Vilas. 

1888 (Jan. 16) -1889 (Mar. 5), Don. M. Dickinson. 

1889 (Mar. 5) -1893 (Mar. 6), John Wanamaker. 
1893 (Mar. 6) -1895 (Mar. 1), Wilson S. Bissell. 
1895 (Mar. 1)-1897 (Mar. 5), William L. Wilson. 

1897 (Mar. 5) -1898 (Apr. 21), James A. Garv. 

1898 (Apr. 21) -1902 (Jan. 9), Charles Emory Smith 
(recommissioned Mar. 5, 1901). 

1902 (Jan. 9) -1904 (Oct. 10), Henry C. Payne. 

1904 (Oct. 10) -1905 (Mar. 6), Robert J. Wynne. 

1905 (Mar. 6) -1907 (Mar. 4), George B. Cortelyou. 
1907 (Mar. 4) -1909 (Mar. 5), George von L. Meyer. 
1909 (Mar. 5)-1913 (Mar 4), Frank H. Hitchcock. 
1913 (Mar. 5) Albert S. Burleson. A. B. H. 

POSTS, MILITARY. Reservations occupied 
by any detachment of the United States Army 
are called military posts. Those permanently 



garrisoned are designated as forts, whether 
fortified or not, and others are called camps 
while occupied by troops. As commandant 
of a post the senior officer on duty has special 
duties and prerogatives relating to its defense 
and administration, and a staff of six or more 
officers may be detailed as his assistants. Ex- 
penditures are limited to the appropriations 
made by Congress, except in case of emergency, 
when the commandant may spend $500 for the 
preservation of public property. No land can 
be purehased or buildings erected without ex- 
press authority from Congress. 

Posts were multiplied along the shifting 
frontiers of the West when troops were re- 
quired to protect settlers from the Indians; 
and, though many of these have been abandoned 
as obsolete, others are maintained to satisfy 
local interests. The War Department in 1912 
enumerated a number of posts which might be 
abandoned with advantage to the service, 
though some of them have been enlarged and 
improved at considerable expense in the previ- 
ous ten years; as for example Fort D. A. Rus- 
sell, Wyoming, cost $4,893,164 for construction 
work during the ten years ending June 30, 
1911. The total for construction at nine posts 
was over $37,600,000, and during the same 
period eight new posts were constructed at an 
expense of $6,539,605. 

In 1910, 100 posts, including six in Alaska 
and four in the Hawaiian Islands, cost $4,500,- 
000 for improvements ; and land was purchased 
for enlarging 12 of them at a cost of $313,525. 
Posts in the Philippines were allotted $2,000,- 
000. Post exchanges to serve as centres of 
recreation cost $400,000 in 1910, the limit be- 
ing $40,000 for the larger garrisons. These re- 
place the post-traders' establishments once au- 
thorized and the "canteens" of later date. Since 
1901 the sale of wine, beer, and other intoxi- 
cating liquors at military posts has been pro- 
hibited by law. Posts schools are maintained 
for enlisted men and children. 

See Coast Defense; Eminent Domain; 
Jurisdiction over Federal Sites; Military 
Reservations ; Navy Yards. 

References: U. S. War Department, Military 
Laws (1908), 622-626, 1181, 1247, 1294, List 
of Military Posts (1902) ; Annual Reports, 
1899-1903 (1904), 266-268; (1910), I, 56, 130, 
152-154, 180, 254-256, 263-282; (1912), I, 
156-176, 188; House Exec. Doc, 62 Cong., 2 
Seas., No. 490 (1912). C. G. Calkins. 



POVERTY AND POOR RELIEF 



Definition of Poverty. — Poverty is denned by which constitutes abundance, or even luxury 



the Century Dictionary as "lack of means of 
support." Poverty is a relative term, which 
cannot be reduced to absolute terms or dollars 
or cents, or even to material supplies. That 
amount and kind of clothing, food or shelter 



in the tropics may represent starvation, cold 
and misery in a northern climate. An income 
which may be utterly insufficient for the ordi- 
nary needs of a family in the city of New 
York or San Francisco may enable a family to 



767 



POVERTY AND POOR RELIEF 



live in comfort in a country village, where 
rent is nominal, and where a meagre income 
may be supplemented by a vegetable garden 
and a fishing rod. 

If poverty means "lack of support," the defi- 
nition raises the question of what constitutes 
adequate "support," and that leads directly 
to a study of standards of living. What is a 
fair support for a family of two, three or five 
persons in a given community? What are to 
be fixed as the minimum requirements for 
housing, food, clothing, recreation, etc.? 

Standard of Living. — Efforts have been made 
to answer this question by systematic study 
of living conditions and family budgets in the 
city of New York. The income for a family 
of five persons should provide at least three 
rooms with windows opening to the outside air, 
decent beds and other necessary articles of 
furniture, running water and a separate water 
closet. It should provide also for sufficient 
fuel and light, sufficient plain wholesome food, 
including pure milk for children, comfortable 
clothing with proper underwear, and a small 
allowance for books, newspapers and recrea- 
tion. The studies of experts in the city of 
New York have indicated that a minimum 
standard of living for a family of five, in that 
city is $700 to $900. 

A very large proportion of the population of 
the United States falls below the standards 
of living here described, notwithstanding the 
fact that living conditions here are better than 
in most foreign countries. Dr. Devine says 
that, "Ten years ago Cuba and Porto Rico and 
the Philippines had more of poverty than all 
of the United States;" but that "Such poverty 
as that of Ireland, of Spain, of Italy and of 
agricultural Russia is not entirely unknown 
in America also. In New England, on the 
frontier, in southern mountains, in deserted 
mining regions, even in the backwood regions 
of our own Empire State, you find deep local 
traces of it. You find here and there, in every 
country, spots where food is scarce, where 
human wants are unsupplied for the reason 
that nature is niggardly and capital is scarce. 
Labor is of little value and wages are low for 
the reason that there is no profitable employ- 
ment for labor. This is poverty. It is found 
ordinarily in primitive, agricultural communi- 
ties rather than in industrial centers." 

Pauperism. — This is defined as "dependence 
upon charity;" specifically, the condition of 
"a destitute person who receives or is entitled 
to receive aid under a pauper law." One who 
is cared for by relatives or personal friends 
is not to be regarded as a pauper; and it is 
generally agreed that relief extended by a 
fraternal organization or by any voluntary or- 
ganization which assumes the attitude of neigh- 
borliness or friendliness does not carry with 
it the stigma of pauperism. 

There is a common feeling that relief from 
public sources, either in the form of "out door 



relief" (see) or in the form of almshouse care 
involves a certain amount of odium. This feel- 
ing is less pronounced with reference to med- 
ical treatment and hospital care; though many 
self-respecting poor people strenuously object 
to the charity doctor and the charity hospi- 
tal. A valid argument can be made in favor 
of the right of the industrious citizen who has 
faithfully met his obligations to society to 
enjoy without cost the provisions offered by 
the community at large, without loss of self- 
respect; but in practice this argument fails 
to carry weight with most of those to whom 
it is addressed. 

Those who become familiar with the char- 
acteristics of the ordinary almshouse and the 
ordinary pauper cease to wonder that the in- 
dustrious, well behaved citizen is unwilling 
to be classed with the dirty, ill behaved, ill 
spoken, complaining people who constitute the 
larger proportion of the pauper population; 
and those who are familiar with the careless, 
indifferent methods and the grudging and un- 
sympathetic manner of the average public re- 
lief officer cannot but sympathize with the poor 
who dread to apply to them for needed help. 
It is not unreasonable that the well disposed 
poor should prefer to deal with private agen- 
cies and should seek the shelter of private 
individuals in preference to public ones. 

Relief. — This is defined as, "charitable aid 
given, especially out of the poor rates." But 
in recent years there has been a steadily in- 
creasing disposition to use the word charity 
in its largest sense, namely benevolence, well 
wishing, love. The true philanthropist en- 
deavors to carry this idea into every effort on 
behalf of his unfortunate neighbors. 

Relief may first be considered as to source. 
It may be extended by individuals as an act 
of friendliness or neighborliness, inspired by 
personal knowledge of the need and personal 
good will toward the recipient. This is the 
ideal form of relief. It prevails extensively 
in rural districts and small villages and it is 
constantly illustrated in the generous ministry 
of the poor to their poor neighbors. The poor 
help each other more liberally, in proportion 
to their means, than the rich help the poor. 

There is a field for the exercise of personal 
beneficence between individuals who are well 
to do and individuals who are poor; but in 
the complexity of modern society it is usually 
necessary to make use of the advice of those 
who have special opportunities to know the 
situation and the needs of the individual to 
be relieved. Even in moderate sized communi- 
ties it is no longer possible for the rich and 
the poor to know each other. 

Necessity of Organization. — Where personal 
philanthropy is impracticable, because of the 
great number of individuals to be considered 
or because of the unavoidable separation be- 
tween the needy and those who seek to aid 
them, organization becomes necessary in the 



768 



POVERTY AND POOR RELIEF 



church, the benevolent order, the relief so- 
ciety, or some other form of organized charity, 
public or private. The private voluntary or- 
ganization is usually preferable to the public 
organization, because it can more nearly ap- 
proximate the personal and friendly spirit of 
neighbors. The leaders of the modern move- 
ment of charity organization strive faithfully 
to inspire and foster the neighborly spirit in 
organized relief. But it must be acknowledged 
that the private agencies are inadequate and 
that it is unavoidable to employ public agents 
and to draw upon the public purse. Yet it 
is not impossible to inspire in public agents 
the same spirit of wisdom, patience and neigh- 
borly kindness which animates the best private 
agencies. 

Distribution of Relief. — The relief of the poor 
is partially assumed in some states by the 
commonwealth, as in Massachusetts and New 
York, where the state assumes responsibility 
for the relief of poor persons who have not a 
legal "settlement" in some minor division of 
the state. This obligation is assumed by 
counties in many states, the administration 
being assigned to county commissioners, "di- 
rectors of the poor," "overseers of the poor," 
etc. In many states this obligation is assumed 
by cities, villages or townships, the adminis- 
tration being assigned to "superintendents of 
the poor," "aldermen," "village trustees," 
"township overseers," etc. In some states the 
county system and the township system exist 
in different parts of the same commonwealth. 

Outdoor Relief. — Public relief of the poor has 
usually been extended in the forms of: (1) 
medical attendance; (2) burials; (3) trans- 
portation; (4) "outdoor relief" (see), i. e., 
cash, house rent, provisions, fuel, clothing, or 
other material relief, given to the individual 
in his own home. 

The utility of outdoor relief has been ques- 
tioned by many wise social students. It has 
often been administered by public officers with- 
out social training, or such practical wisdom 
as would .enable them to use it with discrimina- 
tion. In many communities it has been used 
shamelessly for the selfish ends of scheming 
politicians; while in other communities it has 
been used as a means of graft. As a result of 
criticisms, outdoor relief was abolished in the 
city of New York in 1875, in Brooklyn in 1878, 
in Philadelphia in 1879. It has never existed 
in Washington or Baltimore and it was main- 
tained by those familiar with the facts that 
no serious hardship resulted. As a matter 
of fact public out-door relief is practically the 
only kind of relief in many parts of the 
country, especially in the rural districts. It is 
usually niggardly in amount and is disbursed 
with very little study of the real needs of the 
beneficiary or the probable effects of the dole. 

With the rapid growth of child labor laws 
and compulsory education laws, cutting off 
the revenue of families from the labor of young 



769 



children, a strong sentiment has grown up in 
favor of pensions for widows having young 
families to support. This is really a form of 
outdoor relief, and is opposed by some of those 
who have disapproved of such relief in the 
past; but it is warmly defended by others, 
who urge that the evils complained of can be 
prevented by efficient administration and that 
the evil of breaking up families, separating 
children from good mothers and subjecting 
them to the demoralization of institution life 
are greater than any necessary evils resulting 
from the plan of widows' pensions. The ques- 
tion is a difficult one, and can reach a satisfac- 
tory solution only by long continued study and 
experiment. 

Temporary and Regular Relief. — Relief may 
be considered as to its duration. It may be 
temporary, as alms to a beggar, a night's lodg- 
ing, or payment of railroad fare to the next 
station, or the furnishing of $5 worth of pro- 
visions. So, as a rule, relief that is purely tem- 
porary, is worse than useless, unless it is 
given in anticipation of careful inquiry and 
adequate provision for the need. 

Relief may be regular, as a monthly pension, 
commitment to a poor house, or putting chil- 
dren into an orphan asylum for permanent 
care. Regular relief should be instituted only 
after the most careful consideration because it 
tends to produce a permanent condition of de- 
pendence. 

Palliative, Remedial and Constructive Relief. 
— Relief may be considered as to its quality. 
It may be palliative, as putting oil of cloves 
into an aching tooth or sending a poor family 
a hundred miles to the home of relatives who 
are already on the verge of pauperism. 

It may be remedial, for example, a course 
of hospital treatment which will restore the 
individual to health; the gift of a milch cow 
which may obviate the necessity for other 
material relief, or the reformation of a drunk- 
ard, which will restore him to the ranks of 
respectable citizenship and fit him to provide 
for the needs of his family. 

Relief may be constructive, as, for example, 
bringing to bear upon a family such moral, 
religious and social influences as shall inspire 
ambition, hope, industry, and self-respect; or 
moving a family into a more favorable envi- 
ronment; or putting a man into a more re- 
munerative situation better situated to his 
capabilities; or training a girl in domestic sci- 
ence or teaching a boy a good trade; or es- 
tablishing a colony for the segregation of 
feeble-minded girls. 

Principles of Relief.— Whether the duty of 
relief be undertaken by an individual, by the 
church, by a private society or by a public 
agency there are certain well established prin- 
ciples which should prevail. (1) There must 
be competent diagnosis. It is necessary to find 
out what is the matter. This involves a care- 
ful, sympathetic and intelligent inquiry into 



POWER FOR INDUSTRIES 



the history of the family or individual, the 
causes of distress, the available ' resources of 
the family or their friends and such other 
information as will lead to an intelligent de- 
cision as to the remedy that is to be applied. 
There is a popular prejudice against "investi- 
gation" and "red tape." This prejudice can 
be largely removed by promptness in making 
the inquiry, by suitable temporary aid while 
it is pending, and by the personal touch of 
a wise agent, and by practical demonstration of 
efficient service. 

(2) When the cause of the trouble has 
been discovered and the needed remedy has 
been determined the effort should be made to 
apply the remedy without fail, either directly 
or through the cooperation of others. This 
may involve simply advice and encouragement, 
finding of suitable employment, removal to a 
better environment; enlisting the cooperation 
of neighbors or the sympathy of a friendly 
visitor. It may involve increasing the resour- 
ces of the family by donations of cash or ma- 
terial relief; sending some member of the fam- 
ily to a hospital, an old people's home, an 
alms house or some other institution. It may 
involve undertaking a systematic campaign for 
the renovation of the family, awakening new 
purposes, establishing new standards and stim- 
ulating new desires. It may mean dividing 
the family for a longer or shorter period, send- 
ing children to an institution or a family 
home. It may mean the intervention of the 
juvenile court or the domestic relations court 
or some other court to determine the status of 
the family and solve the problems involved. 

Society is now willing to take a great deal 
more trouble and incur a great deal more ex- 
pense, for the time being, than formerly, in 
behalf of needy families and individuals, rec- 
ognizing that a large temporary outlay of 
money and effort may be much more economi- 
cal than a protracted effort which does not 
remedy the situation. 

The modern movement for the study of the 
causes of poverty and pauperism and for the 
development of preventive and constructive 
methods of dealing with the poor has been 
coincident with the development of the charity 
organization (see) movement in the United 
States. The development of the movement can 
be followed through the published volumes of 
the National Conference of Charities and Cor- 
rection, by the creation of new committees 
dealing with these subjects, and by the gradual 
broadening scope of the discussions. 

See Beggars; Charities; Children, De- 
pendent, Public Care of; Municipal Lodg- 
ing Houses; Old Age Pensions and Insur- 
ance; Outdoor Relief; Tenement House 
Regulation ; Unemployment ; Vagrancy. 

References: C. R. Henderson, Introduction 
to the Study of Dependent, Defective and De- 
linquent Classes (1904) ; "Public Relief and 
Private Charity" in Charities Review, March, 



1894, 226-35; American Tear Booh, 1910, and 
year by year ; Amos G. Warner, American Char- 
ities (1908); State Conferences of Charities, 
Proceedings (obtainable from State Secreta- 
ries ) ; National Conference of Charities and 
Corrections, Proceedings (1874 to date) ; O. F. 
Lewis, Vagrancy in the United States (1907) ; 
Alexander Johnson, The Almshouse (1911) ; 
Mary E. Richmond, Good Neighbor in the Mod- 
ern City ( 1907 ) ; E. T. Devine, Efficiency and 
Relief, Misery and its Causes ( 1909 ) , Princi- 
ples of Relief (1910) ; Alice W. Solenberger, 
One Thousand Homeless Men (1911). 

H. H. Hart. 

POWER FOR INDUSTRIES.— There are no 

very complete statistics of the total quantity 
of power utilized in the United States. The 
Census report for 1910 on manufacturers gives 
a summary of the power employed for manu- 
facturing, amounting to 18,680,776 horse-pow- 
er. This is exclusive of other uses, such as 
transportation, water supply, electric lighting 
and miscellaneous purposes. The census report 
on Central Electric Light and Power Stations 
for 1907 gives the aggregate quantity of power 
employed in that service as 6,618,011 horse- 
power, but a part of this was rented to manu- 
facturers, and is included in the 18,680,776 
named above, of which it is stated that 1,872,- 
670 horse-power is rented power. The total 
horse-power used for manufacturing was di- 
vided as follows: steam power, 14,202,137, or 
76%; water power, 1,822,593 or 10%; gas 
power, 754,083, or 4%; electric power, 1,749,- 
031 or 9% ; other powers, 152,932 or less than 
one per cent. 

These figures show the large extent to which 
steam is still relied upon for the production 
of power. Of other prime motors the water- 
wheel leads in importance, being credited with 
ten per cent of the whole, and, if the prime 
source of the electric power reported were 
known, it would doubtless materially increase 
this percentage. 

Concentration. — Until quite recent years it 
was the practice to produce power in such 
separate, independent units as were required 
to supply the needs of a single establishment; 
and under these conditions the steam engine 
was unrivaled for convenience and economy, 
except in the isolated cases where water power 
was available and could be cheaply developed. 
The introduction and rapid development of the 
transmission of power by electricity over long 
distances, has made it possible to concentrate 
it in large quantities where a market exists 
for it, and to supply it therefrom to consumers 
of power in such quantities and at such dis- 
tances as the demand calls for. This has great- 
ly stimulated the development of power, both 
steam and water, in very large units with a 
corresponding economy and convenience. 

Prime Movers. — While the reciprocating 
steam engine still retains the leading place 



770 



POWERS, CONCERT OF— PRECEDENTS 



it has always held in the production of power, 
the increasing cost of fuel, and the fact that 
this form of engine has about reached its 
highest possible efficiency indicate that it may 
not long be able to hold its relative importance 
among prime motors. The development, rapid 
introduction and increasing efficiency of steam 
turbines, makes this new form of motor a 
formidable rival of the reciprocating engine; 
but the more recent developments indicate 
that it will be of the greatest utility as an 
adjunct of the reciprocating engine through the 
economical utilization of the exhaust steam 
from the latter, the combination of the two in 
this way attaining a degree of economy here- 
tofore impossible where cither is used sepa- 
rately. This combination seems to renew the 
possibilities of a continuance of the suprem- 
acy of steam in the production of power under 
many conditions which render its use attrac- 
tive. 

Transmission. — Until the introduction and 
rapid expansion of power transmission by 
electricity, water power was produced and util- 
ized only in comparatively small projects suffi- 
cient for local needs. But the possibility of 
supplying power from one central point to 
consumers within a large area of territory, and 
the low cost at which water power can be 
produced in large quantities under favorable 
conditions, has called renewed attention to 
the water wheel as a prime motor, and the 
utilization of the great water power sites of 
the country is making very rapid progress. 
Since the chief element in the cost of produc- 
ing water power is interest on the cost of 
development it is obvious that where a water 
power can be developed on a large scale at a 
low first unit cost, power can be produced very 
cheaply — so cheaply that other sources of pow- 
er can not compete with it. But in fixing a 
price to the consumer the cost of transmission 
to him must be taken into consideration. This 
cost is determined not so much by the capital 
invested in the transmission line, as by the 
losses incident to transmission — that is, the 
losses in converting the power into electrical 
energy, transmitting this energy to a distant 
point and reconverting it into available power. 
Assuming that the power is delivered at a 
station 100 miles from the point of production 
it may be roughly estimated that for each one 
hundred horse-power produced only from 60 
to 65 horse power can be made available to 
the consumer. This loss must be considered in 
fixing the price to the consumer, but even after 
this is done the resulting price may be lower 
than steam power could be produced on the 
spot. 

Sources. — Of other sources of power the gas 
engine, operated by producer gas, is making 
an excellent record but has not yet come into 
large use, though under favorable conditions 
it is a formidable rival of steam. Wind power 
is utilized on a very small scale, but the un- 



certainties and inconstancies of the air cur- 
rents make it unreliable. Many attempts have 
been made to utilize the force of ocean waves 
for the production of power, but none of them 
have been commercially successful. 

Since heat is the ultimate source of all pow- 
er, and since the sun transmits to the earth 
an almost unlimited quantity of heat, many 
attempts have been made to transform this 
heat into available power; and while no suc- 
cessful results have yet been achieved in this 
direction it seems not improbable that prac- 
tical methods of utilizing this heat may in the 
future be discovered. 

Only a small part of the total power pro- 
duced and utilized is employed or controlled 
by governmental agencies. Municipalities that 
own and operate public utilities require large 
quantities of power and usually own the power- 
plants needed. The question whether, on the 
whole, the public ownership and operation of 
these utilities and of the power plants at- 
tached thereto, is advantageous or economical, 
has been widely discussed; but in only a few 
cases have the data supplied been sufficient to 
make fair comparisons. Either the experience 
has not extended over a period of sufficient 
time to yield average results, or the methods 
of accounting have been defective, or the data 
supplied have been incomplete. It may there- 
fore still be regarded as an open question 
whether the public ownership of utilities and 
power plants is advantageous or not. 

See Conservation; Water Power, Regula- 
tion of; Water Supply. 

References: C. E. Lucke, Power (1911) ; R 
S. Ball, Natural Sources of Power (1908) ; C 
D. Gray, "Investigation of Cost of Power" in 
Journal of Franklin Institute, Oct., 1911 
S. F. Walker, Steam Boilers, Engines and Tur- 
bines (1908) ; F. R. Hutton, The Gas Engine 
( 3d ed. rev., 1908 ) ; F. B. Crocker and M 
Arendt, Electric Motors, Thew Action, Control 
and Application (1910); D. W. Mead, Water 
Power Engineering (1908). S. Whinery. 

POWERS, CONCERT OF. See Concert of 

Powers. 

POWERS, DISTRIBUTION OF. See 

Distribution of Powers. 

POWERS, DIVISION OF. See Division 

of Powers. 

PRACTICAL ARTS SCHOOLS. See 
Schools, Practical Arts. 

PREAMBLE TO THE CONSTITUTION. 

See Constitution of the United States, 
Preamble to. 

PRECEDENTS. See Cases, Significance 
of, in Constitutional Law; Reports of Ju- 
dicial Cases. 



771 



PRECINCT, ELECTORAL— PRELIMINARY CANVASS 



PRECINCT, ELECTORAL. In some states 
the term precinct is equivalent to parish or 
township; generally it refers to the smallest 
political subdivision in either township, town 
or city, and is marked off for convenience in 
voting. The voters in a precinct cast their 
ballots at the polls provided for that precinct. 
City precincts are made to contain as nearly as 
possible an equal number of voters. Precincts 
must be entire wards or wholly within the 
one ward or town, i. e., one precinct may not 
be made up of parts of adjacent wards or dis- 
tricts. Through official maps and lists of poll- 
ing places displayed on registration days the 
voter may learn to which precinct he belongs. 
See Election System in the United States. 
Reference: R. H. Fuller, Government by the 
People (1908), 24, 25. J. M. 

PRECINCT, MUNICIPAL. The election pre- 
cinct, sometimes called the election district, 
is a division of the ward, made for polling 
purposes. It is a small area, the voters of 
which use the same polling place. In addition 
to this the precinct is also used as a geograph- 
ical unit in the compilation of the voters' list 
and, occasionally, in the making of the tax 
roll. It is not, however, used as a unit of 
representation in local government nor as an 
administrative division in carrying on the 
business of the municipality. The election pre- 
cinct should be distinguished from the police 
precinct (see Police, Station Houses). 

See Police in Ameeican Cities. 

W. B. M. 

PREEMPTION OF PUBLIC LANDS. See 

Public Lands, Peeemption of. 

PREFECT IN FRANCE. The prefect is the 
chief administrative officer of the French de- 
partement. France is divided into 86 depart- 
ments (or 87 if Belfort be included) and each 
is under the administrative supervision of a 
prefect. The department of the Seine (which 
includes Paris) has two prefects, one called 
the prefect of the Seine; the other called the 
prefect of police. The prefects are appointed 
by the president of the republic on the advice 
of the minister of the interior; they hold 
office during the pleasure of the president; 
but in practice are given reasonable security 
of tenure. They are well paid and exercise 
important powers. The powers of the prefect 
are twofold: (1) those which he exercises 
as administrative head of the department ; ( 2 ) 
those which he exercises as the local agent of 
the central government. In the former capac- 
ity he prepares the annual budget of the de- 
partment and lays this before the general coun- 
cil, which is, as it were, the departmental 
legislature. He supervises the spending of 
local appropriations; represents the depart- 
ment in all legal matters; and has general 
charge of departmental property, roads, and 



other public works. As local agent of the 
central government, on the other hand, the 
prefect supervises the working of administra- 
tion in the arrondissements (or counties) and 
in the communes (towns and villages) . He has 
supervisory authority over local police affairs 
and is charged with the general maintenance 
of law and order within his department. In 
addition he has various duties connected with 
the preparation of the annual recruit list in 
connection with the system of compulsory mil- 
itary service; the compilation of returns and 
statistics; the management of jails, poor- 
houses and asylums; and the administration 
of the government monopolies. He is presid- 
ing officer of the council of the prefecture — 
an administrative court. The prefect is as- 
sisted by subordinates called subprefects, of 
whom there is one for each arrondissement. 
See Local Self-Govebnment ; Municipal Gov- 
ernment in Continental Europe; Police in 
Eubopean Cities. References: F. J. Goodnow, 
Comparative Administrative Law (1903), I, 
272-277; T. de Croissy, Dictionnaire Municipal 
(1903), article Prefet; G. La Breton, Le pou- 
voir reglementaire des prefets (1900). 

W. B. M. 

PREFERENTIAL TARIFF. See Taeiff, 
Peefeeential. 

PREFERENTIAL VOTING. See Voting, 

Peefeeential. 

PRELIMINARY CANVASS. A preliminary 
canvass is often made before a presidential 
campaign to determine the advisability of en- 
tering the lists for a party nomination. Such 
a canvass is conducted secretly and quietly to 
test the strength of a candidate before public 
announcement is made. More formal and thor- 
ough canvasses are conducted during impor- 
tant election campaigns, with the object of 
enabling party leaders to forecast the result 
of the election. State committees under the 
general direction of the national committee 
often conduct three distinct canvasses during 
a presidential campaign. They send out poll 
books to local party workers in county, town or 
district, in which the supporters of the two 
parties in every voting precinct may be listed. 
The returns are sent to the state committee. 
The first canvass, made at the beginning of 
the campaign, gives the attitude of the voters 
before the special campaign debates. The sec- 
ond shows the trend of changes incident to the 
discussion. The final canvass is made at the 
end of the campaign when each voter has 
fully made up his mind. This last is conduct- 
ed with great care by experts selected for the 
work from local party men distinguished for 
their ability and accuracy. By means of these 
preliminary canvasses the result of the elec- 
tion is often successfully predicted. During 
the campaign of 1896 the Republicans in some 
72 



PRELIMINARY ELECTIONS— PRESENTMENT 



states made five canvasses. Party workers 
were especially instructed to enroll every Re- 
publican who declared his intention to vote 
for the Democratic candidate; and measures 
were instituted to win back the recreant party 
members. Thus the canvasses not only assist 
in forecasting results but may be made an 
agency for keeping party members in line. 
See Polls; Votes, Canvass of. References: 
J. A. Woodburn, Political Parties and Party 
Problems (1909), 211; M. Ostrogorski, Democ- 
racy and Party System (1910), 179, 203, 204; 
J. Macy, Party Organization and Machinery 
(1912), 121. J. M. 

PRELIMINARY ELECTIONS. A term used 
to denote elections held within the party, reg- 
ulated by law, for the purpose of nominating 
candidates for office to be voted for at the 
regular election. It applies to nominations 
made by primary elections in contradistinction 
to those made in party conventions. See Pri- 
mary; Primary, Direct. 0. C. H. 

PREMIER. See Prime Minister. 

PREROGATIVE. Mr. Dicey prefaces his ex- 
animation of the prerogative with the state- 
ment that it is a term which has caused more 
perplexity to students than any other expres- 
sion referring to the British constitution. His- 
torically and as a matter of actual fact, he 
affirms that it is nothing else than the residue 
of discretionary or arbitrary authority which 
at any given time is legally left to the Crown, 
whether such power be in fact exorcised by 
the king himself or by his Ministers. Every 
act which the executive government can law- 
fully do without the authority of Parliament 
is done in virtue of the prerogative. Thus no 
statute is required to make war or peace, to 
create peers, to dismiss a minister from office, 
or to appoint his successor. The doing of these 
things lies legally within the discretion of the 
Crown; it belongs to the discretionary au- 
thority of the government. 

Anson, who accepts this definition of Dicey's 
of the prerogative, ascribes the rights and priv- 
ileges which make up the prerogative to three 
sources : ( 1 ) the residue of the executive 
power of the king in the early stages of Eng- 
lish history, when he led his people in war, 
administered their affairs in peace, was their 
judge in the last resort; this power reduced 
by statute and limited by conventional restric- 
tion, remains as the discretionary authority 
of the executive; (2) there are parts of the 



prerogative which are derived from the posi- 
tion of the king as the feudal chief, the ulti- 
mate land-owner, and the lord of every man; 
hence arise the right to escheats, to treasure 
trove, to the custody of idiots and lunatics; 
(3) there are attributes with which the Crown 
has been invested by legal theory. Such is the 
attribute of perpetuity, for which since the 
Revolution of 1688 provision has been made by 
statute for continuity in the administration of 
justice and the course of the executive govern- 
ment independently of the demise of the Crown. 
Such also is the attribute of perfection of 
judgment — that the king can do no wrong. 
Hence the king's ministers are held responsible 
for the acts of the king. 

The development of the Cabinet since the 
reign of William III has greatly restricted 
the prerogative of the Crown. There are cir- 
cumstances in which a prime minister can ask 
the dissolution of Parliament. The Crown can- 
not dismiss a member of the Cabinet who has 
the confidence of his colleagues, without bring- 
ing the administration to an end. War can be 
declared by the king only on the advice of the 
Cabinet. Peers are cr r ated on the advice of 
the Cabinet; and the result of changed condi- 
tions since the Cabinet reached its modern de- 
velopment is that there is but one act which 
is the personal act of the sovereign. A prime 
minister who is about to retire, offers the 
king no advice as to the choice of a successor. 
"That," wrote Peel in 1845, "is almost the 
only act which is the personal act of the sov- 
ereign." The king must be kept informed of 
the policies and measures of the Cabinet, and 
sufficiently early to admit of his counsel being 
offered and his objections considered. 

See Cabinet Government; Crown; Execu- 
tive System in Great Britain; Parliament. 

References: A. V. Dicey, Intro, to the Study 
of the Law of the Constitution (1893), 352- 
353; W. R. Anson, Law and Custom of the 
Constitution (3d ed., 1907), II, Pt. I, 2-6 
and index; A. L. Lowell, The Government of 
England (1908), I, 13, 18. 

Edward Porritt. 

PRESENTMENT. The written notice which 
a grand jury takes of any offense, from their 
own knowledge, without an indictment or in- 
formation put before them by the government. 
It indicates that there is reasonable ground for 
trying the person named for the offense charged. 
References: W. Blackstone, Commentaries, IV, 
301; Mack vs. People, 82 N. Y. 237. 

H. M. B. 



(1) 



773 



